Under existing law, when a person who is in custody dies, the agency with jurisdiction over the state or local correctional facility with custodial responsibility for the person at the time of their death is required to post specified information, including the date on which the death occurred and the decedents age, race, and gender, on its internet website within 10 days of the death. Existing law requires the agency to update the posting within 30 days if any information regarding the death changes.

The bill would require the agency to post this specified information on its internet website when a juvenile who is in custody dies. The bill would require the agency to also update the posting if the date on which the death occurred changes, once determined by a medical examiner or similar entity. The bill would define in-custody death for these purposes. By expanding the duties of local agencies, this bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Under existing law, when a person who is in custody dies, the agency with jurisdiction over the state or local correctional facility with custodial responsibility for the person at the time of their death is required to post specified information, including the date on which the death occurred and the decedents age, race, and gender, on its internet website within 10 days of the death. Existing law requires the agency to update the posting within 30 days if any information regarding the death changes.

The bill would require the agency to post this specified information on its internet website when a juvenile who is in custody dies. The bill would require the agency to also update the posting if the date on which the death occurred changes, once determined by a medical examiner or similar entity. The bill would define in-custody death for these purposes. By expanding the duties of local agencies, this bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Under existing law, when a person who is in custody dies, the agency with jurisdiction over the state or local correctional facility with custodial responsibility for the person at the time of their death is required to post specified information, including the date on which the death occurred and the decedents age, race, and gender, on its internet website within 10 days of the death. Existing law requires the agency to update the posting within 30 days if any information regarding the death changes.

The bill would require the agency to post this specified information on its internet website when a juvenile who is in custody dies. The bill would require the agency to post the date of death according to a medical examiner or similar entity. update the posting if the date on which the death occurred changes, once determined by a medical examiner or similar entity. The bill would define in-custody death for these purposes. By expanding the duties of local agencies, this bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Under existing law, when a person who is in custody dies, the agency with jurisdiction over the state or local correctional facility with custodial responsibility for the person at the time of their death is required to post specified information, including the date on which the death occurred and the decedents age, race, and gender, on its internet website within 10 days of the death. Existing law requires the agency to update the posting within 30 days if any information regarding the death changes.

The bill would require the agency to post this specified information on its internet website when a juvenile who is in custody dies. The bill would require the agency to post the date of death according to a medical examiner or similar entity. The bill would define in-custody death for these purposes. By expanding the duties of local agencies, this bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Under existing law, when a person who is in custody dies, the agency with jurisdiction over the state or local correctional facility with custodial responsibility for the person at the time of their death is required to post specified information, including the date on which the death occurred and the decedents age, race, and gender, on its internet website within 10 days of the death. Existing law requires the agency to update the posting within 30 days if any information regarding the death changes.

The bill would require the agency to post this specified information on its internet website when a juvenile who is in custody dies. The bill would require the agency to post the name, if the decedent is an adult, and the date of death according to a medical examiner or similar entity. The bill would define in-custody death for these purposes. By expanding the duties of local agencies, this bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Under existing law, when a person who is in custody dies, the agency with jurisdiction over the state or local correctional facility with custodial responsibility for the person at the time of their death is required to post specified information, including the date on which the death occurred and the decedents age, race, and gender, on its internet website within 10 days of the death. Existing law requires the agency to update the posting within 30 days if any information regarding the death changes.

The bill would require the agency to post this specified information on its internet website when a juvenile who is in custody dies. The bill would require the agency to post the name, if the decedent is an adult, and the date of death according to a medical examiner or similar entity. The bill would define in-custody death for these purposes. By expanding the duties of local agencies, this bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Existing law regulates the hiring of property, including residential tenancies. Existing law prohibits certain actions by a landlord intended to influence a tenant to vacate a dwelling, including, among other prohibited acts, by threatening to disclose information regarding or relating to the tenants immigration or citizenship status.

This bill would make nonsubstantive changes to this provision.

CONCURRENCE IN SENATE AMENDMENTS

CSA1 Bill Id:AB 2531

Author:(Bryan)

As Amended Ver:August 22, 2024

Majority vote

SUMMARY

Clarifies that death-in-custody reporting requirements apply to juveniles who die in custody and defines "in-custody death."

Senate Amendments

1. Modify the definition of "in-custody death" to mean the death of a person who is detained, under arrest, or is in the process of being arrested, is en route to be incarcerated, or is incarcerated at a municipal or county jail, state prison, state-run boot camp prison, boot camp prison that is contracted out by the state, any state or local contract facility, or other local or state correctional facility, including any juvenile facility, as well as any deaths that occur in medical facilities while in law-enforcement custody.
2. Specify that if any of the posted death-in-custody information changes, including the manner and means of death or the date on which the death occurred, once determined by a medical examiner or similar entity, the agency shall update the posting within 30 days of the change.

COMMENTS

As passed by the Assembly, this bill:

1. Clarified that the requirement for agencies with jurisdiction over state or local correctional facilities with custodial responsibility for a person at the time of their death, report specified in-custody death information on the agency's website within 10 days of the date of the death, also applies to juveniles who die in custody.
2. Specified that the date of death that is required to be included in such reporting, is the date of death according to a medical examiner or similar entity.
3. Defined "in-custody death" to have the same meaning as in specified federal law, and which includes the death of a person who is either detained or arrested by an officer, is en route to be incarcerated or detained, or is incarcerated or detained at a correctional facility or pretrial detention facility located within the state.

According to the Author

"AB 2531 is a positive step towards increasing transparency and accountability within California's correctional system. Currently, the framework for reporting in-custody deaths in California is insufficient, leading to inconsistent and incomplete disclosure of critical information to the public. Unanswered questions regarding the accuracy and completeness of reported data further exacerbate concerns about the integrity of the reporting system.

"This bill will improve transparency and accountability by mandating the reporting of deaths of youth in custody, defining in-custody deaths in line with the federal Death In-custody Reporting Act, and clarifying required metrics."

Arguments in Support

According to Justice2Jobs Coalition "Currently California law does require law enforcement agencies to notify the public of deaths that occur in custody. This law (AB 2761) went into effect January 2023, emphasizing the importance of public disclosure of in-custody deaths but implementation challenges surfaced, with inconsistencies observed in reporting practices across counties, resulting in inconsistent, incomplete or non-disclosure of critical information surrounding these deaths. Additionally, AB 2761 only mandated reporting for adult in custody deaths, leaving the number of youth in custody deaths unknown to the public.

"Through an audit conducted by community-based organizations, at least 174 in-custody deaths were publicly reported in 2023 by a Sheriff's Department or local news outlets. Of the deaths, 21 were not reported to the state Attorney General's Office. An additional 19 deaths were reported to the California Attorney General's Office, but were not publicly reported; these were uncovered through a Public Records Act Request. Furthermore, many agencies reported incomplete information: 12 counties did not provide the location of death, 11 did not provide the race of the deceased, and nine (9) did not report the custody status of the deceased. Of all deaths that occurred while in the custody of a Sheriff's department, only 115 deaths across 14 counties were reported in compliance with AB 2761.

"The lack of standardized reporting procedures led to disparities in data collection, hindering comprehensive understanding and accountability. Despite efforts to enforce reporting requirements, gaps remained, raising concerns about the accuracy and completeness of information provided to the public. As communities grapple with the number of deaths and unanswered questions regarding the circumstances of these deaths, [this bill] is a critical step toward enhancing transparency and accountability in California's correctional system.

"[This bill] proposes necessary revisions to the current statute to enhance the reporting requirements for in-custody deaths including mandating the reporting of youth in-custody deaths, clarifying required metrics, and defining in-custody deaths in alignment with the federal Death In-custody Reporting Act."

Arguments in Opposition

None Submitted.

FISCAL COMMENTS

According to the Assembly Appropriations Committee, likely minor and absorbable costs to law enforcement agencies and county probation departments to post the required information upon the death of a juvenile in custody.

VOTES:

ASM PUBLIC SAFETY: 8-0-0

YES: McCarty, Alanis, Lackey, Stephanie Nguyen, Reyes, Ting, Wilson, Zbur

ASM APPROPRIATIONS: 14-0-1

YES: Wicks, Sanchez, Arambula, Bryan, Calderon, Wendy Carrillo, Dixon, Mike Fong, Grayson, Haney, Hart, Pellerin, Ta, Villapudua

ABS, ABST OR NV: Jim Patterson

ASSEMBLY FLOOR: 73-0-7

YES: Addis, Aguiar-Curry, Alanis, Alvarez, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Chen, Connolly, Davies, Dixon, Essayli, Flora, Mike Fong, Vince Fong, Friedman, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Holden, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, McCarty, McKinnor, Muratsuchi, Ortega, Pacheco, Papan, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Rendon, Reyes, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Robert Rivas

ABS, ABST OR NV: Arambula, Cervantes, Megan Dahle, Gabriel, Mathis, Stephanie Nguyen, Luz Rivas

SENATE FLOOR: 39-0-1

YES: Allen, Archuleta, Ashby, Atkins, Becker, Blakespear, Bradford, Caballero, Cortese, Dahle, Dodd, Durazo, Eggman, Glazer, Gonzalez, Grove, Hurtado, Jones, Laird, Limón, McGuire, Menjivar, Min, Newman, Nguyen, Niello, Ochoa Bogh, Padilla, Portantino, Roth, Rubio, Seyarto, Skinner, Smallwood-Cuevas, Stern, Umberg, Wahab, Wiener, Wilk

ABS, ABST OR NV: Alvarado-Gil

SENATE FLOOR: 40-0-0

YES: Allen, Alvarado-Gil, Archuleta, Ashby, Atkins, Becker, Blakespear, Bradford, Caballero, Cortese, Dahle, Dodd, Durazo, Eggman, Glazer, Gonzalez, Grove, Hurtado, Jones, Laird, Limón, McGuire, Menjivar, Min, Newman, Nguyen, Niello, Ochoa Bogh, Padilla, Portantino, Roth, Rubio, Seyarto, Skinner, Smallwood-Cuevas, Stern, Umberg, Wahab, Wiener, Wilk

UPDATED

VERSION: August 22, 2024

CONSULTANT: Ilan Zur / PUB. S. / (916) 319-3744 FN: 0004943

CONCURRENCE IN SENATE AMENDMENTS

CSA1 Bill Id:AB 2531

Author:(Bryan)

As Amended Ver:August 22, 2024

Majority vote

SUMMARY

Clarifies that death-in-custody reporting requirements apply to juveniles who die in custody and defines "in-custody death."

Senate Amendments

1. Modify the definition of "in-custody death" to mean the death of a person who is detained, under arrest, or is in the process of being arrested, is en route to be incarcerated, or is incarcerated at a municipal or county jail, state prison, state-run boot camp prison, boot camp prison that is contracted out by the state, any state or local contract facility, or other local or state correctional facility, including any juvenile facility, as well as any deaths that occur in medical facilities while in law-enforcement custody.
2. Specify that if any of the posted death-in-custody information changes, including the manner and means of death or the date on which the death occurred, once determined by a medical examiner or similar entity, the agency shall update the posting within 30 days of the change.

COMMENTS

As passed by the Assembly, this bill:

1. Clarified that the requirement for agencies with jurisdiction over state or local correctional facilities with custodial responsibility for a person at the time of their death, report specified in-custody death information on the agency's website within 10 days of the date of the death, also applies to juveniles who die in custody.
2. Specified that the date of death that is required to be included in such reporting, is the date of death according to a medical examiner or similar entity.
3. Defined "in-custody death" to have the same meaning as in specified federal law, and which includes the death of a person who is either detained or arrested by an officer, is en route to be incarcerated or detained, or is incarcerated or detained at a correctional facility or pretrial detention facility located within the state.

According to the Author

"AB 2531 is a positive step towards increasing transparency and accountability within California's correctional system. Currently, the framework for reporting in-custody deaths in California is insufficient, leading to inconsistent and incomplete disclosure of critical information to the public. Unanswered questions regarding the accuracy and completeness of reported data further exacerbate concerns about the integrity of the reporting system.

"This bill will improve transparency and accountability by mandating the reporting of deaths of youth in custody, defining in-custody deaths in line with the federal Death In-custody Reporting Act, and clarifying required metrics."

Arguments in Support

According to Justice2Jobs Coalition "Currently California law does require law enforcement agencies to notify the public of deaths that occur in custody. This law (AB 2761) went into effect January 2023, emphasizing the importance of public disclosure of in-custody deaths but implementation challenges surfaced, with inconsistencies observed in reporting practices across counties, resulting in inconsistent, incomplete or non-disclosure of critical information surrounding these deaths. Additionally, AB 2761 only mandated reporting for adult in custody deaths, leaving the number of youth in custody deaths unknown to the public.

"Through an audit conducted by community-based organizations, at least 174 in-custody deaths were publicly reported in 2023 by a Sheriff's Department or local news outlets. Of the deaths, 21 were not reported to the state Attorney General's Office. An additional 19 deaths were reported to the California Attorney General's Office, but were not publicly reported; these were uncovered through a Public Records Act Request. Furthermore, many agencies reported incomplete information: 12 counties did not provide the location of death, 11 did not provide the race of the deceased, and nine (9) did not report the custody status of the deceased. Of all deaths that occurred while in the custody of a Sheriff's department, only 115 deaths across 14 counties were reported in compliance with AB 2761.

"The lack of standardized reporting procedures led to disparities in data collection, hindering comprehensive understanding and accountability. Despite efforts to enforce reporting requirements, gaps remained, raising concerns about the accuracy and completeness of information provided to the public. As communities grapple with the number of deaths and unanswered questions regarding the circumstances of these deaths, [this bill] is a critical step toward enhancing transparency and accountability in California's correctional system.

"[This bill] proposes necessary revisions to the current statute to enhance the reporting requirements for in-custody deaths including mandating the reporting of youth in-custody deaths, clarifying required metrics, and defining in-custody deaths in alignment with the federal Death In-custody Reporting Act."

Arguments in Opposition

None Submitted.

FISCAL COMMENTS

According to the Assembly Appropriations Committee, likely minor and absorbable costs to law enforcement agencies and county probation departments to post the required information upon the death of a juvenile in custody.

VOTES:

ASM PUBLIC SAFETY: 8-0-0

YES: McCarty, Alanis, Lackey, Stephanie Nguyen, Reyes, Ting, Wilson, Zbur

ASM APPROPRIATIONS: 14-0-1

YES: Wicks, Sanchez, Arambula, Bryan, Calderon, Wendy Carrillo, Dixon, Mike Fong, Grayson, Haney, Hart, Pellerin, Ta, Villapudua

ABS, ABST OR NV: Jim Patterson

ASSEMBLY FLOOR: 73-0-7

YES: Addis, Aguiar-Curry, Alanis, Alvarez, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Chen, Connolly, Davies, Dixon, Essayli, Flora, Mike Fong, Vince Fong, Friedman, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Holden, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, McCarty, McKinnor, Muratsuchi, Ortega, Pacheco, Papan, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Rendon, Reyes, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Robert Rivas

ABS, ABST OR NV: Arambula, Cervantes, Megan Dahle, Gabriel, Mathis, Stephanie Nguyen, Luz Rivas

SENATE FLOOR: 40-0-0

YES: Allen, Alvarado-Gil, Archuleta, Ashby, Atkins, Becker, Blakespear, Bradford, Caballero, Cortese, Dahle, Dodd, Durazo, Eggman, Glazer, Gonzalez, Grove, Hurtado, Jones, Laird, Limón, McGuire, Menjivar, Min, Newman, Nguyen, Niello, Ochoa Bogh, Padilla, Portantino, Roth, Rubio, Seyarto, Skinner, Smallwood-Cuevas, Stern, Umberg, Wahab, Wiener, Wilk

UPDATED

VERSION: August 22, 2024

CONSULTANT: Ilan Zur / PUB. S. / (916) 319-3744 FN: 0004943

 THIRD READING  

Bill No: AB 2531

Author: Bryan (D)

Amended: 8/22/24 in Senate

Vote: 21

PRIOR SENATE FLOOR VOTES NOT RELEVANT

SENATE PUBLIC SAFETY COMMITTEE: 5-0, 6/11/24

AYES: Wahab, Seyarto, Bradford, Skinner, Wiener

SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8

ASSEMBLY FLOOR: 73-0, 5/20/24 - See last page for vote

SUBJECT: Deaths while in law enforcement custody: reporting

SOURCE: Justice2jobs Coalition

Racial Justice Coalition of San Diego

DIGEST:

This bill adds the definition of “in-custody death,” as used in federal law, to a state statute requiring agencies to post on their website when an in-custody death occurs, and to clarify that juveniles must be included in the posting requirement.

Senate Floor Amendments of 8/22/24 clarify that the posting should be updated if the date of an in-custody death changes once determined by a medical examiner or similar entity. Also to refine the definition of “in-custody death”.

ANALYSIS:

Existing law:

1. Provides the public access to meetings of public bodies and the writings of public officials and agencies. (California Constitution Art. I Sec. 3 (b)(7).)
2. Provides that if a person dies while in the custody of any law enforcement agency or while in custody in a local or state correctional facility in California, the law enforcement agency or the agency in charge of the correctional facility shall report in writing to the DOJ, within 10 days after the death, all facts in the possession of the law enforcement agency or agency in charge of the correctional facility concerning the death. (Gov. Code, § 12525.)
3. Provides that such in-custody death reports are public records within the meaning of the California Public Records Act and are open to public inspection. (Gov. Code, § 12525.)
4. Defines “public records” as any writing containing information relating to the conduct of the public’s business prepared, owned, used, or retained by any state or local agency regardless of physical form or characteristics. (Gov. Code § 7920.530)
5. Asserts that public records are open to inspection at all times during the office ours of state and local agencies and that every person has the right to inspect them, exempted as otherwise provided. (Gov. Code § 7922.525 (a).)
6. Allows public agencies to also comply with Government Code Section 7922.525 by posting any public record on its internet website and directing public requests to its website. (Gov. Code § 7922.545.)
7. Provides that when a person in custody dies, the agency with jurisdiction over the state or local correctional facility with custodial responsibility for the person at the time of their death, shall post the following information on its website for the public to view within 10 days of the date of death:
   1. The full name of the agency with custodial responsibility at the time of death;
   2. The county in which the death occurred;
   3. The facility in which the death occurred, and the location within that facility where the death occurred;
   4. The race, gender, and age of the decedent;
   5. The date on which the death occurred;
   6. The custodial status of the decedent, including, but not limited to, whether the person was awaiting arraignment, awaiting trial, or incarcerated; and
   7. The manner and means of death. (Pen. Code, § 10008, subds. (a) & (b).)
8. Does not permit the public disclosure of confidential medical information that may be submitted to the Attorney General as part of the report detailing the death of the person in custody. (Gov. Code, § 12525 (c).)
9. Requires states receiving funds from the Edward Byrne Memorial Justice Assistant Grant Program and other specified grant programs to report to the U.S. Attorney General on a quarterly basis information regarding the death of any person who is detained, under arrest, in the process of being arrested, is en route to be incarcerated, or is incarcerated at a municipal or county jail, state prison, state-run boot camp prison, boot camp prison that is contracted out by the state, any state or local contract facility, or other local or State correctional facility (including any juvenile facility). This information must include:
10. The name, gender, race, ethnicity, and age of the deceased;
11. The date, time, and location of death;
12. The law enforcement agency that detained, arrested, or was in the process of arresting the deceased; and
13. A brief description of the circumstances surrounding the death. (34 U.S.C. § 60105, subs. (a) & (b).)
14. Requires administrators of juvenile facilities to develop written policies and procedures in the event a youth dies while detained, including notifications to necessary parties, which may include the Juvenile Court, the parent, guardian, or person standing in loco parentis, and the youth’s attorney of record. (Cal. Code Regs., tit. 15, § 1341, subd. (1)(a).)
15. Requires health administrators of juvenile facilities to develop written policies and procedures to assure there is medical and operational review of every in-custody death of a youth. (Cal. Code Regs., tit. 15, § 1341, sub.d (1)(c).)
16. Requires the administrator of juvenile facilities to provide to the Board of State and Community Corrections (BSCC) a copy of the report submitted to the DOJ within 10 calendar days after the death. (Cal. Code Regs., tit. 15, § 1341, subd. (1)(c).)

This bill:

1. Clarifies that juveniles must also be included in the agency’s posting requirement.
2. Requires the date of death be determined by the medical examiner or similar entity.
3. Defines “in-custody death” as the death of a person who is detained, under arrest, or is in the process of being arrested, is en route to be incarcerated, or is incarcerated at a municipal or county jail, state prison, state-run boot camp prison, boot camp prison that is contracted out by the state, any state or local contract facility, or other local or state correctional facility, including any juvenile facility. Includes deaths that occur in medical facilities as a result of harm experienced while in law-enforcement custody.

Background

California’s High Jail Death Rate. Between 2006 and 2020, 185 people died in San Diego County jails – one of the highest totals among counties in the State. In February 2022, the State Auditor’s Office released the results of an audit of the San Diego County Sheriff’s Department – which oversees the jails – to determine the reasons for in-custody deaths and identify the steps the department took to address the deaths. The 126-page audit reached two overarching conclusions: (1) The San Diego County Sheriff’s Department did not take sufficient steps to prevent the high number of deaths in its jails; and (2) neither the Sheriff’s Department no the Citizens Law Enforcement Review Board (CLERB), a citizen-governed board responsible for reviewing complaints of misconduct and investigating deaths connected to the actions the Sheriff’s Department or Probation Department, has taken adequate action in response to the deaths of incarcerated individuals ( “San Diego County Sheriff’s Department – It Has Failed to Adequately Prevent and Respond to the Deaths of Individuals in Its Custody” California State Auditor, February 3, 2022). The audit also cited issues with legislation that allowed the Sheriff’s Department to not ensure inmate safety, implying that similar problems may exist statewide. The report claimed that deficiencies within the Sherriff’s Department are a result of “statewide corrections standards that are insufficient for maintaining the safety of incarcerated individuals” (California State Auditor’s Office, 2022). Since 2005, over 2,700 people have died while under the custody of California county jails (OpenJustice Data. OpenJustice, California Department of Justice), and despite jail populations being lower, deaths have reached record rates in the past few years.

Coverage surrounding jail deaths has also increased with many news outlets covering the rise of deaths and lack of sufficient action by the legislature. A recent CalMatters article (California jails are holding thousands fewer people, but far more are dying in them. Calmatters, 2024) analyzed how despite jail populations decreasing, jail deaths continue to remain at high levels. Past reporting by McClatchy and ProPublica (California's Jails Are in a Deadly Crisis. Here’s How Experts Suggest Fixing Them. ProPublica. January 6, 2020) revealed how state inspections of jails documented many violations but faced resistance from sheriffs who disagreed with the state’s findings.

While there has been a significant increase in in-custody deaths in county jails more generally, it is less clear if there has also been an increase in in-custody deaths in juvenile detention facilities.

Definition of In-Custody Death. Amendments taken by the author changed the bill’s definition of an “in-custody death” to match the definition provided by the Death In-Custody Reporting Act of 2013 (34 U.S. Code § 60105 subd. (a)). This federal act mandates states to report in-custody death information to the U.S. Department of Justice on a quarterly basis to remain eligible to receive funds from the Edward Byrne Memorial Justice Assistant Grant Program and other specified grant programs. The law requires California’s DOJ to report the name, gender, race, ethnicity, and age of the deceased; the date, time, and location of death; the law enforcement agency that detained, arrested, or was in the process of arresting the deceased; and a brief description of the circumstances surrounding the death. By adopting this definition of “in-custody death”, this bill clarifies and expands the existing in-custody death reporting requirement to include deaths that occur not just when a person is “in custody” but persons who are detained, under arrest, or in the process of being arrested. This bill creates uniformity between state and federal law surrounding in-custody deaths.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes

SUPPORT: (Verified 8/14/24)

Justice2jobs Coalition (co-source)
Racial Justice Coalition of San Diego (co-source)

ACLU California Action
California Immigrant Policy Center
California Public Defenders Association
Californians United for A Responsible Budget
Carceral Ecologies
Care First Kern
Initiate Justice
Vera Institute of Justice

OPPOSITION: (Verified 8/14/24)

None received

ARGUMENTS IN SUPPORT: According to Justice2jobs Coalition:

Currently California law does require law enforcement agencies to notify the public of deaths that occur in custody. This law (AB 2761) went into effect January 2023, emphasizing the importance of public disclosure of in-custody deaths but implementation challenges surfaced, with inconsistencies observed in reporting practices across counties, resulting in inconsistent, incomplete or non-disclosure of critical information surrounding these deaths. Additionally, AB 2761 only mandated reporting for adult in custody deaths, leaving the number of youth in custody deaths unknown to the public.

Through an audit conducted by community-based organizations, at least 174 in-custody deaths were publicly reported in 2023 by a Sheriff’s Department or local news outlets. Of the deaths, 21 were not reported to the state Attorney General’s Office. An additional 19 deaths were reported to the California Attorney General’s Office, but were not publicly reported; these were uncovered through a Public Records Act Request. Furthermore, many agencies reported incomplete information: 12 counties did not provide the location of death, 11 did not provide the race of the deceased, and nine (9) did not report the custody status of the deceased. Of all deaths that occurred while in the custody of a Sheriff’s department, only 115 deaths across 14 counties were reported in compliance with AB 2761.

The lack of standardized reporting procedures led to disparities in data collection, hindering comprehensive understanding and accountability. Despite efforts to enforce reporting requirements, gaps remained, raising concerns about the accuracy and completeness of information provided to the public. As communities grapple with the number of deaths and unanswered questions regarding the circumstances of these deaths, AB 2531 is a critical step toward enhancing transparency and accountability in California's correctional system.

AB 2531 proposes necessary revisions to the current statute to enhance the reporting requirements for in-custody deaths including mandating the reporting of youth in-custody deaths, clarifying required metrics, and defining in-custody deaths in alignment with the federal Death In-custody Reporting Act.

ASSEMBLY FLOOR: 73-0, 5/20/24

AYES: Addis, Aguiar-Curry, Alanis, Alvarez, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Chen, Connolly, Davies, Dixon, Essayli, Flora, Mike Fong, Vince Fong, Friedman, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Holden, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, McCarty, McKinnor, Muratsuchi, Ortega, Pacheco, Papan, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Rendon, Reyes, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Robert Rivas

NO VOTE RECORDED: Arambula, Cervantes, Megan Dahle, Gabriel, Mathis, Stephanie Nguyen, Luz Rivas

Prepared by: John Duncan / PUB. S. /

8/23/24 21:36:28

**** END ****

CONCURRENCE IN SENATE AMENDMENTS

CSA1 Bill Id:AB 2531

Author:(Bryan)

As Amended Ver:May 30, 2024

Majority vote

SUMMARY

Clarifies that death-in-custody reporting requirements apply to juveniles who die in custody and defines "in-custody death."

Senate Amendments

Modify the definition of in-custody death to mean the death of a person who is detained, under arrest, or is in the process of being arrested, is en route to be incarcerated, or is incarcerated at a municipal or county jail, state prison, state-run boot camp prison, boot camp prison that is contracted out by the state, any state or local contract facility, or other local or state correctional facility, including any juvenile facility, as well as any deaths that occur in medical facilities as a result of harm experienced while in law-enforcement custody.

COMMENTS

As passed by the Assembly, this bill:

1. Clarified that the requirement for agencies with jurisdiction over state or local correctional facilities with custodial responsibility for a person at the time of their death, report specified in-custody death information on the agency's website within 10 days of the date of the death, also applies to juveniles who die in custody.
2. Specified that the date of death that is required to be included in such reporting, is the date of death according to a medical examiner or similar entity.
3. Defined "in-custody death" to have the same meaning as in specified federal law, and which includes the death of a person who is either detained or arrested by an officer, is en route to be incarcerated or detained, or is incarcerated or detained at a correctional facility or pretrial detention facility located within the state.

According to the Author

"AB 2531 is a positive step towards increasing transparency and accountability within California's correctional system. Currently, the framework for reporting in-custody deaths in California is insufficient, leading to inconsistent and incomplete disclosure of critical information to the public. Unanswered questions regarding the accuracy and completeness of reported data further exacerbate concerns about the integrity of the reporting system.

"This bill will improve transparency and accountability by mandating the reporting of deaths of youth in custody, defining in-custody deaths in line with the federal Death In-custody Reporting Act, and clarifying required metrics."

Arguments in Support

According to Justice2Jobs Coalition "Currently California law does require law enforcement agencies to notify the public of deaths that occur in custody. This law (AB 2761)[(McCarty) Chapter 802, Statutes of 2022] went into effect January 2023, emphasizing the importance of public disclosure of in-custody deaths but implementation challenges surfaced, with inconsistencies observed in reporting practices across counties, resulting in inconsistent, incomplete or non-disclosure of critical information surrounding these deaths. Additionally, AB 2761 only mandated reporting for adult in custody deaths, leaving the number of youth in custody deaths unknown to the public.

"Through an audit conducted by community-based organizations, at least 174 in-custody deaths were publicly reported in 2023 by a Sheriff's Department or local news outlets. Of the deaths, 21 were not reported to the state Attorney General's Office. An additional 19 deaths were reported to the California Attorney General's Office, but were not publicly reported; these were uncovered through a Public Records Act Request. Furthermore, many agencies reported incomplete information: 12 counties did not provide the location of death, 11 did not provide the race of the deceased, and nine (9) did not report the custody status of the deceased. Of all deaths that occurred while in the custody of a Sheriff's department, only 115 deaths across 14 counties were reported in compliance with AB 2761.

"The lack of standardized reporting procedures led to disparities in data collection, hindering comprehensive understanding and accountability. Despite efforts to enforce reporting requirements, gaps remained, raising concerns about the accuracy and completeness of information provided to the public. As communities grapple with the number of deaths and unanswered questions regarding the circumstances of these deaths, [this bill] is a critical step toward enhancing transparency and accountability in California's correctional system.

"[This bill] proposes necessary revisions to the current statute to enhance the reporting requirements for in-custody deaths including mandating the reporting of youth in-custody deaths, clarifying required metrics, and defining in-custody deaths in alignment with the federal Death In-custody Reporting Act."

Arguments in Opposition

None Submitted.

FISCAL COMMENTS

According to the Assembly Appropriations Committee, likely minor and absorbable costs to law enforcement agencies and county probation departments to post the required information upon the death of a juvenile in custody.

VOTES:

ASM PUBLIC SAFETY: 8-0-0

YES: McCarty, Alanis, Lackey, Stephanie Nguyen, Reyes, Ting, Wilson, Zbur

ASM APPROPRIATIONS: 14-0-1

YES: Wicks, Sanchez, Arambula, Bryan, Calderon, Wendy Carrillo, Dixon, Mike Fong, Grayson, Haney, Hart, Pellerin, Ta, Villapudua

ABS, ABST OR NV: Jim Patterson

ASSEMBLY FLOOR: 73-0-7

YES: Addis, Aguiar-Curry, Alanis, Alvarez, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Chen, Connolly, Davies, Dixon, Essayli, Flora, Mike Fong, Vince Fong, Friedman, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Holden, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, McCarty, McKinnor, Muratsuchi, Ortega, Pacheco, Papan, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Rendon, Reyes, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Robert Rivas

ABS, ABST OR NV: Arambula, Cervantes, Megan Dahle, Gabriel, Mathis, Stephanie Nguyen, Luz Rivas

SENATE FLOOR: 40-0-0

YES: Allen, Alvarado-Gil, Archuleta, Ashby, Atkins, Becker, Blakespear, Bradford, Caballero, Cortese, Dahle, Dodd, Durazo, Eggman, Glazer, Gonzalez, Grove, Hurtado, Jones, Laird, Limón, McGuire, Menjivar, Min, Newman, Nguyen, Niello, Ochoa Bogh, Padilla, Portantino, Roth, Rubio, Seyarto, Skinner, Smallwood-Cuevas, Stern, Umberg, Wahab, Wiener, Wilk

UPDATED

VERSION: May 30, 2024

CONSULTANT: Ilan Zur / PUB. S. / (916) 319-3744 FN: 0003664

 CONSENT  

Bill No: AB 2531

Author: Bryan (D)

Amended: 5/30/24 in Senate

Vote: 21

SENATE PUBLIC SAFETY COMMITTEE: 5-0, 6/11/24

AYES: Wahab, Seyarto, Bradford, Skinner, Wiener

SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8

ASSEMBLY FLOOR: 73-0, 5/20/24 - See last page for vote

SUBJECT: Deaths while in law enforcement custody: reporting

SOURCE: Justice2jobs Coalition

Racial Justice Coalition of San Diego

DIGEST:

This bill adds the definition of “in-custody death,” as used in federal law, to a state statute requiring agencies to post on their website when an in-custody death occurs, and to clarify that juveniles must be included in the posting requirement.

ANALYSIS:

Existing law:

1. Provides the public access to meetings of public bodies and the writings of public officials and agencies. (California Constitution Art. I Sec. 3 (b)(7).)
2. Provides that if a person dies while in the custody of any law enforcement agency or while in custody in a local or state correctional facility in California, the law enforcement agency or the agency in charge of the correctional facility shall report in writing to the DOJ, within 10 days after the death, all facts in the possession of the law enforcement agency or agency in charge of the correctional facility concerning the death. (Gov. Code, § 12525.)
3. Provides that such in-custody death reports are public records within the meaning of the California Public Records Act and are open to public inspection. (Gov. Code, § 12525.)
4. Defines “public records” as any writing containing information relating to the conduct of the public’s business prepared, owned, used, or retained by any state or local agency regardless of physical form or characteristics. (Gov. Code § 7920.530)
5. Asserts that public records are open to inspection at all times during the office ours of state and local agencies and that every person has the right to inspect them, exempted as otherwise provided. (Gov. Code § 7922.525 (a).)
6. Allows public agencies to also comply with Gov. Code § 7922.525 by posting any public record on its internet website and directing public requests to its website. (Gov. Code § 7922.545.)
7. Provides that when a person in custody dies, the agency with jurisdiction over the state or local correctional facility with custodial responsibility for the person at the time of their death, shall post the following information on its website for the public to view within 10 days of the date of death:
   1. The full name of the agency with custodial responsibility at the time of death;
   2. The county in which the death occurred;
   3. The facility in which the death occurred, and the location within that facility where the death occurred;
   4. The race, gender, and age of the decedent;
   5. The date on which the death occurred;
   6. The custodial status of the decedent, including, but not limited to, whether the person was awaiting arraignment, awaiting trial, or incarcerated; and
   7. The manner and means of death. (Pen. Code, § 10008, subds. (a) & (b).)
8. Does not permit the public disclosure of confidential medical information that may be submitted to the Attorney General as part of the report detailing the death of the person in custody. (Gov. Code, § 12525 (c).)
9. Requires states receiving funds from the Edward Byrne Memorial Justice Assistant Grant Program and other specified grant programs to report to the U.S. Attorney General on a quarterly basis information regarding the death of any person who is detained, under arrest, in the process of being arrested, is en route to be incarcerated, or is incarcerated at a municipal or county jail, state prison, state-run boot camp prison, boot camp prison that is contracted out by the state, any state or local contract facility, or other local or State correctional facility (including any juvenile facility). This information must include:
10. The name, gender, race, ethnicity, and age of the deceased;
11. The date, time, and location of death;
12. The law enforcement agency that detained, arrested, or was in the process of arresting the deceased; and
13. A brief description of the circumstances surrounding the death. (34 U.S.C. § 60105, subs. (a) & (b).)
14. Requires administrators of juvenile facilities to develop written policies and procedures in the event a youth dies while detained, including notifications to necessary parties, which may include the Juvenile Court, the parent, guardian, or person standing in loco parentis, and the youth’s attorney of record. (Cal. Code Regs., tit. 15, § 1341, subd. (1)(a).)
15. Requires health administrators of juvenile facilities to develop written policies and procedures to assure there is medical and operational review of every in-custody death of a youth. (Cal. Code Regs., tit. 15, § 1341, sub.d (1)(c).)
16. Requires the administrator of juvenile facilities to provide to the Board of State and Community Corrections (BSCC) a copy of the report submitted to the DOJ within 10 calendar days after the death. (Cal. Code Regs., tit. 15, § 1341, subd. (1)(c).)

This bill:

1. Clarifies that juveniles must also be included in the agency’s posting requirement.
2. Requires the date of death be determined by the medical examiner or similar entity.
3. Defines “in-custody death” as the death of a person who is detained, under arrest, or is in the process of being arrested, is en route to be incarcerated, or is incarcerated at a municipal or county jail, state prison, state-run boot camp prison, boot camp prison that is contracted out by the state, any state or local contract facility, or other local or state correctional facility, including any juvenile facility. Would also include deaths that occur in medical facilities as a result of harm experienced while in law-enforcement custody.

Background

California’s High Jail Death Rate. Between 2006 and 2020, 185 people died in San Diego County jails – one of the highest totals among counties in the State. In February 2022, the State Auditor’s Office released the results of an audit of the San Diego County Sheriff’s Department – which oversees the jails – to determine the reasons for in-custody deaths and identify the steps the department took to address the deaths. The 126-page audit reached two overarching conclusions: (1) The San Diego County Sheriff’s Department did not take sufficient steps to prevent the high number of deaths in its jails, and (2) neither the Sheriff’s Department no the Citizens Law Enforcement Review Board (CLERB), a citizen-governed board responsible for reviewing complaints of misconduct and investigating deaths connected to the actions the Sheriff’s Department or Probation Department, has taken adequate action in response to the deaths of incarcerated individuals ( “San Diego County Sheriff’s Department – It Has Failed to Adequately Prevent and Respond to the Deaths of Individuals in Its Custody” California State Auditor, February 3, 2022). The audit also cited issues with legislation that allowed the Sheriff’s Department to not ensure inmate safety, implying that similar problems may exist statewide. The report claimed that deficiencies within the Sherriff’s Department are a result of “statewide corrections standards that are insufficient for maintaining the safety of incarcerated individuals” (California State Auditor’s Office, 2022). Since 2005, over 2,700 people have died while under the custody of California county jails (OpenJustice Data. OpenJustice, California Department of Justice), and despite jail populations being lower, deaths have reached record rates in the past few years.

Coverage surrounding jail deaths has also increased with many news outlets covering the rise of deaths and lack of sufficient action by the legislature. A recent CalMatters article (California jails are holding thousands fewer people, but far more are dying in them. Calmatters, 2024) analyzed how despite jail populations decreasing, jail deaths continue to remain at high levels. Past reporting by McClatchy and ProPublica (California's Jails Are in a Deadly Crisis. Here’s How Experts Suggest Fixing Them. ProPublica. January 6, 2020) revealed how state inspections of jails documented many violations but faced resistance from sheriffs who disagreed with the state’s findings.

While there has been a significant increase in in-custody deaths in county jails more generally, it is less clear if there has also been an increase in in-custody deaths in juvenile detention facilities.

Definition of In-Custody Death. Amendments taken by the author changed the bill’s definition of an “in-custody death” to match the definition provided by the Death In-Custody Reporting Act of 2013 (34 U.S. Code § 60105 subd. (a)). This federal act mandates states to report in-custody death information to the U.S. Department of Justice on a quarterly basis to remain eligible to receive funds from the Edward Byrne Memorial Justice Assistant Grant Program and other specified grant programs. The law requires California’s DOJ to report the name, gender, race, ethnicity, and age of the deceased; the date, time, and location of death; the law enforcement agency that detained, arrested, or was in the process of arresting the deceased; and a brief description of the circumstances surrounding the death. By adopting this definition of “in-custody death”, AB 2531 clarifies and expands the existing in-custody death reporting requirement to include deaths that occur not just when a person is “in custody” but persons who are detained, under arrest, or in the process of being arrested. This bill would create uniformity between state and federal law surrounding in-custody deaths.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes

SUPPORT: (Verified 6/21/24)

Justice2jobs Coalition (co-source)
Racial Justice Coalition of San Diego (co-source)

ACLU California Action
California Immigrant Policy Center
California Public Defenders Association
Californians United for A Responsible Budget
Carceral Ecologies
Care First Kern
Initiate Justice
Vera Institute of Justice

OPPOSITION: (Verified 6/21/24)

None received

ARGUMENTS IN SUPPORT:

According to Justice2jobs Coalition:

Currently California law does require law enforcement agencies to notify the public of deaths that occur in custody. This law (AB 2761) went into effect January 2023, emphasizing the importance of public disclosure of in-custody deaths but implementation challenges surfaced, with inconsistencies observed in reporting practices across counties, resulting in inconsistent, incomplete or non-disclosure of critical information surrounding these deaths. Additionally, AB 2761 only mandated reporting for adult in custody deaths, leaving the number of youth in custody deaths unknown to the public.

Through an audit conducted by community-based organizations, at least 174 in-custody deaths were publicly reported in 2023 by a Sheriff’s Department or local news outlets. Of the deaths, 21 were not reported to the state Attorney General’s Office. An additional 19 deaths were reported to the California Attorney General’s Office, but were not publicly reported; these were uncovered through a Public Records Act Request. Furthermore, many agencies reported incomplete information: 12 counties did not provide the location of death, 11 did not provide the race of the deceased, and nine (9) did not report the custody status of the deceased. Of all deaths that occurred while in the custody of a Sheriff’s department, only 115 deaths across 14 counties were reported in compliance with AB 2761.

The lack of standardized reporting procedures led to disparities in data collection, hindering comprehensive understanding and accountability. Despite efforts to enforce reporting requirements, gaps remained, raising concerns about the accuracy and completeness of information provided to the public. As communities grapple with the number of deaths and unanswered questions regarding the circumstances of these deaths, AB 2531 is a critical step toward enhancing transparency and accountability in California's correctional system.

AB 2531 proposes necessary revisions to the current statute to enhance the reporting requirements for in-custody deaths including mandating the reporting of youth in-custody deaths, clarifying required metrics, and defining in-custody deaths in alignment with the federal Death In-custody Reporting Act.

ASSEMBLY FLOOR: 73-0, 5/20/24

AYES: Addis, Aguiar-Curry, Alanis, Alvarez, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Chen, Connolly, Davies, Dixon, Essayli, Flora, Mike Fong, Vince Fong, Friedman, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Holden, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, McCarty, McKinnor, Muratsuchi, Ortega, Pacheco, Papan, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Rendon, Reyes, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Robert Rivas

NO VOTE RECORDED: Arambula, Cervantes, Megan Dahle, Gabriel, Mathis, Stephanie Nguyen, Luz Rivas

Prepared by: John Duncan / PUB. S. /

6/25/24 13:08:29

**** END ****

SENATE COMMITTEE ON PUBLIC SAFETY

Senator Aisha Wahab, Chair

2023 - 2024 Regular

Bill No: AB 2531 Hearing Date: June 11, 2024

Subject: Deaths while in law enforcement custody: reporting

HISTORY

Source: Justice2jobs Coalition and Racial Justice Coalition of San Diego

Prior Legislation: AB 2761 (McCarty), Chapter 802, Statutes of 2022

SB 519 (Atkins), Chapter 306, Statutes of 2023

Support: ACLU California Action; California Immigrant Policy Center; California Public; Defenders Association; Californians United for A Responsible Budget; Carceral Ecologies; Care First Kern; Justice2jobs Coalition; Racial Justice Coalition of San Diego; Vera Institute of Justice

Opposition: None known

Assembly Floor Vote: 73 - 0

PURPOSE

The purpose of this bill is to add the definition of “in-custody death,” as used in federal law, to a state statute requiring agencies to post on their website when an in-custody death occurs, and to clarify that juveniles must be included in the posting requirement.

Existing law provides the public access to meetings of public bodies and the writings of public officials and agencies. (California Constitution Art. I Sec. 3 (b)(7).)

Existing law provides that if a person dies while in the custody of any law enforcement agency or while in custody in a local or state correctional facility in California, the law enforcement agency or the agency in charge of the correctional facility shall report in writing to the DOJ, within 10 days after the death, all facts in the possession of the law enforcement agency or agency in charge of the correctional facility concerning the death. (Gov. Code, § 12525.)

Existing law provides that such in-custody death reports are public records within the meaning of the California Public Records Act and are open to public inspection. (Gov. Code, § 12525.)

Existing law defines “public records” as any writing containing information relating to the conduct of the public’s business prepared, owned, used, or retained by any state or local agency regardless of physical form or characteristics. (Gov. Code § 7920.530)

Existing law asserts that public records are open to inspection at all times during the office ours of state and local agencies and that every person has the right to inspect them, exempted as otherwise provided. (Gov. Code § 7922.525 (a).)

Existing law allows public agencies to also comply with Gov. Code § 7922.525 by posting any public record on its internet website and directing public requests to its website. (Gov. Code § 7922.545.)

Existing law provides that when a person in custody dies, the agency with jurisdiction over the state or local correctional facility with custodial responsibility for the person at the time of their death, shall post the following information on its website for the public to view within 10 days of the date of death.

• The full name of the agency with custodial responsibility at the time of death;
• The county in which the death occurred;
• The facility in which the death occurred, and the location within that facility where the death occurred;
• The race, gender, and age of the decedent;
• The date on which the death occurred;
• The custodial status of the decedent, including, but not limited to, whether the person was awaiting arraignment, awaiting trial, or incarcerated; and
• The manner and means of death. (Pen. Code, § 10008, subds. (a) & (b).)

Existing law does not permit the public disclosure of confidential medical information that may be submitted to the Attorney General as part of the report detailing the death of the person in custody. (Gov. Code, § 12525 (c).)

Existing law requires states receiving funds from the Edward Byrne Memorial Justice Assistant Grant Program and other specified grant programs to report to the U.S. Attorney General on a quarterly basis information regarding the death of any person who is detained, under arrest, in the process of being arrested, is en route to be incarcerated, or is incarcerated at a municipal or county jail, state prison, state-run boot camp prison, boot camp prison that is contracted out by the state, any state or local contract facility, or other local or State correctional facility (including any juvenile facility). This information must include:

• The name, gender, race, ethnicity, and age of the deceased;
• The date, time, and location of death;
• The law enforcement agency that detained, arrested, or was in the process of arresting the deceased; and
• A brief description of the circumstances surrounding the death. (34 U.S.C. § 60105, subs. (a) & (b).)

Existing law requires administrators of juvenile facilities to develop written policies and procedures in the event a youth dies while detained, including notifications to necessary parties, which may include the Juvenile Court, the parent, guardian, or person standing in loco parentis, and the youth’s attorney of record. (Cal. Code Regs., tit. 15, § 1341, subd. (1)(a).)

Existing law requires health administrators of juvenile facilities to develop written policies and procedures to assure there is medical and operational review of every in-custody death of a youth. (Cal. Code Regs., tit. 15, § 1341, sub.d (1)(c).)

Existing law requires the administrator of juvenile facilities to provide to the Board of State and Community Corrections (BSCC) a copy of the report submitted to the DOJ within 10 calendar days after the death. (Cal. Code Regs., tit. 15, § 1341, subd. (1)(c).)

This bill clarifies that juveniles must also be included in the agency’s posting requirement.

This bill requires the date of death be determined by the medical examiner or similar entity.

This bill defines “in-custody death” as the death of a person who is detained, under arrest, or is in the process of being arrested, is en route to be incarcerated, or is incarcerated at a municipal or county jail, state prison, state-run boot camp prison, boot camp prison that is contracted out by the state, any state or local contract facility, or other local or state correctional facility, including any juvenile facility. Would also include deaths that occur in medical facilities as a result of harm experienced while in law-enforcement custody.

COMMENTS

1. Need for This Bill

According to the Author:

AB 2531 is a positive step towards increasing transparency and accountability within California's correctional system. Currently, the framework for reporting in-custody deaths in California is insufficient, leading to inconsistent and incomplete disclosure of critical information to the public. Unanswered questions regarding the accuracy and completeness of reported data further exacerbate concerns about the integrity of the reporting system.

This bill will improve transparency and accountability by mandating the reporting of deaths of youth in custody, defining in-custody deaths in line with the federal Death In-custody Reporting Act, and clarifying required metrics

1. California’s High Jail Death Rate

Between 2006 and 2020, 185 people died in San Diego County jails – one of the highest totals among counties in the State. In February 2022, the State Auditor’s Office released the results of an audit of the San Diego County Sheriff’s Department – which oversees the jails – to determine the reasons for in-custody deaths and identify the steps the department took to address the deaths. The 126-page audit reached two overarching conclusions: 1) The San Diego County Sheriff’s Department did not take sufficient steps to prevent the high number of deaths in its jails, and 2)

neither the Sheriff’s Department no the Citizens Law Enforcement Review Board (CLERB)^[1] has taken adequate action in response to the deaths of incarcerated individuals.^[2] The audit also cited issues with legislation that allowed the Sheriff’s Department to not ensure inmate safety, implying that similar problems may exist statewide. The report claimed that deficiencies within the Sherriff’s Department are a result of “statewide corrections standards that are insufficient for maintaining the safety of incarcerated individuals”^[3] (California State Auditor’s Office 2022). Since 2005, over 2,700 people have died while under the custody of California county jails^[4], and despite jail populations being lower, deaths have reached record rates in the past few years.

Coverage surrounding jail deaths has also increased with many news outlets covering the rise of deaths and lack of sufficient action by the legislature. A recent CalMatters article^[5] analyzed how despite jail populations decreasing, jail deaths continue to remain at high levels. Past reporting by McClatchy and ProPublica^[6] revealed how state inspections of jails documented many violations but faced resistance from sheriffs who disagreed with the state’s findings.

While there has been a significant increase in in-custody deaths in county jails more generally, it is less clear if there has also been an increase in in-custody deaths in juvenile detention facilities.

1. Definition of In-Custody Death

Recent amendments taken by the author changed the bill’s definition of an “in-custody death” to match the definition provided by the Death In-Custody Reporting Act of 2013 (34 U.S. Code § 60105 subd. (a)). This federal act mandates states to report in-custody death information to the U.S. Department of Justice on a quarterly basis to remain eligible to receive funds from the Edward Byrne Memorial Justice Assistant Grant Program and other specified grant programs. The law requires California’s DOJ to report the name, gender, race, ethnicity, and age of the deceased; the date, time, and location of death; the law enforcement agency that detained, arrested, or was in the process of arresting the deceased; and a brief description of the circumstances surrounding the death. By adopting this definition of “in-custody death”, AB 2531 clarifies and expands the existing in-custody death reporting requirement to include deaths that occur not just when a person is “in custody” but persons who are detained, under arrest, or in the process of being arrested. This bill would create uniformity between state and federal law surrounding in-custody deaths.

1. Argument in Support

According to Justice2jobs Coalition:

Currently California law does require law enforcement agencies to notify the public of deaths that occur in custody. This law (AB 2761) went into effect January 2023, emphasizing the importance of public disclosure of in-custody deaths but implementation challenges surfaced, with inconsistencies observed in reporting practices across counties, resulting in inconsistent, incomplete or non-disclosure of critical information surrounding these deaths. Additionally, AB 2761 only mandated reporting for adult in custody deaths, leaving the number of youth in custody deaths unknown to the public.

Through an audit conducted by community-based organizations, at least 174 in-custody deaths were publicly reported in 2023 by a Sheriff’s Department or local news outlets. Of the deaths, 21 were not reported to the state Attorney General’s Office. An additional 19 deaths were reported to the California Attorney General’s Office, but were not publicly reported; these were uncovered through a Public Records Act Request. Furthermore, many agencies reported incomplete information: 12 counties did not provide the location of death, 11 did not provide the race of the deceased, and nine (9) did not report the custody status of the deceased. Of all deaths that occurred while in the custody of a Sheriff’s department, only 115 deaths across 14 counties were reported in compliance with AB 2761.

The lack of standardized reporting procedures led to disparities in data collection, hindering comprehensive understanding and accountability. Despite efforts to enforce reporting requirements, gaps remained, raising concerns about the accuracy and completeness of information provided to the public. As communities grapple with the number of deaths and unanswered questions regarding the circumstances of these deaths, AB 2531 is a critical step toward enhancing transparency and accountability in California's correctional system.

AB 2531 proposes necessary revisions to the current statute to enhance the reporting requirements for in-custody deaths including mandating the reporting of youth in-custody deaths, clarifying required metrics, and defining in-custody deaths in alignment with the federal Death In-custody Reporting Act.

-- END –

1. CLERB is a citizen-governed board approved by San Diego County voters in 1990 which is responsible for reviewing complaints of misconduct and investigating deaths arising in connection with the actions of officers employed by the Sheriff’s Department or Probation Department. ↑

2. “San Diego County Sheriff’s Department – It Has Failed to Adequately Prevent and Respond to the Deaths of Individuals in Its Custody.” California State Auditor, Report 2021-109. 3 February 2022. http://www.auditor.ca.gov/reports/2021-109/index.html ↑

3. "Report on the California State Auditor Website." California State Auditor, https://information.auditor.ca.gov/reports/2021-109/index.html. ↑

4. "OpenJustice Data." OpenJustice, California Department of Justice, openjustice.doj.ca.gov/data. ↑

5. "California jails are holding thousands fewer people, but far more are dying in them." Calmatters, 2024, calmatters.org/justice/2024/03/death-in-california-jails/?utm_medium=email&utm_source=ActiveCampaign&utm_medium=email&utm_content=Did%20Tulare%20County%20find%20a%20way%20to%20reduce%20California%20jail%20deaths%3F&utm_campaign=WhatMatters. ↑

6. "California's Jails Are in a Deadly Crisis. Here’s How Experts Suggest Fixing Them." ProPublica, https://www.propublica.org/article/californias-jails-are-in-a-deadly-crisis-heres-how-experts-suggest-fixing-them. ↑

ASSEMBLY THIRD READING

ATR Bill Id:AB 2531

Author:(Bryan)

As Amended Ver:April 15, 2024

Majority vote

SUMMARY

Clarifies that death-in-custody reporting requirements apply to juveniles who die in custody and defines "in-custody death."

Major Provisions

1. Clarifies that the requirement for agencies with jurisdiction over state or local correctional facilities with custodial responsibility for a person at the time of their death, report specified in-custody death information on the agency's website within 10 days of the date of the death, also applies to juveniles who die in custody.
2. Specifies that the date of death that is required to be included in such reporting, is the date of death according to a medical examiner or similar entity.
3. Defines "in-custody death" to have the same meaning as in specified federal law, and which includes the death of a person who is either detained or arrested by an officer, is en route to be incarcerated or detained, or is incarcerated or detained at a correctional facility or pretrial detention facility located within the state.

COMMENTS

According to the Author

"AB 2531 is a positive step towards increasing transparency and accountability within California's correctional system. Currently, the framework for reporting in-custody deaths in California is insufficient, leading to inconsistent and incomplete disclosure of critical information to the public. Unanswered questions regarding the accuracy and completeness of reported data further exacerbate concerns about the integrity of the reporting system.

"This bill will improve transparency and accountability by mandating the reporting of deaths of youth in custody, defining in-custody deaths in line with the federal Death In-custody Reporting Act, and clarifying required metrics."

Arguments in Support

According to Justice2Jobs Coalition "Currently California law does require law enforcement agencies to notify the public of deaths that occur in custody. This law (AB 2761) went into effect January 2023, emphasizing the importance of public disclosure of in-custody deaths but implementation challenges surfaced, with inconsistencies observed in reporting practices across counties, resulting in inconsistent, incomplete or non-disclosure of critical information surrounding these deaths. Additionally, AB 2761 only mandated reporting for adult in custody deaths, leaving the number of youth in custody deaths unknown to the public.

"Through an audit conducted by community-based organizations, at least 174 in-custody deaths were publicly reported in 2023 by a Sheriff's Department or local news outlets. Of the deaths, 21 were not reported to the state Attorney General's Office. An additional 19 deaths were reported to the California Attorney General's Office, but were not publicly reported; these were uncovered through a Public Records Act Request. Furthermore, many agencies reported incomplete information: 12 counties did not provide the location of death, 11 did not provide the race of the deceased, and nine (9) did not report the custody status of the deceased. Of all deaths that occurred while in the custody of a Sheriff's department, only 115 deaths across 14 counties were reported in compliance with AB 2761.

"The lack of standardized reporting procedures led to disparities in data collection, hindering comprehensive understanding and accountability. Despite efforts to enforce reporting requirements, gaps remained, raising concerns about the accuracy and completeness of information provided to the public. As communities grapple with the number of deaths and unanswered questions regarding the circumstances of these deaths, [this bill] is a critical step toward enhancing transparency and accountability in California's correctional system.

"[This bill] proposes necessary revisions to the current statute to enhance the reporting requirements for in-custody deaths including mandating the reporting of youth in-custody deaths, clarifying required metrics, and defining in-custody deaths in alignment with the federal Death In-custody Reporting Act."

Arguments in Opposition

None Submitted.

FISCAL COMMENTS

According to the Assembly Appropriations Committee, likely minor and absorbable costs to law enforcement agencies and county probation departments to post the required information upon the death of a juvenile in custody.

VOTES

ASM PUBLIC SAFETY: 8-0-0

YES: McCarty, Alanis, Lackey, Stephanie Nguyen, Reyes, Ting, Wilson, Zbur

ASM APPROPRIATIONS: 14-0-1

YES: Wicks, Sanchez, Arambula, Bryan, Calderon, Wendy Carrillo, Dixon, Mike Fong, Grayson, Haney, Hart, Pellerin, Ta, Villapudua

ABS, ABST OR NV: Jim Patterson

UPDATED

VERSION: April 15, 2024

CONSULTANT: Ilan Zur / PUB. S. / (916) 319-3744 FN: 0002872

Date of Hearing: May 1, 2024

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Buffy Wicks, Chair

ABPCA Bill Id:AB 2531

Author:(Bryan) – As Amended Ver:April 15, 2024

Urgency: No State Mandated Local Program: Yes Reimbursable: Yes

SUMMARY:

This bill requires a law enforcement agency or agency that operates a correctional facility to post specified information on its website about the death of a juvenile in the agency’s custody.

FISCAL EFFECT:

Likely minor and absorbable costs to law enforcement agencies and county probation departments to post the required information upon the death of a juvenile in custody.

COMMENTS:

1. Purpose. According to the author:

AB 2531 is a positive step towards increasing transparency and accountability within California’s correctional system. Currently, the framework for reporting in-custody deaths in California is insufficient, leading to inconsistent and incomplete disclosure of critical information to the public. Unanswered questions regarding the accuracy and completeness of reported data further exacerbate concerns about the integrity of the reporting system. This bill will improve transparency and accountability by mandating the reporting of deaths of youth in custody, defining in-custody deaths in line with the federal Death In-custody Reporting Act, and clarifying required metrics.

1. Background. Existing law requires a law enforcement agency or an agency that operates correctional facilities to post specified information about a death-in-custody incident on its website within 10 days of the incident. The information that must be posted includes the full name of the agency with custodial responsibility at the time of death, the date and location of the death, the manner and means of death, and the decedent’s race, gender, and age. If any of the information posted on the agency’s website changes (for example, if new information about the cause of death is discovered during an investigation), the agency must update its website within 30 days of when the information changes.

This bill specifies an agency must post the same death-in-custody information on its website if the person who dies in the agency’s custody is a juvenile.

1. Related Legislation. AB 3092 (Ortega) requires law enforcement agencies and correctional facilities to report updated information to DOJ about deaths that occur in custody. AB 3092 is pending on the Assembly floor.

Analysis Prepared by: Annika Carlson / APPR. / (916) 319-2081

Date of Hearing:

Counsel: Ilan Zur

ASSEMBLY COMMITTEE ON PUBLIC SAFETY

Kevin McCarty, Chair

ABPCA Bill Id:AB 2531

Author:(Bryan) – As Amended Ver:April 3, 2024

SUMMARY:

Clarifies that death-in-custody reporting requirements apply to juveniles who die in custody, and requires such in-custody death information to include the names of adult decedents. Specifically, this bill:

1. Clarifies that the requirement for agencies with jurisdiction over state or local correctional facilities with custodial responsibility for a person at the time of their death, report specified in-custody death information on the agency’s website within 10 days of the date of the death, also applies to juveniles who die in custody.
2. Specifies that the date of death that is required to be included in such reporting, is the date of death according to a medical examiner or similar entity.
3. Requires the in-custody death information that must be posted on the agency’s website to include the names of adult decedents, but not juveniles.
4. Defines “in-custody death” to have the same meaning as in specified federal law, and which includes the death of a person who is either detained or arrested by an officer, is en route to be incarcerated or detained, or is incarcerated or detained at a correctional facility or pretrial detention facility located within the state.

EXISTING FEDERAL LAW

1. Requires states receiving funds from specified grant programs to report to the U.S. Attorney General on a quarterly basis information regarding an in-custody death. (34 U.S.C. § 60105.)
   
2. Defines an in-custody death, for purposes of reporting to the U.S. Attorney General, as “the death of a person who is detained, under arrest, in the process of being arrested, is en route to be incarcerated, or is incarcerated at a municipal or county jail, state prison, state-run boot camp prison, boot camp prison that is contracted out by the state, any state or local contract facility, or other local or State correctional facility (including any juvenile facility). This information must include:
   
   1. The name, gender, race, ethnicity, and age of the deceased;
      
   2. The date, time, and location of death;
      
   3. The law enforcement agency that detained, arrested, or was in the process of arresting the deceased; and,
      
   4. A brief description of the circumstances surrounding the death. (34 U.S.C. § 60105, subds. (a) & (b).)

EXISTING STATE LAW:

1. Provides that when a person in custody dies, the agency with jurisdiction over the state or local correctional facility with custodial responsibility for the person at the time of their death, shall post the following information on its website for the public to view within 10 days of the date of death.
   1. The full name of the agency with custodial responsibility at the time of death;
      
   2. The county in which the death occurred;
      
   3. The facility in which the death occurred, and the location within that facility where the death occurred;
      
   4. The race, gender, and age of the decedent;
      
   5. The date on which the death occurred;
      
   6. The custodial status of the decedent, including, but not limited to, whether the person was awaiting arraignment, awaiting trial, or incarcerated; and,
   7. The manner and means of death. (Pen. Code, § 10008, subds. (a) & (b).)
2. States that if the agency seeks to notify the next of kin and is unable to notify them within 10 days of the death, the agency shall be given an additional 10 days to make good faith efforts to notify the next of kin before the information shall be posted for the public to view on the agency’s internet website. (Pen. Code, § 10008, subd. (b).)
   
3. Provides that if any of the death related information that the agency is required to post on their website changes, such as manner and means of the death, the agency must update the posting within 30 days of the change. (Pen. Code, § 10008, subd. (b).)
4. Provides that if a person dies while in the custody of any law enforcement agency or while in custody in a local or state correctional facility in California, the law enforcement agency or the agency in charge of the correctional facility shall report in writing to the California Department of Justice (DOJ), within 10 days after the death, all facts in the possession of the law enforcement agency or agency in charge of the correctional facility concerning the death. (Gov. Code, § 12525.)
5. Provides that such in-custody death reports are public records within the meaning of the California Public Records Act and are open to public inspection. (Gov. Code, § 12525.)
   
6. Requires administrators of juvenile facilities to develop written policies and procedures in the event a youth dies while detained, including notifications to necessary parties, which may include the Juvenile Court, the parent, guardian, or person standing in loco parentis, and the youth’s attorney of record. (Cal. Code Regs., tit. 15, § 1341, subd. (1)(a).)
7. Requires health administrators of juvenile facilities to develop written policies and procedures to assure there is medical and operational review of every in-custody death of a youth. (Cal. Code Regs., tit. 15, § 1341, sub.d (1)(c).)
8. Requires the administrator of juvenile facilities to provide to the Board of State and Community Corrections (BSCC) a copy of the report submitted to the DOJ within 10 calendar days after the death. (Cal. Code Regs., tit. 15, § 1341, subd. (1)(c).)
9. Establishes the position of Director of In-Custody Death Review within the BSCC , to review investigations of death incidents occurring in local detention facilities and make recommendations to the sheriff or administrator of the local detention facility who operates the local detention facility regarding changes to policies, procedures, and practices. (Pen. Code, § 6034.)
10. Provides that within 90 days of receipt of the director’s recommendations, the sheriff or administrator who operates the local detention facility shall identify the director’s recommendations that will be implemented and shall provide a timeline for implementation and the anticipated cost of implementing those recommendations. (Pen. Code, § 6034,. subd. (c).)
11.  Provides that the above recommendations and responses shall be available to the public, although the director and the sheriff or administrator of the local detention facility may redact these disclosures or otherwise protect the names of individuals or other facts that might hinder litigation related to the review, compromise the safety and security of staff, incarcerated persons, or members of the public, or where disclosure of the information is otherwise prohibited by law.
12. Requires every death to be registered with the local registrar of births and deaths in the district in which the death was officially pronounced or the body was found, within 8 calendar days after death and prior to any disposition of the human remains. (Health & Saf. Code, § 102775.)

FISCAL EFFECT:

Unknown

COMMENTS:

1. Author's Statement: According to the author, "AB 2531 is a positive step towards increasing transparency and accountability within California's correctional system. Currently, the framework for reporting in-custody deaths in California is insufficient, leading to inconsistent and incomplete disclosure of critical information to the public. Unanswered questions regarding the accuracy and completeness of reported data further exacerbate concerns about the integrity of the reporting system.

This bill will improve transparency and accountability by mandating the reporting of deaths of youth in custody, defining in-custody deaths in line with the federal Death In-custody Reporting Act, and clarifying required metrics.”

1. Background: Incarcerated persons are dying in county jails at record rates in California. According to the Department of Justice, “Since the passage of Public Safety Realignment in 2011 - which mandated that individuals sentenced for specific non-violent offenses be housed in county jails rather than state prisons - the share of deaths in custody reported from county sheriff's departments (who manage county jail systems) has grown from 17.1 percent in 2010 to 22.2 percent in 2014….” (Department of Justice, Death in Custody from 2010 to 2019. (July 5, 2023). Available at: <https://openjustice.doj.ca.gov/data-stories/2019/death-custody-2010-2019> [as of March 26, 20240.) The percentage of county jail deaths rose to 20.6 percent in 2019. (Id.) Notably, between 2006 and 2020, 185 people died in San Diego County jails – one of the highest totals among counties in the State. (California State Auditor, Report 2021-109, San Diego County Sheriff’s Department – It Has Failed to Adequately Prevent and Respond to the Deaths of Individuals in Its Custody. (Feb. 3, 2022). Available at: <https://www.auditor.ca.gov/reports/2021-109/index.html> [as of March 26, 2024].) In 2022, 215 persons died in California jails, a record high considering data going back to 2005. (Cal Matters, California jails are holding thousands fewer people, but far more are dying in them. (March 25, 2024). Available at <https://calmatters.org/justice/2024/03/death-in-california-jails/> [as of March 26, 2024].) While there has been a significant increase in in-custody deaths in county jails more generally, it is less clear if there has also been an increase in in-custody deaths in juvenile detention facilities.
2. Effect of this Bill: First, AB 2531 specifies that the existing requirement that agencies with jurisdiction over correctional facilities must post in-custody death information on their websites also includes juveniles who die in custody. Under existing law, “when a person who is in custody dies” the agency with jurisdiction over the correctional facility with custodial responsibility for the person at the time of their death must post specified death in custody information within 10 days of the date of death. (Pen. Code, § 10008, subds. (a).) This definition could be interpreted to encompass juveniles, who are “persons” who die while in custody, although the language does not explicitly include juveniles who die in-custody. As a result, it is possible that many juvenile detention facilities do not with Penal Code Section 10008’s reporting requirements. By clarifying that the in-custody death information that must be posted on agency websites does include juvenile deaths, AB 2531 can be expected to promote more consistent and more accurate reporting of juvenile in-custody deaths.

Second, AB 2531 defines “in-custody death” to have the same meaning as in the federal Death in Custody Reporting Act. This provides clarity surrounding the definition of a reportable “in-custody death,” as this term is not currently defined in the Penal Code for purposes of posting in-custody death information on agency websites. This federal definition broadly encompasses deaths of any person who is detained, under arrest, in the process of being arrested, is en route to be incarcerated, or is incarcerated at a municipal or county jail, state prison, state-run boot camp prison, boot camp prison that is contracted out by the state, any state or local contract facility, or other local or state correctional facility (including any juvenile facility) (34 U.S.C. § 60105, subs. (a) & (b).) Penal Code Section 10008 does not define an “in-custody death” but more generally requires applicable agencies to post death-in custody information on their websites “when a person who is in custody dies.” (Pen. Code, § 10008.) The Penal Code elsewhere defines death incident as “an event where a person has died in the custody or supervision of the local detention facility” although, this does not appear to govern the death-in custody reporting requirements addressed by this bill since that definition is contained in a separate statutory section and only applies to investigation of in-custody deaths in local detention facilities (Pen. Code, § 832.10, subd. (a)(1).)

By adopting this definition, AB 2531 clarifies and expands the existing in-custody death reporting requirement to include deaths that occur not just when a person is “in custody” but persons who are detained, under arrest, or in the process of being arrested. This can reasonably be expected to promote additional transparency surrounding deaths that occur during the process of a person who is being detained or arrested, but is not formally in the custody of a correctional facility. This also promotes uniformity with federal law, which is critical given that states are separately required to report in-custody death information to the U.S. Department of Justice on a quarterly basis. The author may wish to consider adopting the exact definition of an in custody death included in 34 U.S.C. § 60105, subd. (a). This bill currently states that it “[i]n-custody deaths has the same meaning as defined in the federal Death in Custody Reporting Act,” however, the definition subsequently defined by the bill slightly differs from that provided in 34 U.S.C. § 60105, subs. (a). Additionally the author may wish to consider amending Penal Code Section 832.10, which contains a separate definition of “death incident” in order to maintain conformity surrounding in-custody death reporting in state law.

1. Privacy Concerns: AB 2531 requires that the in-custody death information that must be posted on the agency’s website must, if the decedent is an adult, include the name of the decedent. Existing law does not require responsible agencies to post the specific names of persons who have died on their website. Rather, the information that is required to be posted on the responsible agency’s website is: 1) the name of the agency with custodial responsibility; 2) the county where the death occurred; 3) the facility and location where the death occurred; 4) the race, gender, and age of the decedent; 5) the date on which the death occurred; 6) the custodial status of the decedent; and 7) the manner and means of the death. (Pen. Code, § 10008.) Responsible law enforcement agencies are separately required to report to the DOJ all facts in the possession of the law enforcement agency or agency in charge of the correctional facility concerning an in-custody death, within 10 days of that death. (Gov. Code, § 12525.). That information reported to the DOJ are public records under the California Public Records Act (CPRA). (Ibid.)

It appears that some counties do share certain in-custody death information publicly that includes the names of decedents. (County of Los Angeles Medical Examiner, Case Search. Available at: < https://me.lacounty.gov/case-search/> [as of April 3, 2024].) Including the name of decedents on agency websites raises some privacy concerns. Identifying individual decedents by name on such publicly available websites may not be in the interest of the families and loved ones of persons who have died in-custody. Such family members may not appreciate the public disclosure of the demographic information and manner and means of their loved ones death (as articulated by the responsible law enforcement agency). For example, a person may have died in custody after being wrongly arrested, and family members may prefer to keep the arrest private. Further, because a specific person’s cause of death would have to be disclosed, families may not wish for their loved one’s cause of death to be made public since they would lose control of the narrative of how their loved one died and how they are remembered.

Existing law does provide that responsible agencies must attempt to notify a decedent’s next of kin within 10 days of the death, and the agency shall be given an additional 10 days to make good faith efforts to notify the next of kin before the information shall be posted for the public. (Pen. Code, § 10008, subd. (b).) While this provides some protections to family members of decedents, this still permits a responsible correctional agency to make public a specific decedent’s name within 20 days, if they weren’t able to make contact with the decedent’s next of kin. Additionally, while the in-custody death information separately provided to the DOJ are public records, there is a distinction between in-custody death records being accessible under the CPRA, as opposed to being publicly available on each correctional facilities website. Lastly, the value associated with agency’s posting on their websites the names of specific persons who have died in custody is unclear, as demographic, cause of death, and other relevant information is already required to be posted on such websites.

1. Argument in Support: According to Justice2Jobs Coalition “Currently California law does require law enforcement agencies to notify the public of deaths that occur in custody. This law (AB 2761) went into effect January 2023, emphasizing the importance of public disclosure of in-custody deaths but implementation challenges surfaced, with inconsistencies observed in reporting practices across counties, resulting in inconsistent, incomplete or non-disclosure of critical information surrounding these deaths. Additionally, AB 2761 only mandated reporting for adult in custody deaths, leaving the number of youth in custody deaths unknown to the public.

“Through an audit conducted by community-based organizations, at least 174 in-custody deaths were publicly reported in 2023 by a Sheriff’s Department or local news outlets. Of the deaths, 21 were not reported to the state Attorney General’s Office. An additional 19 deaths were reported to the California Attorney General’s Office, but were not publicly reported; these were uncovered through a Public Records Act Request. Furthermore, many agencies reported incomplete information: 12 counties did not provide the location of death, 11 did not provide the race of the deceased, and nine (9) did not report the custody status of the deceased. Of all deaths that occurred while in the custody of a Sheriff’s department, only 115 deaths across 14 counties were reported in compliance with AB 2761.

“The lack of standardized reporting procedures led to disparities in data collection, hindering comprehensive understanding and accountability. Despite efforts to enforce reporting requirements, gaps remained, raising concerns about the accuracy and completeness of information provided to the public. As communities grapple with the number of deaths and unanswered questions regarding the circumstances of these deaths, AB 2531 is a critical step toward enhancing transparency and accountability in California's correctional system.

“AB 2531 proposes necessary revisions to the current statute to enhance the reporting requirements for in-custody deaths including mandating the reporting of youth in-custody deaths, clarifying required metrics, and defining in-custody deaths in alignment with the federal Death In-custody Reporting Act.”

1. Related Legislation: AB 3092 (Ortega), would require law enforcement agencies required to report in-custody death information to the California Attorney General (DOJ) to update that report within 10 days of that initial information changing or if new information becomes available regarding the death. AB 3092 is pending in the Assembly Judiciary Committee.
   
2. Prior Legislation:
   
   1. SB 519 (Atkins), Chapter 306, Statutes of 2023, makes records relating to an investigation conducted by a local detention facility into a death incident available to the public and creates the position of Director of In-Custody Death Review within the BSCC to review investigations of any death incident, as defined, occurring within a local detention facility.
   2. AB 2761 (McCarty), Chapter 802, Statutes of 2022, requires a state or local correctional facility to post specified information on its website within 10 days after the death of a person who died while in custody, and to update that information within 30 days of any change.
      

REGISTERED SUPPORT / OPPOSITION:

Support

California Immigrant Policy Center
California Public Defenders Association
Californians United for A Responsible Budget
Carceral Ecologies
Care First Kern
Justice2jobs Coalition
Racial Justice Coalition of San Diego
Vera Institute of Justice

Opposition:

None

Analysis Prepared by:

Ilan Zur / PUB. S. / (916) 319-3744