Section 2032 - Television and Radio Coverage of Parole Hearings(a) General. Representatives of television and radio stations may attend individual case hearings.(b) Television and radio coverage of Board of Prison Terms' parole hearings will be authorized, unless such coverage would create a risk to the security of an institution, obstruct the hearing process, pose a risk to the personal safety of any person, or have the potential for prejudicing judicial proceedings, and subject to the following provisions:(1) Access to Institutions. Access to Department of Corrections' institutions and local county jails shall be governed by the rules of the Director of Corrections or the local county sheriff notwithstanding any provisions contained in these rules.(2) Request for Television or Radio Coverage of Parole Hearings. All requests for coverage of parole hearings shall be made to the executive officer of the board no later than three working days before the hearing. Requests to attend life prisoner parole hearings may be submitted no earlier than two working days after the date of issuance of the monthly notice of life prisoner hearings. The request shall specify the name of the prisoner for whom the hearing will be conducted. Requests for coverage on a blanket basis will not be honored. Persons whose requests are not timely will not be considered for entry into the hearing room or for participation in the pooling arrangement.(3) Decisions to Authorize Television and Radio Coverage of Parole Hearings. The executive officer of the board may authorize television and radio coverage of parole hearings. (A) The executive officer of the board will grant authorization for television and radio coverage of a parole hearing to the station or network representative who makes the earliest request. Timely requests from more than one station or network will require the establishment of a pooling arrangement. If space limitations prevent the presence of both television and radio personnel in the hearing room, preference will be given to television personnel because of television's need for video equipment. Any television station or network given such preference will provide pooling services to any television or radio personnel denied entry to the hearing room.(B) As a condition to granting authorization for television or radio coverage of a parole hearing the executive officer of the board may request that a copy of any recording made of the hearing be furnished to the board without cost.(C) The executive officer of the board or a board hearing panel may deny, limit or terminate coverage of a hearing.(4) Pooling Arrangements Among Television and Radio Representatives. All television and radio representatives who make a timely request to attend a hearing shall be provided with pool services. The station or network designated to be in the hearing room shall provide the service. Pooling arrangements among representatives shall be the responsibility of the station or network designated to be in the hearing room. In the absence of a pooling agreement or in the event of unresolved disputes relating to pooling agreements, the executive officer or a board hearing panel may deny, limit or terminate all or a portion of the coverage.(5) Television and Radio Coverage Standards: Equipment and Personnel. Equipment that does not produce distracting sound or light shall be employed to cover parole hearings.(A) Equipment from the designated station or network only shall be permitted into the hearing room.(B) There shall be no modification or additions to lighting fixtures in the hearing rooms.(C) No light or signal which is visible or audible to the hearing participants shall be used on any equipment to indicate whether it is operating.(D) Video and audio equipment shall not be placed in or removed from the hearing room except before or after the hearing or during a normal recess.(E) Television or radio personnel from the designated station or network shall assume an assigned, fixed position in the hearing room and shall act in a manner so as not to call attention to his activities. Camera persons shall not be permitted to move about during the hearing.(F) Television and radio coverage of parole hearings by station and network personnel shall be conducted so as not to create a risk to the security of an institution, obstruct the hearing process, pose a risk to the personal safety of any person or have the potential for prejudicing judicial proceedings.(6) Excluding and Restricting Television and Radio Personnel at Board of Prison Terms' Hearings. (A) Television and radio personnel may be excluded from or restricted in their attendance at parole hearings by the executive officer of the board or a board hearing panel when the presence of such personnel would create a risk to the security of an institution, obstruct the hearing process, pose a risk to the personal safety of any person or have the potential for prejudicing judicial proceedings.(B) To protect the attorney-client privilege and the right to effective assistance of counsel, there shall be no audio coverage of conferences between the prisoner and his attorney.(C) There shall be no coverage of any portion of the hearing which is closed by the panel members, including but not limited to deliberations.(D) There shall be no coverage of any portion of the hearing which is deemed confidential pursuant to California Code of Regulations, Title 15, Sections 2087 (d)(1) and 3321(a).(7) Objections to Television or Radio Coverage at Board of Prison Terms' Parole Hearings. (A) The consent of the prisoner or his attorney shall not be required for television or radio coverage of a parole hearing. However, the prisoner or the prisoner's attorney may request that the hearing panel deny, limit or terminate television or radio coverage.(B) Objections to television or radio coverage of a hearing by a prisoner or his attorney shall be considered on a case by case basis recognizing that prisoners do not have an inherent right to restrict television or radio coverage of a parole hearing.(C) In determining whether or not to grant an objection to television or radio coverage the executive officer or the hearing panel shall make its determination based on whether television or radio coverage of the hearing would create a risk to the security of the institution, obstruct the hearing process, pose a risk to the personal safety of any person or have the potential for prejudicing judicial proceedings.Cal. Code Regs. Tit. 15, § 2032
1. New section filed 6-14-84; effective thirtieth day thereafter (Register 84, No. 24).
2. Amendment of subsections (b)(6)(D) and (b)(7)(A) filed 1-19-90; operative 2-18-90 (Register 90, No. 5). Note: Authority cited: Sections 3041 and 3052, Penal Code. Reference: Sections 3041 and 3060, Penal Code; Sections 11126 and 11342.2, Government Code.
1. New section filed 6-14-84; effective thirtieth day thereafter (Register 84, No. 24).
2. Amendment of subsections (b)(6)(D) and (b)(7)(A) filed 1-19-90; operative 2-18-90 (Register 90, No. 5).