In-Custody Death Review

SB 519 expanded the BSCC’s mission to include the promotion of legal and safe conditions for youth, inmates, and staff in local detention facilities. The bill created the position of Director of In-Custody Death Review (director) within the BSCC. The bill also amended California (CA) Penal Code (PEN) Section 832.10, CA PEN Section 6024, and added CA PEN Section 6034.

PEN Section 6034 created the position of Director of In-Custody Death Review to review investigations of deaths in local detention facilities. The director makes recommendations, and these recommendations and responses are made available to the public.

PEN Section 832.10 makes investigative records regarding a death in a local detention facility public under the California Public Records Act. The records are subject to certain redactions to protect privacy, and their release can be delayed if it interferes with a criminal investigation.

Title 15 Section 1046 requires a local detention facility administrator to develop written policies and procedures to report on in-custody deaths, including reporting any in-custody death within a local detention facility within 10 days of the date of death. Facilities must also submit a review report, ensuring deaths shall be reviewed to determine the appropriateness of clinical care; whether changes to policies, procedures, or practices are warranted; and to identify issues that require further study.

Government Code Section 12525 requires local detention facilities to report any death that occurs in their custody within 10 days. Agencies must also update the report within 10 days if any new information becomes available, such as a change in the cause of death.