SB 519: Corrections.
- Session Year: 2023-2024
- House: Senate
- Latest Version Date: 2023-10-04
Current Status:
Passed
(2023-10-04: Chaptered by Secretary of State. Chapter 306, Statutes of 2023.)
Introduced
In Committee
First Chamber
In Committee
Second Chamber
Enacted
Existing law, the California Public Records Act, generally requires public records to be open for inspection by the public. Existing law provides numerous exceptions to this requirement. Under existing law, the personnel records of peace officers and custodial officers are confidential and not subject to public inspection. Existing law provides certain exemptions to this confidentiality, including the reports, investigations, and findings of certain incidents involving the use of force by a peace officer.
This bill would, beginning on July 1, 2024, make records relating to an investigation conducted by a local detention facility into a death incident, as defined, available to public inspection, as specified. By increasing duties on local governments, this bill would create a state-mandated local program.
Existing law establishes the Board of State and Community Corrections, with the mission of providing statewide leadership, coordination, and technical assistance to promote effective state and local efforts and partnerships in Californias adult and juvenile criminal justice system.
This bill would expand the boards mission to include the promotion of legal and safe conditions for youth, inmates, and staff in local detention facilities. The bill would create the position of Director of In-Custody Death Review (director) within the Board of State and Community Corrections. The bill would require the Governor to appoint, subject to confirmation by the Senate, the director to a 6-year term. The bill, beginning on July 1, 2024, would require the director to review investigations of any death incident occurring within a local detention facility, as specified. The bill would require, upon that review, the director to make specific recommendations to the sheriff or administrator of the local detention facility who operates the local detention facility regarding those incidents, including, among other things, changes to policies, procedures, and practices, as specified. The bill, within 90 days of receipt of the recommendations of the director, would require the sheriff or administrator of the local detention facility to identify the recommendations that will be implemented and provide a timeline for implementation and the anticipated cost of implementing those recommendations. The bill would require these recommendations and responses to be made available to the public, and would give the director and the sheriff or administrator of the local detention facility the discretion to redact these disclosures, as specified. The bill, beginning on July 1, 2024, would require the Board of State and Community Corrections to employ a sufficient number of licensed medical professionals and licensed behavioral health professionals to participate in the reviews, assist with establishing and implementing health and behavioral health standards for local detention facilities, and review the delivery of medical and behavioral health services within local detention facilities.
Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.
This bill would make legislative findings to that effect.
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, the California Public Records Act, generally requires public records to be open for inspection by the public. Existing law provides numerous exceptions to this requirement. Under existing law, the personnel records of peace officers and custodial officers are confidential and not subject to public inspection. Existing law provides certain exemptions to this confidentiality, including the reports, investigations, and findings of certain incidents involving the use of force by a peace officer.
This bill would, beginning on July 1, 2024, make records relating to an investigation conducted by a local detention facility into a death incident, as defined, available to public inspection, as specified. By increasing duties on local governments, this bill would create a state-mandated local program.
Existing law establishes the Board of State and Community Corrections, with the mission of providing statewide leadership, coordination, and technical assistance to promote effective state and local efforts and partnerships in Californias adult and juvenile criminal justice system.
This bill would expand the boards mission to include the promotion of legal and safe conditions for youth, inmates, and staff in local detention facilities. The bill would create the position of Director of In-Custody Death Review (director) within the Board of State and Community Corrections. The bill would require the Governor to appoint, subject to confirmation by the Senate, the director to a 6-year term. The bill, beginning on July 1, 2024, would require the director to review investigations of any death incident occurring within a local detention facility, as specified. The bill would require, upon that review, the director to make specific recommendations to the sheriff or administrator of the local detention facility who operates the local detention facility regarding those incidents, including, among other things, changes to policies, procedures, and practices, as specified. The bill, within 90 days of receipt of the recommendations of the director, would require the sheriff or administrator of the local detention facility to identify the recommendations that will be implemented and provide a timeline for implementation and the anticipated cost of implementing those recommendations. The bill would require these recommendations and responses to be made available to the public, and would give the director and the sheriff or administrator of the local detention facility the discretion to redact these disclosures, as specified. The bill, beginning on July 1, 2024, would require the Board of State and Community Corrections to employ a sufficient number of licensed medical professionals and licensed behavioral health professionals to participate in the reviews, assist with establishing and implementing health and behavioral health standards for local detention facilities, and review the delivery of medical and behavioral health services within local detention facilities.
Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.
This bill would make legislative findings to that effect.
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, the California Public Records Act, generally requires public records to be open for inspection by the public. Existing law provides numerous exceptions to this requirement. Under existing law, the personnel records of peace officers and custodial officers are confidential and not subject to public inspection. Existing law provides certain exemptions to this confidentiality, including the reports, investigations, and findings of certain incidents involving the use of force by a peace officer.
This bill would, beginning on July 1, 2024, make records relating to an investigation conducted by a local detention facility into a death incident, as defined, available to public inspection, as specified. By increasing duties on local governments, this bill would create a state-mandated local program.
Existing law establishes the Board of State and Community Corrections, with the mission of providing statewide leadership, coordination, and technical assistance to promote effective state and local efforts and partnerships in Californias adult and juvenile criminal justice system.
This bill would expand the boards mission to include the promotion of legal and safe conditions for youth, inmates, and staff in local detention facilities. The bill would create the independent Office of the Local Detention Monitor within the Board of State and Community Corrections. The bill would require the Governor to appoint, subject to confirmation by the Senate, the Local Detention Monitor to a 6-year term, as specified. The bill would authorize the Local Detention Monitor to have public oversight of local detention facilities in matters relating to in-custody deaths and the delivery of medical and mental health care. The bill would require the Local Detention Monitor to, upon the request of specified entities, initiate an audit or review of policies, practices, and procedures of a local detention facility, as specified. The bill would require the Local Detention Monitor to prepare a written report and public report after completing an audit or review, as specified. The bill would require the Local Detention Monitor to report annually to the Governor and the Legislature a summary of its reports, as specified. The bill would make specified books, papers, records, and correspondence of the Local Detention Monitor pertaining to its work not public records and not subject to discovery.This bill would expand the boards mission to include the promotion of legal and safe conditions for youth, inmates, and staff in local detention facilities. The bill would create the position of Director of In-Custody Death Review (director) within the Board of State and Community Corrections. The bill would require the Governor to appoint, subject to confirmation by the Senate, the director to a 6-year term. The bill, beginning on July 1, 2024, would require the director to review investigations of any death incident occurring within a local detention facility, as specified. The bill would require, upon that review, the director to make specific recommendations to the sheriff or administrator of the local detention facility who operates the local detention facility regarding those incidents, including, among other things, changes to policies, procedures, and practices, as specified. The bill, within 90 days of receipt of the recommendations of the director, would require the sheriff or administrator of the local detention facility who operates the local detention facility to identify the recommendations that will be implemented and provide a timeline for implementation and the anticipated cost of implementing those recommendations. The bill would require these recommendations and responses to be made available to the public, and would give the director and the sheriff or administrator of the local detention facility the discretion to redact these disclosures, as specified. The bill, beginning on July 1, 2024, would require the Board of State and Community Corrections to employ a sufficient number of licensed medical professionals and licensed behavioral health professionals to participate in the reviews, assist with establishing and implementing health and behavioral health standards for local detention facilities, and review the delivery of medical and behavioral health services within local detention facilities.
Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.
This bill would make legislative findings to that effect.
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, the California Public Records Act, generally requires public records to be open for inspection by the public. Existing law provides numerous exceptions to this requirement. Under existing law, the personnel records of peace officers and custodial officers are confidential and not subject to public inspection. Existing law provides certain exemptions to this confidentiality, including the reports, investigations, and findings of certain incidents involving the use of force by a peace officer.
This bill would, beginning on July 1, 2024, make records relating to an investigation conducted by a local detention facility into a death incident, as defined, available to public inspection, as specified. By increasing duties on local governments, this bill would create a state-mandated local program.
Existing law establishes the Board of State and Community Corrections, with the mission of providing statewide leadership, coordination, and technical assistance to promote effective state and local efforts and partnerships in Californias adult and juvenile criminal justice system.
This bill would expand the boards mission to include the promotion of legal and safe conditions for youth, inmates, and staff in local detention facilities. The bill would create the independent Office of the Local Detention Monitor within the Board of State and Community Corrections. The bill would require the Governor to appoint, subject to confirmation by the Senate, the Local Detention Monitor to a 6-year term, as specified. The bill would authorize the Local Detention Monitor to have public oversight of local detention facilities in matters relating to in-custody deaths and the delivery of medical and mental health care. The bill would require the Local Detention Monitor to, upon the request of specified entities, initiate an audit or review of policies, practices, and procedures of a local detention facility, as specified. The bill would require the Local Detention Monitor to prepare a written report and public report after completing an audit or review, as specified. The bill would require the Local Detention Monitor to report annually to the Governor and the Legislature a summary of its reports, as specified. The bill would make specified books, papers, records, and correspondence of the Local Detention Monitor pertaining to its work not public records and not subject to discovery.
Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.
This bill would make legislative findings to that effect.
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, the California Public Records Act, generally requires public records to be open for inspection by the public. Existing law provides numerous exceptions to this requirement. Under existing law, the personnel records of peace officers and custodial officers are confidential and not subject to public inspection. Existing law provides certain exemptions to this confidentiality, including the reports, investigations, and findings of certain incidents involving the use of force by a peace officer.
This bill would would, beginning on July 1, 2024, make records relating to an investigation conducted by a local detention facility into a death incident, as defined, or relating to a subject officer, as defined, available to public inspection, as specified. By increasing duties on local governments, this bill would create a state-mandated local program.
Existing law establishes the Board of State and Community Corrections, with the mission of providing statewide leadership, coordination, and technical assistance to promote effective state and local efforts and partnerships in Californias adult and juvenile criminal justice system, including addressing gang problems. system.
TheThis bill would expand the boards mission to include the promotion of legal and safe conditions for youth, inmates, and staff in local detention facilities. The bill would create the independent Office of the Local Detention Monitor within the Board of State and Community Corrections. The bill would require the Governor to appoint, subject to confirmation by the Senate, the Local Detention Monitor to a 6-year term, as specified. The bill would authorize the Local Detention Monitor to have public oversight of local detention facilities in matters relating to in-custody deaths and the delivery of medical and mental health care. The bill would require the Local Detention Monitor to, upon the request of specified entities, initiate an audit or review of policies, practices, and procedures of a local detention facility, as specified. The bill would require the Local Detention Monitor to prepare a written report and public report after completing an audit or review, as specified. The bill would require the Local Detention Monitor to report annually to the Governor and the Legislature a summary of its reports, as specified. The bill would make specified books, papers, records, and correspondence of the Local Detention Monitor pertaining to its work not public records and not subject to discovery.
Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.
This bill would make legislative findings to that effect.
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 authorizes a board of supervisors of any county to, by resolution, establish a department of corrections, to be headed by an officer appointed by the board, which has jurisdiction over all county functions, personnel, and facilities, or so many as the board names in its resolution, relating to institutional punishment, care, treatment, and rehabilitation of prisoners, including, but not limited to, the county jail and industrial farms and road camps, their functions and personnel. Existing law, except as specified, requires the sheriff to take charge of and be the sole and exclusive authority to keep the county jail and the prisoners in it, as specified.
This bill would require a board exercising the authority to establish a department of corrections and rehabilitation described above to set forth its reasons for doing so. The bill would specifically include fire camps within the jurisdiction of the department of corrections and rehabilitation. The bill would also require the executive officer appointed by the board to head the department of corrections and rehabilitation to meet specified qualifications and to assume specified duties over county jails. The bill would also revise the provision requiring the sheriff to take charge of and be the sole and exclusive authority to keep the county jail and the incarcerated persons to state that the provision does not apply in counties that have established a department of corrections and rehabilitation pursuant to the authority described above.
Existing law, the California Public Records Act, generally requires public records to be open for inspection by the public. Existing law provides numerous exceptions to this requirement. Under existing law, the personnel records of peace officers and custodial officers are confidential and not subject to public inspection. Existing law provides certain exemptions to this confidentiality, including the reports, investigations, and findings of certain incidents involving the use of force by a peace officer.
This bill would make records relating to an investigation conducted by a local detention facility into a death incident, as defined, or relating to a subject officer, as defined, available to public inspection, as specified. By increasing duties on local governments, this bill would create a state-mandated local program.
Existing law establishes the Board of State and Community Corrections, with the mission of providing statewide leadership, coordination, and technical assistance to promote effective state and local efforts and partnerships in Californias adult and juvenile criminal justice system, including addressing gang problems.
The bill would expand the boards mission to include the promotion of legal and safe conditions for youth, inmates, and staff in local detention facilities.
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 establishes the Board of State and Community Corrections, with the mission of providing statewide leadership, coordination, and technical assistance to promote effective state and local efforts and partnerships in Californias adult and juvenile criminal justice system, including addressing gang problems.
The bill would expand the boards mission to include the promotion of legal and safe conditions for youth, inmates, and staff in local detention facilities.
(a)For purposes of this section, the following definitions shall apply:
(1)Death incident means an event where a person has died in the custody or supervision of the local detention facility.
(2)Local detention facility means any city, county, city and county, or regional jail, camp, court holding facility, private detention facility, or other facility in which persons are incarcerated.
(3)Private detention facility has the same meaning as in Section 7320 of the Government Code.
(4)Person includes, but is not limited to, a custodial officer or health care staff.
(5)Custodial officer means those officers with the rank of deputy, correctional officer, patrol person, or another equivalent sworn or civilian rank whose duties include the supervision of incarcerated or detained persons at a local detention facility.
(6)Health care staff means the health authority, individual, or agency that is designated with responsibility for providing health care in the local detention facility.
(b)Notwithstanding subdivision (a) of Section 832.7, or any other law, any record relating to an investigation conducted by the local detention facility involving a death incident maintained by a local detention facility shall not be confidential and shall be made available for public inspection pursuant to the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code).
(c)Records disclosed under subdivision (b) shall be subject to all of the following:
(1)The record shall include all investigative reports; photographic, audio, and video evidence; transcripts or recordings of interviews; autopsy reports; all materials compiled and presented for review to the district attorney or to any person or body charged with determining whether to file criminal charges against a person, whether the persons action was consistent with law and agency policy for purposes of discipline or administrative action, or what discipline to impose or corrective action to take; documents setting forth findings or recommended findings; and copies of disciplinary records relating to the death incident, including any letters of intent to impose discipline, any documents reflecting modifications of discipline due to the Skelly or grievance process, and letters indicating final imposition of discipline or other documentation reflecting implementation of corrective action.
(2)An agency shall redact a record disclosed pursuant to this section only for any of the following purposes:
(A)To remove personal data or information, such as a home address, telephone number, or identities of family members, other than the peoples names and work-related information.
(B)To preserve the anonymity of whistleblowers, complainants, victims, and witnesses.
(C)To protect confidential medical, financial, or other information of which disclosure is specifically prohibited by federal law or would cause an unwarranted invasion of personal privacy that clearly outweighs the strong public interest in records about possible misconduct.
(D)Where there is a specific, articulable, and particularized reason to believe that disclosure of the record would pose a significant danger to the physical safety of any person.
(3)Notwithstanding paragraph (2), an agency may redact a record disclosed pursuant to this section, including personal identifying information, where, on the facts of the particular case, the public interest served by not disclosing the information clearly outweighs the public interest served by disclosure of the information.
(4)A local detention facility may withhold a record of a death incident described in subdivision (b) that is the subject of an active criminal or administrative investigation, in accordance with any of the following:
(A)(i)During an active criminal investigation, disclosure may be delayed for up to 60 days from the date the death incident occurred or until the district attorney determines whether to file criminal charges related to the death incident, whichever occurs sooner. If a local detention facility delays disclosure pursuant to this clause, the local detention facility shall provide, in writing, the specific basis for the facilitys determination that the interest in delaying disclosure clearly outweighs the public interest in disclosure. This writing shall include the estimated date for disclosure of the withheld information.
(ii)After 60 days from the death incident, the local detention facility may continue to delay the disclosure of records or information if the disclosure could reasonably be expected to interfere with a criminal enforcement proceeding against any person. If an agency delays disclosure pursuant to this clause, the agency shall, at 180-day intervals as necessary, provide, in writing, the specific basis for the agencys determination that disclosure could reasonably be expected to interfere with a criminal enforcement proceeding. The writing shall include the estimated date for the disclosure of the withheld information. Information withheld by the agency shall be disclosed when the specific basis for withholding is resolved, when the investigation or proceeding is no longer active, or by no later than 18 months after the date of the death incident, whichever occurs sooner.
(iii)In an action to compel disclosure brought pursuant to Section 7923.000 of the Government Code, a local detention facility may justify delay by filing an application to seal the basis for withholding, in accordance with Rule 2.550 of the California Rules of Court, or any successor rule, if disclosure of the written basis itself would impact a privilege or compromise a pending investigation. This clause does not prohibit a court from conducting in camera review to determine whether privilege exists.
(B)If criminal charges are filed related to the death incident, the local detention facility may delay the disclosure of records or information until a verdict on those charges is returned at trial or, if a plea of guilty or no contest is entered, the time to withdraw the plea pursuant to Section 1018.
(C)During an administrative investigation into an incident described in subdivision (b), the local detention facility may delay the disclosure of records or information until the facility determines whether the death incident violated a law or agency policy.
(5)The cost of copies of records subject to disclosure pursuant to this subdivision that are made available upon the payment of fees covering direct costs of duplication pursuant to subdivision (a) of Section 7922.530 of the Government Code shall not include the costs of searching for, editing, or redacting the records.
(6)Except to the extent temporary withholding for a longer period is permitted pursuant to paragraph (4), records subject to disclosure under this section shall be provided at the earliest possible time and no later than 45 days from the date of a request for their disclosure.
(7)(A)For purposes of releasing records pursuant to this subdivision, the attorney-client privilege does not prohibit the disclosure of either of the following:
(i)Factual information provided by the local detention facility to its attorney or factual information discovered in any investigation conducted by, or on behalf of, the local detention facilitys attorney.
(ii)Billing records related to the work done by the attorney so long as the records do not relate to active and ongoing litigation and do not disclose information for the purpose of legal consultation between the local detention facility and its attorney.
(B)This paragraph does not prohibit the local detention facility from asserting that a record or information within the record is exempted or prohibited from disclosure pursuant to any other federal or state law. However, to the extent that the local detention facility asserts attorney-client privilege or any other prohibitive disclosure provided by federal or state law, the court may conduct in camera review unless prohibited by law.
(d)This section does not affect the discovery or disclosure of information contained in a subject officers personnel file pursuant to Section 1043 of the Evidence Code.
(e)This section does not affect the disclosure of other records provided under this chapter or any other law.
(f)This section does not supersede or affect the criminal discovery process outlined in Chapter 10 (commencing with Section 1054) of Title 6 of Part 2, or the admissibility of personnel records pursuant to Section 832.7, which codifies the court decision in Pitchess v. Superior Court (1974) 11 Cal.3d 531.
(g)Nothing in this chapter is intended to limit the publics right of access as provided for in Long Beach Police Officers Association v. City of Long Beach (2014) 59 Cal.4th 59.
(h)This section shall become operative on July 1, 2024.
SEC. 2.Section 6024 of the Penal Code is amended to read:6024.(a)Commencing July 1, 2012, there is hereby established the Board of State and Community Corrections. The Board of State and Community Corrections shall be an entity independent of the Department of Corrections and Rehabilitation. The Governor may appoint an executive officer of the board, subject to Senate confirmation, who shall hold the office at the pleasure of the Governor. The executive officer shall be the administrative head of the board and shall exercise all duties and functions necessary to ensure that the responsibilities of the board are successfully discharged. As of July 1, 2012, any references to the Board of Corrections or the Corrections Standards Authority shall refer to the Board of State and Community Corrections. As of that date, the Corrections Standards Authority is abolished.
(b)The mission of the board shall include providing statewide leadership, coordination, and technical assistance to promote effective state and local efforts and partnerships in Californias adult and juvenile criminal justice system, including addressing gang problems, and to promote legal and safe conditions for youth, inmates, and staff in local detention facilities. This mission shall reflect the principle of aligning fiscal policy and correctional practices, including, but not limited to prevention, intervention, suppression, supervision, and incapacitation, to promote a justice investment strategy that fits each county and is consistent with the integrated statewide goal of improved public safety through cost-effective, promising, and evidence-based strategies for managing criminal justice populations.
(c)The board shall regularly seek advice from a balanced range of stakeholders and subject matter experts on issues pertaining to adult corrections, juvenile justice, and gang problems relevant to its mission. Toward this end, the board shall seek to ensure that its efforts (1) are systematically informed by experts and stakeholders with the most specific knowledge concerning the subject matter, (2) include the participation of those who must implement a board decision and are impacted by a board decision, and (3) promote collaboration and innovative problem solving consistent with the mission of the board. The board may create special committees, with the authority to establish working subgroups as necessary, in furtherance of this subdivision to carry out specified tasks and to submit its findings and recommendations from that effort to the board.
(d)The board shall act as the supervisory board of the state planning agency pursuant to federal acts. It shall annually review and approve, or review, revise, and approve, the comprehensive state plan for the improvement of criminal justice and delinquency and gang prevention activities throughout the state, shall establish priorities for the use of funds as are available pursuant to federal acts, and shall approve the expenditure of all funds pursuant to such plans or federal acts, provided that the approval of those expenditures may be granted to single projects or to groups of projects.
(e)It is the intent of the Legislature that any statutory authority conferred on the Corrections Standards Authority or the previously abolished Board of Corrections shall apply to the Board of State and Community Corrections on and after July 1, 2012, unless expressly repealed by the act that added this section. The Board of State and Community Corrections is the successor to the Corrections Standards Authority, and as of July 1, 2012, is vested with all of the authoritys rights, powers, authority, and duties, unless specifically repealed by this act.
(f)For purposes of this chapter, federal acts means Subchapter V of Chapter 46 of the federal Omnibus Crime Control and Safe Streets Act of 1968 (Public Law 90-351, 82 Stat. 197; 42 U.S.C. Sec. 3750 et seq.), the federal Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. Sec. 5601 et seq.), and any act or acts amendatory or supplemental thereto.
SEC. 3.Section 6034 is added to the Penal Code, to read:6034.(a)There is hereby created the position of Director of In-Custody Death Review within the Board of State and Community Corrections. Subject to Senate confirmation, the Governor shall appoint the director to a six-year term.
(b)Commencing July 1, 2024, the director shall review investigations of any death incident, as defined in paragraph (1) of subdivision (a) of Section 832.10, occurring within a local detention facility, as defined in paragraph (2) of subdivision (a) of Section 832.10, and may, upon determination by the board that it is necessary and appropriate, conduct further review of a death incident. Upon that review, the director shall make specific and customized recommendations to the sheriff or administrator of the local detention facility who operates the local detention facility regarding those incidents, including changes to policies, procedures, and practices, facility upgrades, staffing considerations, the delivery of medical and behavioral health services within local detention facilities, and operational and capital funding requirements to address the directors recommendations.
(c)Within 90 days of receipt of the directors recommendations, the sheriff or administrator who operates the local detention facility shall identify the directors recommendations that will be implemented and shall provide a timeline for implementation and the anticipated cost of implementing those recommendations. The sheriff or administrator who operates the local detention facility shall also identify the directors recommendations that will not or cannot be implemented, accompanied by an explanation of why the recommendations will not or cannot be implemented. The Board of State and Community Corrections may call upon the sheriff or administrator who operates the local detention facility to respond to the Board of State and Community Corrections at a regularly scheduled meeting to discuss the recommendations and responses.
(d)The recommendations and responses shall be available to the public. The director and the sheriff or administrator of the local detention facility may, in their discretion, redact these disclosures or otherwise protect the names of individuals, specific locations, or other facts that, if not redacted, might hinder litigation related to the review, compromise the safety and security of staff, inmates, or members of the public, or where disclosure of the information is otherwise prohibited by law. Copies of public reports shall be posted on the Board of State and Community Correctionss internet website.
(e)Commencing July 1, 2024, and upon appropriation by the Legislature for this purpose, the Board of State and Community Corrections shall employ a sufficient number of licensed medical professionals and licensed behavioral health professionals to participate in the reviews described in this section, assist with establishing and implementing health and behavioral health standards for local detention facilities, and review the delivery of medical and behavioral health services within local detention facilities.
SEC. 4.The Legislature finds and declares that Section 3 of this act, which adds Section 6034 to the Penal Code, imposes a limitation on the publics right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:
This section balances the publics right to access information with the need to protect sensitive and confidential information, particularly during a potential ongoing investigation, and to maintain robust oversight over local detention facilities relating to in-custody deaths and the delivery of health care to individuals in custody.
SEC. 5.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
(a)For purposes of this section, the following definitions shall apply:
(1)Death incident means an event where a person has died in the custody or supervision of the local detention facility.
(2)Local detention facility means any city, county, city and county, or regional jail, camp, court holding facility, private detention facility, or other facility in which persons are incarcerated.
(3)Private detention facility has the same meaning as in Section 7320 of the Government Code.
(4)Person includes, but is not limited to, a custodial officer or health care staff.
(5)Custodial officer means those officers with the rank of deputy, correctional officer, patrol person, or another equivalent sworn or civilian rank whose duties include the supervision of incarcerated or detained persons at a local detention facility.
(6)Health care staff means the health authority, individual, or agency that is designated with responsibility for providing health care in the local detention facility.
(b)Notwithstanding subdivision (a) of Section 832.7, or any other law, any record relating to an investigation conducted by the local detention facility involving a death incident maintained by a local detention facility shall not be confidential and shall be made available for public inspection pursuant to the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code).
(c)Records disclosed under subdivision (b) shall be subject to all of the following:
(1)The record shall include all investigative reports; photographic, audio, and video evidence; transcripts or recordings of interviews; autopsy reports; all materials compiled and presented for review to the district attorney or to any person or body charged with determining whether to file criminal charges against a person, whether the persons action was consistent with law and agency policy for purposes of discipline or administrative action, or what discipline to impose or corrective action to take; documents setting forth findings or recommended findings; and copies of disciplinary records relating to the death incident, including any letters of intent to impose discipline, any documents reflecting modifications of discipline due to the Skelly or grievance process, and letters indicating final imposition of discipline or other documentation reflecting implementation of corrective action.
(2)An agency shall redact a record disclosed pursuant to this section only for any of the following purposes:
(A)To remove personal data or information, such as a home address, telephone number, or identities of family members, other than the peoples names and work-related information.
(B)To preserve the anonymity of whistleblowers, complainants, victims, and witnesses.
(C)To protect confidential medical, financial, or other information of which disclosure is specifically prohibited by federal law or would cause an unwarranted invasion of personal privacy that clearly outweighs the strong public interest in records about possible misconduct.
(D)Where there is a specific, articulable, and particularized reason to believe that disclosure of the record would pose a significant danger to the physical safety of any person.
(3)Notwithstanding paragraph (2), an agency may redact a record disclosed pursuant to this section, including personal identifying information, where, on the facts of the particular case, the public interest served by not disclosing the information clearly outweighs the public interest served by disclosure of the information.
(4)A local detention facility may withhold a record of a death incident described in subdivision (b) that is the subject of an active criminal or administrative investigation, in accordance with any of the following:
(A)(i)During an active criminal investigation, disclosure may be delayed for up to 60 days from the date the death incident occurred or until the district attorney determines whether to file criminal charges related to the death incident, whichever occurs sooner. If a local detention facility delays disclosure pursuant to this clause, the local detention facility shall provide, in writing, the specific basis for the facilitys determination that the interest in delaying disclosure clearly outweighs the public interest in disclosure. This writing shall include the estimated date for disclosure of the withheld information.
(ii)After 60 days from the death incident, the local detention facility may continue to delay the disclosure of records or information if the disclosure could reasonably be expected to interfere with a criminal enforcement proceeding against any person. If an agency delays disclosure pursuant to this clause, the agency shall, at 180-day intervals as necessary, provide, in writing, the specific basis for the agencys determination that disclosure could reasonably be expected to interfere with a criminal enforcement proceeding. The writing shall include the estimated date for the disclosure of the withheld information. Information withheld by the agency shall be disclosed when the specific basis for withholding is resolved, when the investigation or proceeding is no longer active, or by no later than 18 months after the date of the death incident, whichever occurs sooner.
(iii)In an action to compel disclosure brought pursuant to Section 7923.000 of the Government Code, a local detention facility may justify delay by filing an application to seal the basis for withholding, in accordance with Rule 2.550 of the California Rules of Court, or any successor rule, if disclosure of the written basis itself would impact a privilege or compromise a pending investigation. This clause does not prohibit a court from conducting in camera review to determine whether privilege exists.
(B)If criminal charges are filed related to the death incident, the local detention facility may delay the disclosure of records or information until a verdict on those charges is returned at trial or, if a plea of guilty or no contest is entered, the time to withdraw the plea pursuant to Section 1018.
(C)During an administrative investigation into an incident described in subdivision (b), the local detention facility may delay the disclosure of records or information until the facility determines whether the death incident violated a law or agency policy.
(5)The cost of copies of records subject to disclosure pursuant to this subdivision that are made available upon the payment of fees covering direct costs of duplication pursuant to subdivision (a) of Section 7922.530 of the Government Code shall not include the costs of searching for, editing, or redacting the records.
(6)Except to the extent temporary withholding for a longer period is permitted pursuant to paragraph (4), records subject to disclosure under this section shall be provided at the earliest possible time and no later than 45 days from the date of a request for their disclosure.
(7)(A)For purposes of releasing records pursuant to this subdivision, the attorney-client privilege does not prohibit the disclosure of either of the following:
(i)Factual information provided by the local detention facility to its attorney or factual information discovered in any investigation conducted by, or on behalf of, the local detention facilitys attorney.
(ii)Billing records related to the work done by the attorney so long as the records do not relate to active and ongoing litigation and do not disclose information for the purpose of legal consultation between the local detention facility and its attorney.
(B)This paragraph does not prohibit the local detention facility from asserting that a record or information within the record is exempted or prohibited from disclosure pursuant to any other federal or state law. However, to the extent that the local detention facility asserts attorney-client privilege or any other prohibitive disclosure provided by federal or state law, the court may conduct in camera review unless prohibited by law.
(d)This section does not affect the discovery or disclosure of information contained in a subject officers personnel file pursuant to Section 1043 of the Evidence Code.
(e)This section does not affect the disclosure of other records provided under this chapter or any other law.
(f)This section does not supersede or affect the criminal discovery process outlined in Chapter 10 (commencing with Section 1054) of Title 6 of Part 2, or the admissibility of personnel records pursuant to Section 832.7, which codifies the court decision in Pitchess v. Superior Court (1974) 11 Cal.3d 531.
(g)Nothing in this chapter is intended to limit the publics right of access as provided for in Long Beach Police Officers Association v. City of Long Beach (2014) 59 Cal.4th 59.
(h)This section shall become operative on July 1, 2024.
SEC. 2.Section 6024 of the Penal Code is amended to read:6024.(a)Commencing July 1, 2012, there is hereby established the Board of State and Community Corrections. The Board of State and Community Corrections shall be an entity independent of the Department of Corrections and Rehabilitation. The Governor may appoint an executive officer of the board, subject to Senate confirmation, who shall hold the office at the pleasure of the Governor. The executive officer shall be the administrative head of the board and shall exercise all duties and functions necessary to ensure that the responsibilities of the board are successfully discharged. As of July 1, 2012, any references to the Board of Corrections or the Corrections Standards Authority shall refer to the Board of State and Community Corrections. As of that date, the Corrections Standards Authority is abolished.
(b)The mission of the board shall include providing statewide leadership, coordination, and technical assistance to promote effective state and local efforts and partnerships in Californias adult and juvenile criminal justice system, including addressing gang problems, and to promote legal and safe conditions for youth, inmates, and staff in local detention facilities. This mission shall reflect the principle of aligning fiscal policy and correctional practices, including, but not limited to prevention, intervention, suppression, supervision, and incapacitation, to promote a justice investment strategy that fits each county and is consistent with the integrated statewide goal of improved public safety through cost-effective, promising, and evidence-based strategies for managing criminal justice populations.
(c)The board shall regularly seek advice from a balanced range of stakeholders and subject matter experts on issues pertaining to adult corrections, juvenile justice, and gang problems relevant to its mission. Toward this end, the board shall seek to ensure that its efforts (1) are systematically informed by experts and stakeholders with the most specific knowledge concerning the subject matter, (2) include the participation of those who must implement a board decision and are impacted by a board decision, and (3) promote collaboration and innovative problem solving consistent with the mission of the board. The board may create special committees, with the authority to establish working subgroups as necessary, in furtherance of this subdivision to carry out specified tasks and to submit its findings and recommendations from that effort to the board.
(d)The board shall act as the supervisory board of the state planning agency pursuant to federal acts. It shall annually review and approve, or review, revise, and approve, the comprehensive state plan for the improvement of criminal justice and delinquency and gang prevention activities throughout the state, shall establish priorities for the use of funds as are available pursuant to federal acts, and shall approve the expenditure of all funds pursuant to such plans or federal acts, provided that the approval of those expenditures may be granted to single projects or to groups of projects.
(e)It is the intent of the Legislature that any statutory authority conferred on the Corrections Standards Authority or the previously abolished Board of Corrections shall apply to the Board of State and Community Corrections on and after July 1, 2012, unless expressly repealed by the act that added this section. The Board of State and Community Corrections is the successor to the Corrections Standards Authority, and as of July 1, 2012, is vested with all of the authoritys rights, powers, authority, and duties, unless specifically repealed by this act.
(f)For purposes of this chapter, federal acts means Subchapter V of Chapter 46 of the federal Omnibus Crime Control and Safe Streets Act of 1968 (Public Law 90-351, 82 Stat. 197; 42 U.S.C. Sec. 3750 et seq.), the federal Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. Sec. 5601 et seq.), and any act or acts amendatory or supplemental thereto.
SEC. 3.Section 6034 is added to the Penal Code, to read:6034.(a)There is hereby created the position of Director of In-Custody Death Review within the Board of State and Community Corrections. Subject to Senate confirmation, the Governor shall appoint the director to a six-year term.
(b)Commencing July 1, 2024, the director shall review investigations of any death incident, as defined in paragraph (1) of subdivision (a) of Section 832.10, occurring within a local detention facility, as defined in paragraph (2) of subdivision (a) of Section 832.10, and may, upon determination by the board that it is necessary and appropriate, conduct further review of a death incident. Upon that review, the director shall make specific and customized recommendations to the sheriff or administrator of the local detention facility who operates the local detention facility regarding those incidents, including changes to policies, procedures, and practices, facility upgrades, staffing considerations, the delivery of medical and behavioral health services within local detention facilities, and operational and capital funding requirements to address the directors recommendations.
(c)Within 90 days of receipt of the directors recommendations, the sheriff or administrator who operates the local detention facility shall identify the directors recommendations that will be implemented and shall provide a timeline for implementation and the anticipated cost of implementing those recommendations. The sheriff or administrator who operates the local detention facility shall also identify the directors recommendations that will not or cannot be implemented, accompanied by an explanation of why the recommendations will not or cannot be implemented. The Board of State and Community Corrections may call upon the sheriff or administrator who operates the local detention facility to respond to the Board of State and Community Corrections at a regularly scheduled meeting to discuss the recommendations and responses.
(d)The recommendations and responses shall be available to the public. The director and the sheriff or administrator of the local detention facility may, in their discretion, redact these disclosures or otherwise protect the names of individuals, specific locations, or other facts that, if not redacted, might hinder litigation related to the review, compromise the safety and security of staff, inmates, or members of the public, or where disclosure of the information is otherwise prohibited by law. Copies of public reports shall be posted on the Board of State and Community Correctionss internet website.
(e)Commencing July 1, 2024, and upon appropriation by the Legislature for this purpose, the Board of State and Community Corrections shall employ a sufficient number of licensed medical professionals and licensed behavioral health professionals to participate in the reviews described in this section, assist with establishing and implementing health and behavioral health standards for local detention facilities, and review the delivery of medical and behavioral health services within local detention facilities.
SEC. 4.The Legislature finds and declares that Section 3 of this act, which adds Section 6034 to the Penal Code, imposes a limitation on the publics right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:
This section balances the publics right to access information with the need to protect sensitive and confidential information, particularly during a potential ongoing investigation, and to maintain robust oversight over local detention facilities relating to in-custody deaths and the delivery of health care to individuals in custody.
SEC. 5.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
(a)For purposes of this section, the following definitions shall apply:
(1)Death incident means an event where a person has died in the custody or supervision of the local detention facility or where a person who was previously in custody and died within 30 days of being compassionately released. facility.
(2)Local detention facility means any city, county, city and county, or regional jail, camp, court holding facility, private detention facility, or other facility in which persons are incarcerated.
(3)Private detention facility has the same meaning as in Section 7320 of the Government Code.
(4)Person includes, but is not limited to, a custodial officer or health care staff.
(5)Custodial officer means those officers with the rank of deputy, correctional officer, patrol person, or another equivalent sworn or civilian rank whose duties include the supervision of incarcerated or detained persons at a local detention facility.
(6)Health care staff means the health authority, individual, or agency that is designated with responsibility for providing health care in the local detention facility.
(b)Notwithstanding subdivision (a) of Section 832.7, or any other law, any record relating to an investigation conducted by the local detention facility involving a death incident maintained by a local detention facility shall not be confidential and shall be made available for public inspection pursuant to the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code).
(c)Records disclosed under subdivision (b) shall be subject to all of the following:
(1)The record shall include all investigative reports; photographic, audio, and video evidence; transcripts or recordings of interviews; autopsy reports; all materials compiled and presented for review to the district attorney or to any person or body charged with determining whether to file criminal charges against a person, whether the persons action was consistent with law and agency policy for purposes of discipline or administrative action, or what discipline to impose or corrective action to take; documents setting forth findings or recommended findings; and copies of disciplinary records relating to the death incident, including any letters of intent to impose discipline, any documents reflecting modifications of discipline due to the Skelly or grievance process, and letters indicating final imposition of discipline or other documentation reflecting implementation of corrective action.
(2)An agency shall redact a record disclosed pursuant to this section only for any of the following purposes:
(A)To remove personal data or information, such as a home address, telephone number, or identities of family members, other than the peoples names and work-related information.
(B)To preserve the anonymity of whistleblowers, complainants, victims, and witnesses.
(C)To protect confidential medical, financial, or other information of which disclosure is specifically prohibited by federal law or would cause an unwarranted invasion of personal privacy that clearly outweighs the strong public interest in records about possible misconduct.
(D)Where there is a specific, articulable, and particularized reason to believe that disclosure of the record would pose a significant danger to the physical safety of any person.
(3)Notwithstanding paragraph (4), (2), an agency may redact a record disclosed pursuant to this section, including personal identifying information, where, on the facts of the particular case, the public interest served by not disclosing the information clearly outweighs the public interest served by disclosure of the information.
(4)A local detention facility may withhold a record of a death incident described in subdivision (b) that is the subject of an active criminal or administrative investigation, in accordance with any of the following:
(A)(i)During an active criminal investigation, disclosure may be delayed for up to 60 days from the date the death incident occurred or until the district attorney determines whether to file criminal charges related to the death incident, whichever occurs sooner. If a local detention facility delays disclosure pursuant to this clause, the local detention facility shall provide, in writing, the specific basis for the facilitys determination that the interest in delaying disclosure clearly outweighs the public interest in disclosure. This writing shall include the estimated date for disclosure of the withheld information.
(ii)After 60 days from the death incident, the local detention facility may continue to delay the disclosure of records or information if the disclosure could reasonably be expected to interfere with a criminal enforcement proceeding against any person. If an agency delays disclosure pursuant to this clause, the agency shall, at 180-day intervals as necessary, provide, in writing, the specific basis for the agencys determination that disclosure could reasonably be expected to interfere with a criminal enforcement proceeding. The writing shall include the estimated date for the disclosure of the withheld information. Information withheld by the agency shall be disclosed when the specific basis for withholding is resolved, when the investigation or proceeding is no longer active, or by no later than 18 months after the date of the death incident, whichever occurs sooner.
(iii)In an action to compel disclosure brought pursuant to Section 7923.000 of the Government Code, a local detention facility may justify delay by filing an application to seal the basis for withholding, in accordance with Rule 2.550 of the California Rules of Court, or any successor rule, if disclosure of the written basis itself would impact a privilege or compromise a pending investigation. This clause does not prohibit a court from conducting in camera review to determine whether privilege exists.
(B)If criminal charges are filed related to the death incident, the local detention facility may delay the disclosure of records or information until a verdict on those charges is returned at trial or, if a plea of guilty or no contest is entered, the time to withdraw the plea pursuant to Section 1018.
(C)During an administrative investigation into an incident described in subdivision (b), the local detention facility may delay the disclosure of records or information until the facility determines whether the death incident violated a law or agency policy, but no longer than 180 days after the date of the local detention facilitys discovery of the death incident by a person authorized to initiate an investigation. policy.
(5)The cost of copies of records subject to disclosure pursuant to this subdivision that are made available upon the payment of fees covering direct costs of duplication pursuant to subdivision (a) of Section 7922.530 of the Government Code shall not include the costs of searching for, editing, or redacting the records.
(6)Except to the extent temporary withholding for a longer period is permitted pursuant to paragraph (5), (4), records subject to disclosure under this section shall be provided at the earliest possible time and no later than 45 days from the date of a request for their disclosure.
(7)(A)For purposes of releasing records pursuant to this subdivision, the attorney-client privilege does not prohibit the disclosure of either of the following:
(i)Factual information provided by the local detention facility to its attorney or factual information discovered in any investigation conducted by, or on behalf of, the local detention facilitys attorney.
(ii)Billing records related to the work done by the attorney so long as the records do not relate to active and ongoing litigation and do not disclose information for the purpose of legal consultation between the local detention facility and its attorney.
(B)This paragraph does not prohibit the local detention facility from asserting that a record or information within the record is exempted or prohibited from disclosure pursuant to any other federal or state law. However, to the extent that the local detention facility asserts attorney-client privilege or any other prohibitive disclosure provided by federal or state law, the court may conduct in camera review unless prohibited by law.
(d)This section does not affect the discovery or disclosure of information contained in a subject officers personnel file pursuant to Section 1043 of the Evidence Code.
(e)This section does not affect the disclosure of other records provided under this chapter or any other law.
(f)This section does not supersede or affect the criminal discovery process outlined in Chapter 10 (commencing with Section 1054) of Title 6 of Part 2, or the admissibility of personnel records pursuant to Section 832.7, which codifies the court decision in Pitchess v. Superior Court (1974) 11 Cal.3d 531.
(g)Nothing in this chapter is intended to limit the publics right of access as provided for in Long Beach Police Officers Association v. City of Long Beach (2014) 59 Cal.4th 59.
(h)This section shall become operative on July 1, 2024.
SEC. 2.Section 6024 of the Penal Code is amended to read:6024.(a)Commencing July 1, 2012, there is hereby established the Board of State and Community Corrections. The Board of State and Community Corrections shall be an entity independent of the Department of Corrections and Rehabilitation. The Governor may appoint an executive officer of the board, subject to Senate confirmation, who shall hold the office at the pleasure of the Governor. The executive officer shall be the administrative head of the board and shall exercise all duties and functions necessary to ensure that the responsibilities of the board are successfully discharged. As of July 1, 2012, any references to the Board of Corrections or the Corrections Standards Authority shall refer to the Board of State and Community Corrections. As of that date, the Corrections Standards Authority is abolished.
(b)The mission of the board shall include providing statewide leadership, coordination, and technical assistance to promote effective state and local efforts and partnerships in Californias adult and juvenile criminal justice system, including addressing gang problems, and to promote legal and safe conditions for youth, inmates, and staff in local detention facilities. This mission shall reflect the principle of aligning fiscal policy and correctional practices, including, but not limited to prevention, intervention, suppression, supervision, and incapacitation, to promote a justice investment strategy that fits each county and is consistent with the integrated statewide goal of improved public safety through cost-effective, promising, and evidence-based strategies for managing criminal justice populations.
(c)The board shall regularly seek advice from a balanced range of stakeholders and subject matter experts on issues pertaining to adult corrections, juvenile justice, and gang problems relevant to its mission. Toward this end, the board shall seek to ensure that its efforts (1) are systematically informed by experts and stakeholders with the most specific knowledge concerning the subject matter, (2) include the participation of those who must implement a board decision and are impacted by a board decision, and (3) promote collaboration and innovative problem solving consistent with the mission of the board. The board may create special committees, with the authority to establish working subgroups as necessary, in furtherance of this subdivision to carry out specified tasks and to submit its findings and recommendations from that effort to the board.
(d)The board shall act as the supervisory board of the state planning agency pursuant to federal acts. It shall annually review and approve, or review, revise, and approve, the comprehensive state plan for the improvement of criminal justice and delinquency and gang prevention activities throughout the state, shall establish priorities for the use of funds as are available pursuant to federal acts, and shall approve the expenditure of all funds pursuant to such plans or federal acts, provided that the approval of those expenditures may be granted to single projects or to groups of projects.
(e)It is the intent of the Legislature that any statutory authority conferred on the Corrections Standards Authority or the previously abolished Board of Corrections shall apply to the Board of State and Community Corrections on and after July 1, 2012, unless expressly repealed by the act that added this section. The Board of State and Community Corrections is the successor to the Corrections Standards Authority, and as of July 1, 2012, is vested with all of the authoritys rights, powers, authority, and duties, unless specifically repealed by this act.
(f)For purposes of this chapter, federal acts means Subchapter V of Chapter 46 of the federal Omnibus Crime Control and Safe Streets Act of 1968 (Public Law 90-351, 82 Stat. 197; 42 U.S.C. Sec. 3750 et seq.), the federal Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. Sec. 5601 et seq.), and any act or acts amendatory or supplemental thereto.
SEC. 3.Section 6034 is added to the Penal Code, to read:6034.(a)There is hereby created the independent Office of the Local Detention Monitor within the Board of State and Community Corrections. The Governor shall appoint, subject to confirmation by the Senate, the Local Detention Monitor to a six-year term. The Local Detention Monitor shall not be removed from office during that term, except for good cause.(b)The Local Detention Monitor shall be responsible for oversight of conditions in local detention facilities, as defined in Section 832.10, pursuant to subdivision (g) under policies to be developed by the Local Detention Monitor.(c)When requested by the Governor, the Senate Committee on Rules, the Speaker of the Assembly, or a Board of Supervisors by a resolution, the Local Detention Monitor shall initiate an audit or review of policies, practices, and procedures of the local detention facility pursuant to subdivision (g). Following a completed audit or review, the Local Detention Monitor may perform a followup audit or review to determine what measures the department implemented to address the Local Detention Monitors findings and to assess the effectiveness of those measures.(d)(1)Upon completion of an audit or review pursuant to subdivision (c), the Local Detention Monitor shall prepare and submit a written report, which may be held as confidential and disclosed in confidence, along with all underlying materials the Local Detention Monitor deems appropriate, to the Board of State and Community Corrections, the audited local detention facility, and the requesting entity in subdivision (c).(2)The Local Detention Monitor shall also prepare a public report. When necessary, the public report shall differ from the complete written report only in the respect that the Local Detention Monitor shall have the discretion to redact or otherwise protect the names of individuals, specific locations, or other facts that, if not redacted, might hinder prosecution related to the review, compromise the safety and security of staff, inmates, or members of the public, or where disclosure of the information is otherwise prohibited by law, and to decline to produce any of the underlying materials. Copies of public reports shall be posted on the Board of State and Community Corrections internet website.(3)The board may call upon the local detention facility to respond at a regularly scheduled meeting to discuss the audit findings or report.(e)The Local Detention Monitor shall, during the course of an audit or review, identify areas of full and partial compliance or noncompliance with local detention facility policies and procedures, specify deficiencies in the completion and documentation of processes, and recommend corrective actions, including, but not limited to, additional training, additional policies, or changes in policy, as well as any other findings or recommendations that the Local Detention Monitor deems appropriate.(f)The Local Detention Monitor shall, in consultation with the board and the Department of Finance, develop a methodology for producing a workload budget to be used for annually adjusting the Local Detention Monitors budget, beginning with the budget for the 202526 fiscal year.(g)The Local Detention Monitor shall have authority of public oversight of a local detention facility in matters relating to both of the following:(1)In-custody deaths.(2)Delivery of medical and mental health care.(h)In conducting the audits authorized pursuant to this section, the Local Detention Monitor shall apply objective, clinically appropriate, and metric-oriented evaluation.(i)The Local Detention Monitor shall not hire a person known to be considered a suspect or subject in an investigation being conducted by a federal, state, or local agency.(j)The Local Detention Monitor shall not destroy any papers or memoranda used to support a completed review within three years after a report is released.(k)Except as provided in subdivision (l), all books, papers, records, and correspondence of the office pertaining to its work are public records subject to Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code and shall be filed at any of the regularly maintained offices of the Local Detention Monitor.(l)The following books, papers, records, and correspondence of the Local Detention Monitor pertaining to its work are not public records subject to Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code, nor shall they be subject to discovery pursuant to any provision of Title 3 (commencing with Section 1985) of Part 4 of the Code of Civil Procedure or Chapter 7 (commencing with Section 19570) of Part 2 of Division 5 of Title 2 of the Government Code in any manner:(1)All reports, papers, correspondence, memoranda, electronic communications, or other documents that are otherwise exempt from disclosure under all other applicable laws regarding confidentiality, including, but not limited to, the California Public Records Act, the Public Safety Officers Procedural Bill of Rights, the Information Practices Act of 1977, the Confidentiality of Medical Information Act of 1977, and the provisions of Section 832.7, relating to the disposition notification for complaints against peace officers.(2)Any papers, correspondence, memoranda, electronic communications, or other documents pertaining to any audit or review that has not been completed.(3)Any papers, correspondence, memoranda, electronic communications, or other documents pertaining to internal discussions between the Local Detention Monitor and the Local Detention Monitors staff, or between staff members of the Local Detention Monitor, or any personal notes of the Local Detention Monitor or the Local Detention Monitors staff.(4)All identifying information, and any personal papers or correspondence from any person requesting assistance from the Local Detention Monitor, except in those cases where the Local Detention Monitor determines that disclosure of the information is necessary in the interests of justice.(m)The Local Detention Monitor, or any employee or former employee of the Local Detention Monitor, shall not divulge or make known in any manner not expressly permitted by law to any person not employed by the Local Detention Monitor any particulars of any record, document, or information the disclosure of which is restricted by law from release to the public. This prohibition is also applicable to any person who has been furnished a draft copy of any report for comment or review or any person or business entity that is contracting with or has contracted with the Local Detention Monitor and to the employees and former employees of that person or business entity or the employees of any state agency or public entity that has assisted the Local Detention Monitor in connection with duties authorized by this chapter.(n)Notwithstanding any other law, the Local Detention Monitor during regular business hours or at any other time determined necessary by the Local Detention Monitor, shall have access to and authority to examine and reproduce any and all books, accounts, reports, vouchers, correspondence files, documents, and other records, and to examine the bank accounts, money, or other property of the local detention facility in connection with duties authorized by this chapter. Any officer or employee of any agency or entity having these records or property in their possession or under their control shall permit access to, and examination and reproduction thereof consistent with the provisions of this section, upon the request of the Local Detention Monitor or the Local Detention Monitors authorized representative.(o)In connection with duties authorized by this chapter, the Local Detention Monitor or the Local Detention Monitors authorized representative shall have access to the records and property of any public or private entity or person subject to review or regulation by the public agency or public entity to the same extent that employees or officers of that agency or public entity have access. No provision of law, memorandum of understanding, or any other agreement entered into between the employing entity and the employee or the employees representative providing for the confidentiality or privilege of any records or property shall prevent disclosure pursuant to subdivision (n). Access, examination, and reproduction consistent with the provisions of this section shall not result in the waiver of any confidentiality or privilege regarding any records or property.(p)An officer or person shall not fail to or refuse to permit access, examination, or reproduction, as required by this section.(q)The Local Detention Monitor may require any employee or contractor of the local detention facility to be interviewed on a confidential basis. Any employee or contractor requested to be interviewed shall comply and shall have time afforded by the appointing authority for the purpose of an interview with the Local Detention Monitor or the Local Detention Monitors designee. The Local Detention Monitor shall have the discretion to redact the name or other identifying information of any person interviewed from any public report issued, where required by law or where the failure to redact the information may hinder prosecution or an action in a criminal, civil, or administrative proceeding, or where the Local Detention Monitor determines that disclosure of the information is not in the interests of justice. It is not the purpose of these communications to address disciplinary action or grievance procedures that may routinely occur. When conducting an investigation into allegations that an employee of the local detention facility engaged in misconduct relating to issues under subdivision (g), the Local Detention Monitor shall comply with Sections 3303, 3307, 3307.5, 3308, 3309, and subdivisions (a) to (d), inclusive, of Section 3309.5 of the Government Code, except that the Local Detention Monitor shall not be subject to the provisions of any memorandum of understanding or other agreement entered into between the employing entity and the employee or the employees representative that is in conflict with, or adds to the requirements of, Sections 3303, 3307, 3307.5, 3308, 3309, and subdivisions (a) to (d), inclusive, of Section 3309.5 of the Government Code.(r)Notwithstanding Section 10231.5 of the Government Code, the Local Detention Monitor shall report annually to the Governor and the Legislature a summary of its reports. The summary shall be posted on the Board of State and Community Corrections internet website and otherwise made available to the public upon its release to the Governor and the Legislature. The summary shall include, but not be limited to, significant problems discovered by the office, and whether recommendations the office has made have been implemented.(s)(1)The requirement for submitting a report imposed under subdivision (r) is inoperative on January 1, 2028, pursuant to Section 10231.5 of the Government Code.(2)A report to be submitted pursuant to subdivision (r) shall be submitted in compliance with Section 9795 of the Government Code.SEC. 3.Section 6034 is added to the Penal Code, to read:6034.(a)There is hereby created the position of Director of In-Custody Death Review within the Board of State and Community Corrections. Subject to Senate confirmation, the Governor shall appoint the director to a six-year term.
(b)Commencing July 1, 2024, the director shall review investigations of any death incident, as defined in paragraph (1) of subdivision (a) of Section 832.10, occurring within a local detention facility, as defined in paragraph (2) of subdivision (a) of Section 832.10, and may, upon determination by the board that it is necessary and appropriate, conduct further review of a death incident. Upon that review, the director shall make specific and customized recommendations to the sheriff or administrator of the local detention facility who operates the local detention facility regarding those incidents, including changes to policies, procedures, and practices, facility upgrades, staffing considerations, the delivery of medical and behavioral health services within local detention facilities, and operational and capital funding requirements to address the directors recommendations.
(c)Within 90 days of receipt of the directors recommendations, the sheriff or administrator who operates the local detention facility shall identify the directors recommendations that will be implemented and shall provide a timeline for implementation and the anticipated cost of implementing those recommendations. The sheriff or administrator who operates the local detention facility shall also identify the directors recommendations that will not or cannot be implemented, accompanied by an explanation of why the recommendations will not or cannot be implemented. The Board of State and Community Corrections may call upon the sheriff or administrator who operates the local detention facility to respond to the Board of State and Community Corrections at a regularly scheduled meeting to discuss the recommendations and responses.
(d)The recommendations and responses shall be available to the public. The director and the sheriff or administrator of the local detention facility may, in their discretion, redact these disclosures or otherwise protect the names of individuals, specific locations, or other facts that, if not redacted, might hinder litigation related to the review, compromise the safety and security of staff, inmates, or members of the public, or where disclosure of the information is otherwise prohibited by law. Copies of public reports shall be posted on the Board of State and Community Correctionss internet website.
(e)Commencing July 1, 2024, and upon appropriation by the Legislature for this purpose, the Board of State and Community Corrections shall employ a sufficient number of licensed medical professionals and licensed behavioral health professionals to participate in the reviews described in this section, assist with establishing and implementing health and behavioral health standards for local detention facilities, and review the delivery of medical and behavioral health services within local detention facilities.
SEC. 4.The Legislature finds and declares that Section 3 of this act, which adds Section 6034 to the Penal Code, imposes a limitation on the publics right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:
This section balances the publics right to access information with the need to protect sensitive and confidential information, particularly during a potential ongoing investigation, and to maintain robust oversight over local detention facilities relating to in-custody deaths and the delivery of health care to individuals in custody.
SEC. 5.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
(a)For purposes of this section, the following definitions shall apply:
(1)Death incident means an event where a person has died in the custody or supervision of the local detention facility or where a person who was previously in custody and died within 30 days of being compassionately released.
(2)Local detention facility means any city, county, city and county, or regional jail, camp, court holding facility, private detention facility, or other facility, used for confinement or correctional holding of adults or of both adults and minors, but does not include that portion of a facility for confinement of both adults and minors that is devoted only to the confinement of minors. facility in which persons are incarcerated.
(3)Private detention facility has the same meaning as in Section 7320 of the Government Code.
(4)Person includes, but is not limited to, a custodial officer or health care staff.
(5)Custodial officer means those officers with the rank of deputy, correctional officer, patrol person, or another equivalent sworn or civilian rank whose duties include the supervision of incarcerated or detained persons at a local detention facility.
(6)Health care staff means the health authority, individual, or agency that is designated with responsibility for providing health care in the local detention facility.
(b)Notwithstanding subdivision (a) of Section 832.7, or any other law, the following records any record relating to an investigation conducted by the local detention facility involving a death incident maintained by a local detention facility shall not be confidential and shall be made available for public inspection pursuant to the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code): Code).
Any record relating to an investigation conducted by the local detention facility involving a death incident.(c)Records disclosed under subdivision (b) shall be subject to all of the following:
(1)The record shall include all investigative reports; photographic, audio, and video evidence; transcripts or recordings of interviews; autopsy reports; all materials compiled and presented for review to the district attorney or to any person or body charged with determining whether to file criminal charges against a person, whether the persons action was consistent with law and agency policy for purposes of discipline or administrative action, or what discipline to impose or corrective action to take; documents setting forth findings or recommended findings; and copies of disciplinary records relating to the death incident, including any letters of intent to impose discipline, any documents reflecting modifications of discipline due to the Skelly or grievance process, and letters indicating final imposition of discipline or other documentation reflecting implementation of corrective action.
(2)An agency shall redact a record disclosed pursuant to this section only for any of the following purposes:
(A)To remove personal data or information, such as a home address, telephone number, or identities of family members, other than the peoples names and work-related information.
(B)To preserve the anonymity of whistleblowers, complainants, victims, and witnesses.
(C)To protect confidential medical, financial, or other information of which disclosure is specifically prohibited by federal law or would cause an unwarranted invasion of personal privacy that clearly outweighs the strong public interest in records about possible misconduct.
(D)Where there is a specific, articulable, and particularized reason to believe that disclosure of the record would pose a significant danger to the physical safety of any person.
(3)Notwithstanding paragraph (4), an agency may redact a record disclosed pursuant to this section, including personal identifying information, where, on the facts of the particular case, the public interest served by not disclosing the information clearly outweighs the public interest served by disclosure of the information.
(4)A local detention facility may withhold a record of a death incident described in paragraph (1) of subdivision (b) that is the subject of an active criminal or administrative investigation, in accordance with any of the following:
(A)(i)During an active criminal investigation, disclosure may be delayed for up to 60 days from the date the death incident occurred or until the district attorney determines whether to file criminal charges related to the death incident, whichever occurs sooner. If a local detention facility delays disclosure pursuant to this clause, the local detention facility shall provide, in writing, the specific basis for the facilitys determination that the interest in delaying disclosure clearly outweighs the public interest in disclosure. This writing shall include the estimated date for disclosure of the withheld information.
(ii)After 60 days from the death incident, the local detention facility may continue to delay the disclosure of records or information if the disclosure could reasonably be expected to interfere with a criminal enforcement proceeding against any person. If an agency delays disclosure pursuant to this clause, the agency shall, at 180-day intervals as necessary, provide, in writing, the specific basis for the agencys determination that disclosure could reasonably be expected to interfere with a criminal enforcement proceeding. The writing shall include the estimated date for the disclosure of the withheld information. Information withheld by the agency shall be disclosed when the specific basis for withholding is resolved, when the investigation or proceeding is no longer active, or by no later than 18 months after the date of the death incident, whichever occurs sooner.
(iii)In an action to compel disclosure brought pursuant to Section 7923.000 of the Government Code, a local detention facility may justify delay by filing an application to seal the basis for withholding, in accordance with Rule 2.550 of the California Rules of Court, or any successor rule, if disclosure of the written basis itself would impact a privilege or compromise a pending investigation. This clause does not prohibit a court from conducting in camera review to determine whether privilege exists.
(B)If criminal charges are filed related to the death incident, the local detention facility may delay the disclosure of records or information until a verdict on those charges is returned at trial or, if a plea of guilty or no contest is entered, the time to withdraw the plea pursuant to Section 1018.
(C)During an administrative investigation into an incident described in paragraphs (1) and (2) of subdivision (b), the local detention facility may delay the disclosure of records or information until the facility determines whether the death incident violated a law or agency policy, but no longer than 180 days after the date of the local detention facilitys discovery of the death incident by a person authorized to initiate an investigation.
(5)A record of a complaint, or the investigations, findings, or dispositions of that complaint, shall not be released pursuant to this section if the complaint is frivolous, as defined in Section 128.5 of the Code of Civil Procedure, or if the complaint is unfounded. (6)(5)The cost of copies of records subject to disclosure pursuant to this subdivision that are made available upon the payment of fees covering direct costs of duplication pursuant to subdivision (a) of Section 7922.530 of the Government Code shall not include the costs of searching for, editing, or redacting the records.
(7)(6)Except to the extent temporary withholding for a longer period is permitted pursuant to paragraph (6), (5), records subject to disclosure under this section shall be provided at the earliest possible time and no later than 45 days from the date of a request for their disclosure.
(8)(7)(A)For purposes of releasing records pursuant to this subdivision, the attorney-client privilege does not prohibit the disclosure of either of the following:
(i)Factual information provided by the local detention facility to its attorney or factual information discovered in any investigation conducted by, or on behalf of, the local detention facilitys attorney.
(ii)Billing records related to the work done by the attorney so long as the records do not relate to active and ongoing litigation and do not disclose information for the purpose of legal consultation between the local detention facility and its attorney.
(B)This paragraph does not prohibit the local detention facility from asserting that a record or information within the record is exempted or prohibited from disclosure pursuant to any other federal or state law. However, to the extent that the local detention facility asserts attorney-client privilege or any other prohibitive disclosure provided by federal or state law, the court may conduct in camera review unless prohibited by law.
(d)This section does not affect the discovery or disclosure of information contained in a subject officers personnel file pursuant to Section 1043 of the Evidence Code.
(e)This section does not affect the disclosure of other records provided under this chapter or any other law.
(f)This section does not supersede or affect the criminal discovery process outlined in Chapter 10 (commencing with Section 1054) of Title 6 of Part 2, or the admissibility of personnel records pursuant to Section 832.7, which codifies the court decision in Pitchess v. Superior Court (1974) 11 Cal.3d 531.
(g)Nothing in this chapter is intended to limit the publics right of access as provided for in Long Beach Police Officers Association v. City of Long Beach (2014) 59 Cal.4th 59.
(h)This section shall become operative on July 1, 2024.
SEC. 2.Section 6024 of the Penal Code is amended to read:6024.(a)Commencing July 1, 2012, there is hereby established the Board of State and Community Corrections. The Board of State and Community Corrections shall be an entity independent of the Department of Corrections and Rehabilitation. The Governor may appoint an executive officer of the board, subject to Senate confirmation, who shall hold the office at the pleasure of the Governor. The executive officer shall be the administrative head of the board and shall exercise all duties and functions necessary to ensure that the responsibilities of the board are successfully discharged. As of July 1, 2012, any references to the Board of Corrections or the Corrections Standards Authority shall refer to the Board of State and Community Corrections. As of that date, the Corrections Standards Authority is abolished.
(b)The mission of the board shall include providing statewide leadership, coordination, and technical assistance to promote effective state and local efforts and partnerships in Californias adult and juvenile criminal justice system, including addressing gang problems, and to promote legal and safe conditions for youth, inmates, and staff in local detention facilities. This mission shall reflect the principle of aligning fiscal policy and correctional practices, including, but not limited to prevention, intervention, suppression, supervision, and incapacitation, to promote a justice investment strategy that fits each county and is consistent with the integrated statewide goal of improved public safety through cost-effective, promising, and evidence-based strategies for managing criminal justice populations.
(c)The board shall regularly seek advice from a balanced range of stakeholders and subject matter experts on issues pertaining to adult corrections, juvenile justice, and gang problems relevant to its mission. Toward this end, the board shall seek to ensure that its efforts (1) are systematically informed by experts and stakeholders with the most specific knowledge concerning the subject matter, (2) include the participation of those who must implement a board decision and are impacted by a board decision, and (3) promote collaboration and innovative problem solving consistent with the mission of the board. The board may create special committees, with the authority to establish working subgroups as necessary, in furtherance of this subdivision to carry out specified tasks and to submit its findings and recommendations from that effort to the board.
(d)The board shall act as the supervisory board of the state planning agency pursuant to federal acts. It shall annually review and approve, or review, revise, and approve, the comprehensive state plan for the improvement of criminal justice and delinquency and gang prevention activities throughout the state, shall establish priorities for the use of funds as are available pursuant to federal acts, and shall approve the expenditure of all funds pursuant to such plans or federal acts, provided that the approval of those expenditures may be granted to single projects or to groups of projects.
(e)It is the intent of the Legislature that any statutory authority conferred on the Corrections Standards Authority or the previously abolished Board of Corrections shall apply to the Board of State and Community Corrections on and after July 1, 2012, unless expressly repealed by the act that added this section. The Board of State and Community Corrections is the successor to the Corrections Standards Authority, and as of July 1, 2012, is vested with all of the authoritys rights, powers, authority, and duties, unless specifically repealed by this act.
(f)For purposes of this chapter, federal acts means Subchapter V of Chapter 46 of the federal Omnibus Crime Control and Safe Streets Act of 1968 (Public Law 90-351, 82 Stat. 197; 42 U.S.C. Sec. 3750 et seq.), the federal Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. Sec. 5601 et seq.), and any act or acts amendatory or supplemental thereto.
SEC. 3.Section 6034 is added to the Penal Code, to read:6034.(a)There is hereby created the independent Office of the Local Detention Monitor within the Board of State and Community Corrections. The Governor shall appoint, subject to confirmation by the Senate, the Local Detention Monitor to a six-year term. The Local Detention Monitor shall not be removed from office during that term, except for good cause.
(b)The Local Detention Monitor shall be responsible for oversight of conditions in local detention facilities, as defined in Section 832.10, pursuant to subdivision (g) under policies to be developed by the Local Detention Monitor.
(c)When requested by the Governor, the Senate Committee on Rules, the Speaker of the Assembly, or a Board of Supervisors by a resolution, the Local Detention Monitor shall initiate an audit or review of policies, practices, and procedures of the local detention facility pursuant to subdivision (g). Following a completed audit or review, the Local Detention Monitor may perform a followup audit or review to determine what measures the department implemented to address the Local Detention Monitors findings and to assess the effectiveness of those measures.
(d)(1)Upon completion of an audit or review pursuant to subdivision (c), the Local Detention Monitor shall prepare and submit a written report, which may be held as confidential and disclosed in confidence, along with all underlying materials the Local Detention Monitor deems appropriate, to the Board of State and Community Corrections, the audited local detention facility, and the requesting entity in subdivision (c).
(2)The Local Detention Monitor shall also prepare a public report. When necessary, the public report shall differ from the complete written report only in the respect that the Local Detention Monitor shall have the discretion to redact or otherwise protect the names of individuals, specific locations, or other facts that, if not redacted, might hinder prosecution related to the review, compromise the safety and security of staff, inmates, or members of the public, or where disclosure of the information is otherwise prohibited by law, and to decline to produce any of the underlying materials. Copies of public reports shall be posted on the boards Board of State and Community Corrections internet website.
(3)The board may call upon the local detention facility to respond at a regularly scheduled meeting to discuss the audit findings or report.
(e)The Local Detention Monitor shall, during the course of an audit or review, identify areas of full and partial compliance or noncompliance with local detention facility policies and procedures, specify deficiencies in the completion and documentation of processes, and recommend corrective actions, including, but not limited to, additional training, additional policies, or changes in policy, as well as any other findings or recommendations that the Local Detention Monitor deems appropriate.
(f)The Local Detention Monitor shall, in consultation with the board and the Department of Finance, develop a methodology for producing a workload budget to be used for annually adjusting the Local Detention Monitors budget, beginning with the budget for the 202526 fiscal year.
(g)The Local Detention Monitor shall have authority of public oversight of a local detention facility in matters relating to both of the following:
(1)In-custody deaths.
(2)Delivery of medical and mental health care.
(h)In conducting the audits authorized pursuant to this section, the Local Detention Monitor shall apply objective, clinically appropriate, and metric-oriented evaluation.
(i)The Local Detention Monitor shall not hire a person known to be considered a suspect or subject in an investigation being conducted by a federal, state, or local agency.
(j)The Local Detention Monitor shall not destroy any papers or memoranda used to support a completed review within three years after a report is released.
(k)Except as provided in subdivision (l), all books, papers, records, and correspondence of the office pertaining to its work are public records subject to Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code and shall be filed at any of the regularly maintained offices of the Inspector General. Local Detention Monitor.
(l)The following books, papers, records, and correspondence of the Local Detention Monitor pertaining to its work are not public records subject to Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code, nor shall they be subject to discovery pursuant to any provision of Title 3 (commencing with Section 1985) of Part 4 of the Code of Civil Procedure or Chapter 7 (commencing with Section 19570) of Part 2 of Division 5 of Title 2 of the Government Code in any manner:
(1)All reports, papers, correspondence, memoranda, electronic communications, or other documents that are otherwise exempt from disclosure under all other applicable laws regarding confidentiality, including, but not limited to, the California Public Records Act, the Public Safety Officers Procedural Bill of Rights, the Information Practices Act of 1977, the Confidentiality of Medical Information Act of 1977, and the provisions of Section 832.7, relating to the disposition notification for complaints against peace officers.
(2)Any papers, correspondence, memoranda, electronic communications, or other documents pertaining to any audit or review that has not been completed.
(3)Any papers, correspondence, memoranda, electronic communications, or other documents pertaining to internal discussions between the Local Detention Monitor and the Local Detention Monitors staff, or between staff members of the Local Detention Monitor, or any personal notes of the Local Detention Monitor or the Local Detention Monitors staff.
(4)All identifying information, and any personal papers or correspondence from any person requesting assistance from the Local Detention Monitor, except in those cases where the Local Detention Monitor determines that disclosure of the information is necessary in the interests of justice.
(m)The Local Detention Monitor, or any employee or former employee of the Local Detention Monitor, shall not divulge or make known in any manner not expressly permitted by law to any person not employed by the Local Detention Monitor any particulars of any record, document, or information the disclosure of which is restricted by law from release to the public. This prohibition is also applicable to any person who has been furnished a draft copy of any report for comment or review or any person or business entity that is contracting with or has contracted with the Local Detention Monitor and to the employees and former employees of that person or business entity or the employees of any state agency or public entity that has assisted the Inspector General Local Detention Monitor in connection with duties authorized by this chapter.
(n)Notwithstanding any other law, the Local Detention Monitor during regular business hours or at any other time determined necessary by the Local Detention Monitor, shall have access to and authority to examine and reproduce any and all books, accounts, reports, vouchers, correspondence files, documents, and other records, and to examine the bank accounts, money, or other property of the local detention facility in connection with duties authorized by this chapter. Any officer or employee of any agency or entity having these records or property in their possession or under their control shall permit access to, and examination and reproduction thereof consistent with the provisions of this section, upon the request of the Local Detention Monitor or the Local Detention Monitors authorized representative.
(o)In connection with duties authorized by this chapter, the Local Detention Monitor or the Local Detention Monitors authorized representative shall have access to the records and property of any public or private entity or person subject to review or regulation by the public agency or public entity to the same extent that employees or officers of that agency or public entity have access. No provision of law, memorandum of understanding, or any other agreement entered into between the employing entity and the employee or the employees representative providing for the confidentiality or privilege of any records or property shall prevent disclosure pursuant to subdivision (n). Access, examination, and reproduction consistent with the provisions of this section shall not result in the waiver of any confidentiality or privilege regarding any records or property.
(p)An officer or person shall not fail to or refuse to permit access, examination, or reproduction, as required by this section.
(q)The Local Detention Monitor may require any employee or contractor of the local detention facility to be interviewed on a confidential basis. Any employee or contractor requested to be interviewed shall comply and shall have time afforded by the appointing authority for the purpose of an interview with the Local Detention Monitor or the Local Detention Monitors designee. The Local Detention Monitor shall have the discretion to redact the name or other identifying information of any person interviewed from any public report issued, where required by law or where the failure to redact the information may hinder prosecution or an action in a criminal, civil, or administrative proceeding, or where the Local Detention Monitor determines that disclosure of the information is not in the interests of justice. It is not the purpose of these communications to address disciplinary action or grievance procedures that may routinely occur. When conducting an investigation into allegations that an employee of the local detention facility engaged in misconduct relating to issues under subdivision (g), the Local Detention Monitor shall comply with Sections 3303, 3307, 3307.5, 3308, 3309, and subdivisions (a) to (d), inclusive, of Section 3309.5 of the Government Code, except that the Local Detention Monitor shall not be subject to the provisions of any memorandum of understanding or other agreement entered into between the employing entity and the employee or the employees representative that is in conflict with, or adds to the requirements of, Sections 3303, 3307, 3307.5, 3308, 3309, and subdivisions (a) to (d), inclusive, of Section 3309.5 of the Government Code.
(r)Notwithstanding Section 10231.5 of the Government Code, the Local Detention Monitor shall report annually to the Governor and the Legislature a summary of its reports. The summary shall be posted on the Board of State and Community Correctionss Corrections internet website and otherwise made available to the public upon its release to the Governor and the Legislature. The summary shall include, but not be limited to, significant problems discovered by the office, and whether recommendations the office has made have been implemented.
(s)(1)The requirement for submitting a report imposed under subdivision (r) is inoperative on January 1, 2028, pursuant to Section 10231.5 of the Government Code.
(2)A report to be submitted pursuant to subdivision (r) shall be submitted in compliance with Section 9795 of the Government Code.
SEC. 4.The Legislature finds and declares that Section 3 of this act, which adds Section 6034 to the Penal Code, imposes a limitation on the publics right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:
This section balances the publics right to access information with the need to protect sensitive and confidential information, particularly during a potential ongoing investigation, and to maintain robust oversight over local detention facilities relating to in-custody deaths and the delivery of health care to individuals in custody.
SEC. 5.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
(a)For purposes of this section, the following definitions shall apply:
(1)Death incident means an event where a person has died in the custody or supervision of the local detention facility or where a person who was previously in custody and died within 30 days of being compassionately released.
(2)Local detention facility means any city, county, city and county, or regional jail, camp, court holding facility, private detention facility, or other facility, used for confinement or correctional holding of adults or of both adults and minors, but does not include that portion of a facility for confinement of both adults and minors that is devoted only to the confinement of minors.
(3)Private detention facility has the same meaning as in Section 7320 of the Government Code.
(4)Subject officer means a custodial officer, or responsible health care staff, against whom possible misconduct was alleged or whose actions were reviewed during an administrative or criminal investigation of a death incident.(4)Person includes, but is not limited to, a custodial officer or health care staff.
(5)Custodial officer means those officers with the rank of deputy, correctional officer, patrol person, or another equivalent sworn or civilian rank whose duties include the supervision of incarcerated or detained persons at a local detention facility.
(6)Responsible health Health care staff means the health authority, individual, or agency that is designated with responsibility for providing health care in the local detention facility.
(b)Notwithstanding subdivision (a) of Section 832.7, or any other law, the following records maintained by a local detention facility shall not be confidential and shall be made available for public inspection pursuant to the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code):
(1)Any
Any record relating to an investigation conducted by the local detention facility involving a death incident.
(2)Any local detention facility personnel record of a subject officer.(c)Records disclosed under subdivision (b) shall be subject to all of the following:
(1)The record shall include all investigative reports; photographic, audio, and video evidence; transcripts or recordings of interviews; autopsy reports; all materials compiled and presented for review to the district attorney or to any person or body charged with determining whether to file criminal charges against a subject officer, person, whether the subject officers persons action was consistent with law and agency policy for purposes of discipline or administrative action, or what discipline to impose or corrective action to take; documents setting forth findings or recommended findings; and copies of disciplinary records relating to the death incident, including any letters of intent to impose discipline, any documents reflecting modifications of discipline due to the Skelly or grievance process, and letters indicating final imposition of discipline or other documentation reflecting implementation of corrective action.
(2)The record shall include instances where the subject officer resigned before the local detention facility or oversight agency concluded its investigation into the death incident.(3)A record from a separate and prior investigation or assessment of a separate death incident shall not be released unless it is independently subject to disclosure pursuant to this subdivision. (4)(2)An agency shall redact a record disclosed pursuant to this section only for any of the following purposes:
(A)To remove personal data or information, such as a home address, telephone number, or identities of family members, other than the peoples names and work-related information of subject officers. information.
(B)To preserve the anonymity of whistleblowers, complainants, victims, and witnesses.
(C)To protect confidential medical, financial, or other information of which disclosure is specifically prohibited by federal law or would cause an unwarranted invasion of personal privacy that clearly outweighs the strong public interest in records about possible misconduct by subject officers. misconduct.
(D)Where there is a specific, articulable, and particularized reason to believe that disclosure of the record would pose a significant danger to the physical safety of the subject officer, or another person. any person.
(5)(3)Notwithstanding paragraph (4), an agency may redact a record disclosed pursuant to this section, including personal identifying information, where, on the facts of the particular case, the public interest served by not disclosing the information clearly outweighs the public interest served by disclosure of the information.
(6)(4)A local detention facility may withhold a record of a death incident described in paragraphs (1) and (2) paragraph (1) of subdivision (b) that is the subject of an active criminal or administrative investigation, in accordance with any of the following:
(A)(i)During an active criminal investigation, disclosure may be delayed for up to 60 days from the date the death incident occurred or until the district attorney determines whether to file criminal charges related to the death incident, whichever occurs sooner. If a local detention facility delays disclosure pursuant to this clause, the local detention facility shall provide, in writing, the specific basis for the facilitys determination that the interest in delaying disclosure clearly outweighs the public interest in disclosure. This writing shall include the estimated date for disclosure of the withheld information.
(ii)After 60 days from the death incident, the local detention facility may continue to delay the disclosure of records or information if the disclosure could reasonably be expected to interfere with a criminal enforcement proceeding against a subject officer. any person. If an agency delays disclosure pursuant to this clause, the agency shall, at 180-day intervals as necessary, provide, in writing, the specific basis for the agencys determination that disclosure could reasonably be expected to interfere with a criminal enforcement proceeding. The writing shall include the estimated date for the disclosure of the withheld information. Information withheld by the agency shall be disclosed when the specific basis for withholding is resolved, when the investigation or proceeding is no longer active, or by no later than 18 months after the date of the death incident, whichever occurs sooner.
(iii)In an action to compel disclosure brought pursuant to Section 7923.000 of the Government Code, a local detention facility may justify delay by filing an application to seal the basis for withholding, in accordance with Rule 2.550 of the California Rules of Court, or any successor rule, if disclosure of the written basis itself would impact a privilege or compromise a pending investigation. This clause does not prohibit a court from conducting in camera review to determine whether privilege exists.
(B)If criminal charges are filed related to the death incident, the local detention facility may delay the disclosure of records or information until a verdict on those charges is returned at trial or, if a plea of guilty or no contest is entered, the time to withdraw the plea pursuant to Section 1018.
(C)During an administrative investigation into an incident described in paragraphs (1) and (2) of subdivision (b), the local detention facility may delay the disclosure of records or information until the facility determines whether the death incident violated a law or agency policy, but no longer than 180 days after the date of the local detention facilitys discovery of the death incident by a person authorized to initiate an investigation.
(7)(5)A record of a complaint, or the investigations, findings, or dispositions of that complaint, shall not be released pursuant to this section if the complaint is frivolous, as defined in Section 128.5 of the Code of Civil Procedure, or if the complaint is unfounded.
(8)(6)The cost of copies of records subject to disclosure pursuant to this subdivision that are made available upon the payment of fees covering direct costs of duplication pursuant to subdivision (a) of Section 7922.530 of the Government Code shall not include the costs of searching for, editing, or redacting the records.
(9)(7)Except to the extent temporary withholding for a longer period is permitted pursuant to paragraph (6), records subject to disclosure under this section shall be provided at the earliest possible time and no later than 45 days from the date of a request for their disclosure.
(10)(8)(A)For purposes of releasing records pursuant to this subdivision, the attorney-client privilege does not prohibit the disclosure of either of the following:
(i)Factual information provided by the local detention facility to its attorney or factual information discovered in any investigation conducted by, or on behalf of, the local detention facilitys attorney.
(ii)Billing records related to the work done by the attorney so long as the records do not relate to active and ongoing litigation and do not disclose information for the purpose of legal consultation between the local detention facility and its attorney.
(B)This paragraph does not prohibit the local detention facility from asserting that a record or information within the record is exempted or prohibited from disclosure pursuant to any other federal or state law. However, to the extent that the local detention facility asserts attorney-client privilege or any other prohibitive disclosure provided by federal or state law, the court may conduct in camera review unless prohibited by law.
(d)Notwithstanding Section 832.7, the local detention facility may do any of the following:(1)Release to the complaining party a copy of the complaining partys own statements at the time the complaint is filed.(2)Disseminate data regarding the number, type, or disposition of complaints made against its subject officers if that information is in a form that does not identify the individuals involved.(3)Release factual information concerning a disciplinary investigation if the subject officer who is the subject of the disciplinary investigation, or the officers agent or representative, publicly makes a statement they know to be false concerning the investigation or the imposition of disciplinary action. Information shall not be disclosed by the local detention facility unless the false statement was published by an established medium of communication, such as television, radio, or a newspaper. Disclosure of factual information by the local detention facility pursuant to this paragraph is limited to facts contained in the subject officers personnel file concerning the disciplinary investigation or imposition of disciplinary action that specifically refute the false statements made public by the subject officer or their agent or representative.(e)(1)The local detention facility shall provide written notification to the complaining party of the disposition of the complaint within 30 days of the disposition.(2)The notification described in this subdivision is not conclusive or binding or admissible as evidence in any separate or subsequent action or proceeding brought before an arbitrator, court, or judge of this state or the United States.(f)(d)This section does not affect the discovery or disclosure of information contained in a subject officers personnel file pursuant to Section 1043 of the Evidence Code.
(g)(e)This section does not affect the disclosure of other records provided under this chapter or any other law.
(h)(f)This section does not supersede or affect the criminal discovery process outlined in Chapter 10 (commencing with Section 1054) of Title 6 of Part 2, or the admissibility of personnel records pursuant to Section 832.7, which codifies the court decision in Pitchess v. Superior Court (1974) 11 Cal.3d 531.
(i)(g)Nothing in this chapter is intended to limit the publics right of access as provided for in Long Beach Police Officers Association v. City of Long Beach (2014) 59 Cal.4th 59.
(h)This section shall become operative on July 1, 2024.
SEC. 4.SEC. 2.Section 6024 of the Penal Code is amended to read:6024.(a)Commencing July 1, 2012, there is hereby established the Board of State and Community Corrections. The Board of State and Community Corrections shall be an entity independent of the Department of Corrections and Rehabilitation. The Governor may appoint an executive officer of the board, subject to Senate confirmation, who shall hold the office at the pleasure of the Governor. The executive officer shall be the administrative head of the board and shall exercise all duties and functions necessary to ensure that the responsibilities of the board are successfully discharged. As of July 1, 2012, any references to the Board of Corrections or the Corrections Standards Authority shall refer to the Board of State and Community Corrections. As of that date, the Corrections Standards Authority is abolished.
(b)The mission of the board shall include providing statewide leadership, coordination, and technical assistance to promote effective state and local efforts and partnerships in Californias adult and juvenile criminal justice system, including addressing gang problems, and to promote legal and safe conditions for youth, inmates, and staff in local detention facilities. This mission shall reflect the principle of aligning fiscal policy and correctional practices, including, but not limited to prevention, intervention, suppression, supervision, and incapacitation, to promote a justice investment strategy that fits each county and is consistent with the integrated statewide goal of improved public safety through cost-effective, promising, and evidence-based strategies for managing criminal justice populations.
(c)The board shall regularly seek advice from a balanced range of stakeholders and subject matter experts on issues pertaining to adult corrections, juvenile justice, and gang problems relevant to its mission. Toward this end, the board shall seek to ensure that its efforts (1) are systematically informed by experts and stakeholders with the most specific knowledge concerning the subject matter, (2) include the participation of those who must implement a board decision and are impacted by a board decision, and (3) promote collaboration and innovative problem solving consistent with the mission of the board. The board may create special committees, with the authority to establish working subgroups as necessary, in furtherance of this subdivision to carry out specified tasks and to submit its findings and recommendations from that effort to the board.
(d)The board shall act as the supervisory board of the state planning agency pursuant to federal acts. It shall annually review and approve, or review, revise, and approve, the comprehensive state plan for the improvement of criminal justice and delinquency and gang prevention activities throughout the state, shall establish priorities for the use of funds as are available pursuant to federal acts, and shall approve the expenditure of all funds pursuant to such plans or federal acts, provided that the approval of those expenditures may be granted to single projects or to groups of projects.
(e)It is the intent of the Legislature that any statutory authority conferred on the Corrections Standards Authority or the previously abolished Board of Corrections shall apply to the Board of State and Community Corrections on and after July 1, 2012, unless expressly repealed by the act that added this section. The Board of State and Community Corrections is the successor to the Corrections Standards Authority, and as of July 1, 2012, is vested with all of the authoritys rights, powers, authority, and duties, unless specifically repealed by this act.
(f)For purposes of this chapter, federal acts means Subchapter V of Chapter 46 of the federal Omnibus Crime Control and Safe Streets Act of 1968 (Public Law 90-351, 82 Stat. 197; 42 U.S.C. Sec. 3750 et seq.), the federal Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. Sec. 5601 et seq.), and any act or acts amendatory or supplemental thereto.
SEC. 3.Section 6034 is added to the Penal Code, to read:6034.(a)There is hereby created the independent Office of the Local Detention Monitor within the Board of State and Community Corrections. The Governor shall appoint, subject to confirmation by the Senate, the Local Detention Monitor to a six-year term. The Local Detention Monitor shall not be removed from office during that term, except for good cause.
(b)The Local Detention Monitor shall be responsible for oversight of conditions in local detention facilities, as defined in Section 832.10, pursuant to subdivision (g) under policies to be developed by the Local Detention Monitor.
(c)When requested by the Governor, the Senate Committee on Rules, the Speaker of the Assembly, or a Board of Supervisors by a resolution, the Local Detention Monitor shall initiate an audit or review of policies, practices, and procedures of the local detention facility pursuant to subdivision (g). Following a completed audit or review, the Local Detention Monitor may perform a followup audit or review to determine what measures the department implemented to address the Local Detention Monitors findings and to assess the effectiveness of those measures.
(d)(1)Upon completion of an audit or review pursuant to subdivision (c), the Local Detention Monitor shall prepare and submit a written report, which may be held as confidential and disclosed in confidence, along with all underlying materials the Local Detention Monitor deems appropriate, to the Board of State and Community Corrections, the audited local detention facility, and the requesting entity in subdivision (c).
(2)The Local Detention Monitor shall also prepare a public report. When necessary, the public report shall differ from the complete written report only in the respect that the Local Detention Monitor shall have the discretion to redact or otherwise protect the names of individuals, specific locations, or other facts that, if not redacted, might hinder prosecution related to the review, compromise the safety and security of staff, inmates, or members of the public, or where disclosure of the information is otherwise prohibited by law, and to decline to produce any of the underlying materials. Copies of public reports shall be posted on the boards internet website.
(3)The board may call upon the local detention facility to respond at a regularly scheduled meeting to discuss the audit findings or report.
(e)The Local Detention Monitor shall, during the course of an audit or review, identify areas of full and partial compliance or noncompliance with local detention facility policies and procedures, specify deficiencies in the completion and documentation of processes, and recommend corrective actions, including, but not limited to, additional training, additional policies, or changes in policy, as well as any other findings or recommendations that the Local Detention Monitor deems appropriate.
(f)The Local Detention Monitor shall, in consultation with the board and the Department of Finance, develop a methodology for producing a workload budget to be used for annually adjusting the Local Detention Monitors budget, beginning with the budget for the 202526 fiscal year.
(g)The Local Detention Monitor shall have authority of public oversight of a local detention facility in matters relating to both of the following:
(1)In-custody deaths.
(2)Delivery of medical and mental health care.
(h)In conducting the audits authorized pursuant to this section, the Local Detention Monitor shall apply objective, clinically appropriate, and metric-oriented evaluation.
(i)The Local Detention Monitor shall not hire a person known to be considered a suspect or subject in an investigation being conducted by a federal, state, or local agency.
(j)The Local Detention Monitor shall not destroy any papers or memoranda used to support a completed review within three years after a report is released.
(k)Except as provided in subdivision (l), all books, papers, records, and correspondence of the office pertaining to its work are public records subject to Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code and shall be filed at any of the regularly maintained offices of the Inspector General.
(l)The following books, papers, records, and correspondence of the Local Detention Monitor pertaining to its work are not public records subject to Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code, nor shall they be subject to discovery pursuant to any provision of Title 3 (commencing with Section 1985) of Part 4 of the Code of Civil Procedure or Chapter 7 (commencing with Section 19570) of Part 2 of Division 5 of Title 2 of the Government Code in any manner:
(1)All reports, papers, correspondence, memoranda, electronic communications, or other documents that are otherwise exempt from disclosure under all other applicable laws regarding confidentiality, including, but not limited to, the California Public Records Act, the Public Safety Officers Procedural Bill of Rights, the Information Practices Act of 1977, the Confidentiality of Medical Information Act of 1977, and the provisions of Section 832.7, relating to the disposition notification for complaints against peace officers.
(2)Any papers, correspondence, memoranda, electronic communications, or other documents pertaining to any audit or review that has not been completed.
(3)Any papers, correspondence, memoranda, electronic communications, or other documents pertaining to internal discussions between the Local Detention Monitor and the Local Detention Monitors staff, or between staff members of the Local Detention Monitor, or any personal notes of the Local Detention Monitor or the Local Detention Monitors staff.
(4)All identifying information, and any personal papers or correspondence from any person requesting assistance from the Local Detention Monitor, except in those cases where the Local Detention Monitor determines that disclosure of the information is necessary in the interests of justice.
(m)The Local Detention Monitor, or any employee or former employee of the Local Detention Monitor, shall not divulge or make known in any manner not expressly permitted by law to any person not employed by the Local Detention Monitor any particulars of any record, document, or information the disclosure of which is restricted by law from release to the public. This prohibition is also applicable to any person who has been furnished a draft copy of any report for comment or review or any person or business entity that is contracting with or has contracted with the Local Detention Monitor and to the employees and former employees of that person or business entity or the employees of any state agency or public entity that has assisted the Inspector General in connection with duties authorized by this chapter.
(n)Notwithstanding any other law, the Local Detention Monitor during regular business hours or at any other time determined necessary by the Local Detention Monitor, shall have access to and authority to examine and reproduce any and all books, accounts, reports, vouchers, correspondence files, documents, and other records, and to examine the bank accounts, money, or other property of the local detention facility in connection with duties authorized by this chapter. Any officer or employee of any agency or entity having these records or property in their possession or under their control shall permit access to, and examination and reproduction thereof consistent with the provisions of this section, upon the request of the Local Detention Monitor or the Local Detention Monitors authorized representative.
(o)In connection with duties authorized by this chapter, the Local Detention Monitor or the Local Detention Monitors authorized representative shall have access to the records and property of any public or private entity or person subject to review or regulation by the public agency or public entity to the same extent that employees or officers of that agency or public entity have access. No provision of law, memorandum of understanding, or any other agreement entered into between the employing entity and the employee or the employees representative providing for the confidentiality or privilege of any records or property shall prevent disclosure pursuant to subdivision (n). Access, examination, and reproduction consistent with the provisions of this section shall not result in the waiver of any confidentiality or privilege regarding any records or property.
(p)An officer or person shall not fail to or refuse to permit access, examination, or reproduction, as required by this section.
(q)The Local Detention Monitor may require any employee or contractor of the local detention facility to be interviewed on a confidential basis. Any employee or contractor requested to be interviewed shall comply and shall have time afforded by the appointing authority for the purpose of an interview with the Local Detention Monitor or the Local Detention Monitors designee. The Local Detention Monitor shall have the discretion to redact the name or other identifying information of any person interviewed from any public report issued, where required by law or where the failure to redact the information may hinder prosecution or an action in a criminal, civil, or administrative proceeding, or where the Local Detention Monitor determines that disclosure of the information is not in the interests of justice. It is not the purpose of these communications to address disciplinary action or grievance procedures that may routinely occur. When conducting an investigation into allegations that an employee of the local detention facility engaged in misconduct relating to issues under subdivision (g), the Local Detention Monitor shall comply with Sections 3303, 3307, 3307.5, 3308, 3309, and subdivisions (a) to (d), inclusive, of Section 3309.5 of the Government Code, except that the Local Detention Monitor shall not be subject to the provisions of any memorandum of understanding or other agreement entered into between the employing entity and the employee or the employees representative that is in conflict with, or adds to the requirements of, Sections 3303, 3307, 3307.5, 3308, 3309, and subdivisions (a) to (d), inclusive, of Section 3309.5 of the Government Code.
(r)Notwithstanding Section 10231.5 of the Government Code, the Local Detention Monitor shall report annually to the Governor and the Legislature a summary of its reports. The summary shall be posted on the Board of State and Community Correctionss internet website and otherwise made available to the public upon its release to the Governor and the Legislature. The summary shall include, but not be limited to, significant problems discovered by the office, and whether recommendations the office has made have been implemented.
(s)(1)The requirement for submitting a report imposed under subdivision (r) is inoperative on January 1, 2028, pursuant to Section 10231.5 of the Government Code.
(2)A report to be submitted pursuant to subdivision (r) shall be submitted in compliance with Section 9795 of the Government Code.
SEC. 4.The Legislature finds and declares that Section 3 of this act, which adds Section 6034 to the Penal Code, imposes a limitation on the publics right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:
This section balances the publics right to access information with the need to protect sensitive and confidential information, particularly during a potential ongoing investigation, and to maintain robust oversight over local detention facilities relating to in-custody deaths and the delivery of health care to individuals in custody.
SEC. 5.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
(a)The board of supervisors of any county may, by resolution, establish a department of corrections, corrections and rehabilitation, to be headed by an executive officer appointed by the board, which shall have jurisdiction over all county functions, personnel, and facilities, or so many as the board names in its resolution, relating to institutional punishment, care, treatment, and rehabilitation of prisoners, incarcerated persons, including, but not limited to, the county jail and jail, industrial farms farms, and fire or road camps, their functions and personnel.
(b)If a board of supervisors exercises the authority conferred by subdivision (a), the board shall set forth its reasons for establishing a department of corrections and rehabilitation, which may include, but are not limited to, any of the following findings:
(1)A department of corrections and rehabilitation will better protect public health and safety.
(2)There has been a disproportionate increase in deaths within the county jail.
(3)There is persistent unequal treatment of individuals within a protected class under the Unruh Civil Rights Act (Section 51 of the Civil Code).
(4)A department of corrections and rehabilitation will provide better administration or operation of the county jail.
(5)There has been persistent abuse or disregard of the civil and human rights of individuals within the county jail.
(6)There has been a violation of a federal decree or settlement relating to institutional punishment and rehabilitation.
(7)County jail operations have failed to adhere to Title 15 of the California Code of Regulations.
(8)The county jail failed to secure accreditation by one or more national corrections associations.
(c)If a board of supervisors exercises the authority conferred by subdivision (a), the executive officer appointed by the board shall meet all of the following qualifications:
(1)Either of the following:
(A)Professional experience in corrections management.
(B)Extensive familiarity with Title 15 of the California Code of Regulations and national standards for jail accreditation.
(2)Extensive familiarity with the requirements of appropriate medical and mental health care within a corrections setting.
(3)Demonstrated commitment to protecting the civil and human rights of incarcerated individuals.
(4)Knowledge of best practice and evidence-based approaches to rehabilitation.
(d)If a board of supervisors exercises the authority conferred by subdivision (a), the executive officer appointed by the board shall assume a sheriffs duties under Chapter 1 (commencing with Section 4000) of Title 4 of Part 3 of the Penal Code and under the provisions of Article 1 (commencing with Section 26600) of Chapter 2 of Part 3 of Division 2 of Title 3 pertaining to a county jail.
The(e)The boards of supervisors of two or more counties may, by agreement and the enactment of ordinances in conformity thereto, establish a joint department of corrections and rehabilitation to serve all the counties included in the agreement, to be headed by an executive officer appointed by the boards jointly.
SEC. 2.Section 26605 of the Government Code is amended to read:26605.(a)Notwithstanding any other provision of law, except in counties in which the sheriff, as of July 1, 1993, is not in charge of and the sole and exclusive authority to keep the county jail and the prisoners in it, the sheriff shall take charge of and be the sole and exclusive authority to keep the county jail and the prisoners incarcerated persons in it including persons confined to the county jail pursuant to subdivision (b) of Section 3454 of the Penal Code for a violation of the terms and conditions of their postrelease community supervision, except for work furlough facilities where by county ordinance the work furlough administrator is someone other than the sheriff.
(b)Subdivision (a) does not apply to either of the following:
(1)A county in which the sheriff, as of July 1, 1993, is not in charge of and the sole and exclusive authority to keep the county jail and the incarcerated persons in it.
(2)A county that has established a department of corrections and rehabilitation pursuant to Section 23013.
SEC. 3.Section 832.10 is added to the Penal Code, to read:832.10.(a)For purposes of this section, the following definitions shall apply:
(1)Death incident means an event where a person has died in the custody or supervision of the local detention facility or where a person who was previously in custody and died within 30 days of being compassionately released.
(2)Local detention facility means any city, county, city and county, or regional jail, camp, court holding facility, private detention facility, or other facility, used for confinement or correctional holding of adults or of both adults and minors, but does not include that portion of a facility for confinement of both adults and minors that is devoted only to the confinement of minors.
(3)Private detention facility has the same meaning as in Section 7320 of the Government Code.
(4)Subject officer means a custodial officer, or responsible health care staff, against whom possible misconduct was alleged or whose actions were reviewed during an administrative or criminal investigation of a death incident.
(5)Custodial officer means those officers with the rank of deputy, correctional officer, patrol person, or another equivalent sworn or civilian rank whose duties include the supervision of incarcerated or detained persons at a local detention facility.
(6)Responsible health care staff means the health authority, individual, or agency that is designated with responsibility for providing health care in the local detention facility.
(b)Notwithstanding subdivision (a) of Section 832.7, or any other law, the following records maintained by a local detention facility shall not be confidential and shall be made available for public inspection pursuant to the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code):
(1)Any record relating to an investigation conducted by the local detention facility involving a death incident.
(2)Any local detention facility personnel record of a subject officer.
(c)Records disclosed under subdivision (b) shall be subject to all of the following:
(1)The record shall include all investigative reports; photographic, audio, and video evidence; transcripts or recordings of interviews; autopsy reports; all materials compiled and presented for review to the district attorney or to any person or body charged with determining whether to file criminal charges against a subject officer, whether the subject officers action was consistent with law and agency policy for purposes of discipline or administrative action, or what discipline to impose or corrective action to take; documents setting forth findings or recommended findings; and copies of disciplinary records relating to the death incident, including any letters of intent to impose discipline, any documents reflecting modifications of discipline due to the Skelly or grievance process, and letters indicating final imposition of discipline or other documentation reflecting implementation of corrective action.
(2)The record shall include instances where the subject officer resigned before the local detention facility or oversight agency concluded its investigation into the death incident.
(3)A record from a separate and prior investigation or assessment of a separate death incident shall not be released unless it is independently subject to disclosure pursuant to this subdivision.
(4)An agency shall redact a record disclosed pursuant to this section only for any of the following purposes:
(A)To remove personal data or information, such as a home address, telephone number, or identities of family members, other than the names and work-related information of subject officers.
(B)To preserve the anonymity of whistleblowers, complainants, victims, and witnesses.
(C)To protect confidential medical, financial, or other information of which disclosure is specifically prohibited by federal law or would cause an unwarranted invasion of personal privacy that clearly outweighs the strong public interest in records about possible misconduct by subject officers.
(D)Where there is a specific, articulable, and particularized reason to believe that disclosure of the record would pose a significant danger to the physical safety of the subject officer, or another person.
(5)Notwithstanding paragraph (4), an agency may redact a record disclosed pursuant to this section, including personal identifying information, where, on the facts of the particular case, the public interest served by not disclosing the information clearly outweighs the public interest served by disclosure of the information.
(6)A local detention facility may withhold a record of a death incident described in paragraphs (1) and (2) of subdivision (b) that is the subject of an active criminal or administrative investigation, in accordance with any of the following:
(A)(i)During an active criminal investigation, disclosure may be delayed for up to 60 days from the date the death incident occurred or until the district attorney determines whether to file criminal charges related to the death incident, whichever occurs sooner. If a local detention facility delays disclosure pursuant to this clause, the local detention facility shall provide, in writing, the specific basis for the facilitys determination that the interest in delaying disclosure clearly outweighs the public interest in disclosure. This writing shall include the estimated date for disclosure of the withheld information.
(ii)After 60 days from the death incident, the local detention facility may continue to delay the disclosure of records or information if the disclosure could reasonably be expected to interfere with a criminal enforcement proceeding against a subject officer. If an agency delays disclosure pursuant to this clause, the agency shall, at 180-day intervals as necessary, provide, in writing, the specific basis for the agencys determination that disclosure could reasonably be expected to interfere with a criminal enforcement proceeding. The writing shall include the estimated date for the disclosure of the withheld information. Information withheld by the agency shall be disclosed when the specific basis for withholding is resolved, when the investigation or proceeding is no longer active, or by no later than 18 months after the date of the death incident, whichever occurs sooner.
(iii)In an action to compel disclosure brought pursuant to Section 7923.000 of the Government Code, a local detention facility may justify delay by filing an application to seal the basis for withholding, in accordance with Rule 2.550 of the California Rules of Court, or any successor rule, if disclosure of the written basis itself would impact a privilege or compromise a pending investigation. This clause does not prohibit a court from conducting in camera review to determine whether privilege exists.
(B)If criminal charges are filed related to the death incident, the local detention facility may delay the disclosure of records or information until a verdict on those charges is returned at trial or, if a plea of guilty or no contest is entered, the time to withdraw the plea pursuant to Section 1018.
(C)During an administrative investigation into an incident described in paragraphs (1) and (2) of subdivision (b), the local detention facility may delay the disclosure of records or information until the facility determines whether the death incident violated a law or agency policy, but no longer than 180 days after the date of the local detention facilitys discovery of the death incident by a person authorized to initiate an investigation.
(7)A record of a complaint, or the investigations, findings, or dispositions of that complaint, shall not be released pursuant to this section if the complaint is frivolous, as defined in Section 128.5 of the Code of Civil Procedure, or if the complaint is unfounded.
(8)The cost of copies of records subject to disclosure pursuant to this subdivision that are made available upon the payment of fees covering direct costs of duplication pursuant to subdivision (a) of Section 7922.530 of the Government Code shall not include the costs of searching for, editing, or redacting the records.
(9)Except to the extent temporary withholding for a longer period is permitted pursuant to paragraph (6), records subject to disclosure under this section shall be provided at the earliest possible time and no later than 45 days from the date of a request for their disclosure.
(10)(A)For purposes of releasing records pursuant to this subdivision, the attorney-client privilege does not prohibit the disclosure of either of the following:
(i)Factual information provided by the local detention facility to its attorney or factual information discovered in any investigation conducted by, or on behalf of, the local detention facilitys attorney.
(ii)Billing records related to the work done by the attorney so long as the records do not relate to active and ongoing litigation and do not disclose information for the purpose of legal consultation between the local detention facility and its attorney.
(B)This paragraph does not prohibit the local detention facility from asserting that a record or information within the record is exempted or prohibited from disclosure pursuant to any other federal or state law. However, to the extent that the local detention facility asserts attorney-client privilege or any other prohibitive disclosure provided by federal or state law, the court may conduct in camera review unless prohibited by law.
(d)Notwithstanding Section 832.7, the local detention facility may do any of the following:
(1)Release to the complaining party a copy of the complaining partys own statements at the time the complaint is filed.
(2)Disseminate data regarding the number, type, or disposition of complaints made against its subject officers if that information is in a form that does not identify the individuals involved.
(3)Release factual information concerning a disciplinary investigation if the subject officer who is the subject of the disciplinary investigation, or the officers agent or representative, publicly makes a statement they know to be false concerning the investigation or the imposition of disciplinary action. Information shall not be disclosed by the local detention facility unless the false statement was published by an established medium of communication, such as television, radio, or a newspaper. Disclosure of factual information by the local detention facility pursuant to this paragraph is limited to facts contained in the subject officers personnel file concerning the disciplinary investigation or imposition of disciplinary action that specifically refute the false statements made public by the subject officer or their agent or representative.
(e)(1)The local detention facility shall provide written notification to the complaining party of the disposition of the complaint within 30 days of the disposition.
(2)The notification described in this subdivision is not conclusive or binding or admissible as evidence in any separate or subsequent action or proceeding brought before an arbitrator, court, or judge of this state or the United States.
(f)This section does not affect the discovery or disclosure of information contained in a subject officers personnel file pursuant to Section 1043 of the Evidence Code.
(g)This section does not affect the disclosure of other records provided under this chapter or any other law.
(h)This section does not supersede or affect the criminal discovery process outlined in Chapter 10 (commencing with Section 1054) of Title 6 of Part 2, or the admissibility of personnel records pursuant to Section 832.7, which codifies the court decision in Pitchess v. Superior Court (1974) 11 Cal.3d 531.
(i)Nothing in this chapter is intended to limit the publics right of access as provided for in Long Beach Police Officers Association v. City of Long Beach (2014) 59 Cal.4th 59.
SECTION 1.SEC. 4.Section 6024 of the Penal Code is amended to read:6024.(a)Commencing July 1, 2012, there is hereby established the Board of State and Community Corrections. The Board of State and Community Corrections shall be an entity independent of the Department of Corrections and Rehabilitation. The Governor may appoint an executive officer of the board, subject to Senate confirmation, who shall hold the office at the pleasure of the Governor. The executive officer shall be the administrative head of the board and shall exercise all duties and functions necessary to ensure that the responsibilities of the board are successfully discharged. As of July 1, 2012, any references to the Board of Corrections or the Corrections Standards Authority shall refer to the Board of State and Community Corrections. As of that date, the Corrections Standards Authority is abolished.
(b)The mission of the board shall include providing statewide leadership, coordination, and technical assistance to promote effective state and local efforts and partnerships in Californias adult and juvenile criminal justice system, including addressing gang problems, and to promote legal and safe conditions for youth, inmates, and staff in local detention facilities. This mission shall reflect the principle of aligning fiscal policy and correctional practices, including, but not limited to prevention, intervention, suppression, supervision, and incapacitation, to promote a justice investment strategy that fits each county and is consistent with the integrated statewide goal of improved public safety through cost-effective, promising, and evidence-based strategies for managing criminal justice populations.
(c)The board shall regularly seek advice from a balanced range of stakeholders and subject matter experts on issues pertaining to adult corrections, juvenile justice, and gang problems relevant to its mission. Toward this end, the board shall seek to ensure that its efforts (1) are systematically informed by experts and stakeholders with the most specific knowledge concerning the subject matter, (2) include the participation of those who must implement a board decision and are impacted by a board decision, and (3) promote collaboration and innovative problem solving consistent with the mission of the board. The board may create special committees, with the authority to establish working subgroups as necessary, in furtherance of this subdivision to carry out specified tasks and to submit its findings and recommendations from that effort to the board.
(d)The board shall act as the supervisory board of the state planning agency pursuant to federal acts. It shall annually review and approve, or review, revise, and approve, the comprehensive state plan for the improvement of criminal justice and delinquency and gang prevention activities throughout the state, shall establish priorities for the use of funds as are available pursuant to federal acts, and shall approve the expenditure of all funds pursuant to such plans or federal acts, provided that the approval of those expenditures may be granted to single projects or to groups of projects.
(e)It is the intent of the Legislature that any statutory authority conferred on the Corrections Standards Authority or the previously abolished Board of Corrections shall apply to the Board of State and Community Corrections on and after July 1, 2012, unless expressly repealed by the act which that added this section. The Board of State and Community Corrections is the successor to the Corrections Standards Authority, and as of July 1, 2012, is vested with all of the authoritys rights, powers, authority, and duties, unless specifically repealed by this act.
(f)For purposes of this chapter, federal acts means Subchapter V of Chapter 46 of the federal Omnibus Crime Control and Safe Streets Act of 1968 (Public Law 90-351, 82 Stat. 197; 42 U.S.C. Sec. 3750 et seq.), the federal Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. Sec. 5601 et seq.), and any act or acts amendatory or supplemental thereto.
SEC. 5.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
(a)Commencing July 1, 2012, there is hereby established the Board of State and Community Corrections. The Board of State and Community Corrections shall be an entity independent of the Department of Corrections and Rehabilitation. The Governor may appoint an executive officer of the board, subject to Senate confirmation, who shall hold the office at the pleasure of the Governor. The executive officer shall be the administrative head of the board and shall exercise all duties and functions necessary to ensure that the responsibilities of the board are successfully discharged. As of July 1, 2012, any references to the Board of Corrections or the Corrections Standards Authority shall refer to the Board of State and Community Corrections. As of that date, the Corrections Standards Authority is abolished.
(b)The mission of the board shall include providing statewide leadership, coordination, and technical assistance to promote effective state and local efforts and partnerships in Californias adult and juvenile criminal justice system, including addressing gang problems. problems, and to promote legal and safe conditions for youth, inmates, and staff in local detention facilities. This mission shall reflect the principle of aligning fiscal policy and correctional practices, including, but not limited to prevention, intervention, suppression, supervision, and incapacitation, to promote a justice investment strategy that fits each county and is consistent with the integrated statewide goal of improved public safety through cost-effective, promising, and evidence-based strategies for managing criminal justice populations.
(c)The board shall regularly seek advice from a balanced range of stakeholders and subject matter experts on issues pertaining to adult corrections, juvenile justice, and gang problems relevant to its mission. Toward this end, the board shall seek to ensure that its efforts (1) are systematically informed by experts and stakeholders with the most specific knowledge concerning the subject matter, (2) include the participation of those who must implement a board decision and are impacted by a board decision, and (3) promote collaboration and innovative problem solving consistent with the mission of the board. The board may create special committees, with the authority to establish working subgroups as necessary, in furtherance of this subdivision to carry out specified tasks and to submit its findings and recommendations from that effort to the board.
(d)The board shall act as the supervisory board of the state planning agency pursuant to federal acts. It shall annually review and approve, or review, revise, and approve, the comprehensive state plan for the improvement of criminal justice and delinquency and gang prevention activities throughout the state, shall establish priorities for the use of funds as are available pursuant to federal acts, and shall approve the expenditure of all funds pursuant to such plans or federal acts, provided that the approval of those expenditures may be granted to single projects or to groups of projects.
(e)It is the intent of the Legislature that any statutory authority conferred on the Corrections Standards Authority or the previously abolished Board of Corrections shall apply to the Board of State and Community Corrections on and after July 1, 2012, unless expressly repealed by the act which added this section. The Board of State and Community Corrections is the successor to the Corrections Standards Authority, and as of July 1, 2012, is vested with all of the authoritys rights, powers, authority, and duties, unless specifically repealed by this act.
(f)For purposes of this chapter, federal acts means Subchapter V of Chapter 46 of the federal Omnibus Crime Control and Safe Streets Act of 1968 (Public Law 90-351, 82 Stat. 197; 42 U.S.C. Sec. 3750 et seq.), the federal Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. Sec. 5601 et seq.), and any act or acts amendatory or supplemental thereto.
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Date
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Status
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|---|---|
| Oct 4, 2023 | Chaptered by Secretary of State. Chapter 306, Statutes of 2023. |
| Oct 4, 2023 | Approved by the Governor. |
| Sep 20, 2023 | Enrolled and presented to the Governor at 4:30 p.m. |
| Sep 13, 2023 | Assembly amendments concurred in. (Ayes 31. Noes 4. Page 2741.) Ordered to engrossing and enrolling. |
| Sep 12, 2023 | In Senate. Concurrence in Assembly amendments pending. |
| Sep 12, 2023 | Read third time. Passed. (Ayes 57. Noes 17. Page 3262.) Ordered to the Senate. |
| Sep 7, 2023 | Assembly Rule 69 suspended. |
| Sep 7, 2023 | Ordered to third reading. |
| Sep 7, 2023 | Read third time and amended. |
| Sep 5, 2023 | Read second time. Ordered to third reading. |
| Sep 1, 2023 | From committee: Do pass. (Ayes 12. Noes 4.) (September 1). |
| Aug 16, 2023 | August 16 set for first hearing. Placed on suspense file. |
| Jul 13, 2023 | Read second time and amended. Re-referred to Com. on APPR. |
| Jul 12, 2023 | From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 6. Noes 2.) (July 11). |
| Jul 5, 2023 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on PUB. S. |
| Jun 21, 2023 | June 27 set for first hearing canceled at the request of author. |
| Jun 8, 2023 | Referred to Coms. on PUB. S. and L. GOV. |
| May 25, 2023 | In Assembly. Read first time. Held at Desk. |
| May 25, 2023 | Read third time. Passed. (Ayes 32. Noes 0. Page 1289.) Ordered to the Assembly. |
| May 18, 2023 | Read second time. Ordered to third reading. |
| May 18, 2023 | From committee: Do pass. (Ayes 5. Noes 0. Page 1174.) (May 18). |
| May 12, 2023 | Set for hearing May 18. |
| May 8, 2023 | May 8 hearing: Placed on APPR suspense file. |
| May 1, 2023 | Set for hearing May 8. |
| Apr 27, 2023 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 0. Page 938.) (April 26). Re-referred to Com. on APPR. |
| Apr 25, 2023 | From committee: Do pass and re-refer to Com. on GOV. & F. (Ayes 4. Noes 0. Page 901.) (April 25). Re-referred to Com. on GOV. & F. |
| Apr 19, 2023 | Set for hearing April 25. |
| Apr 19, 2023 | Re-referred to Coms. on PUB S. and GOV. & F. |
| Apr 18, 2023 | Set for hearing April 26 in GOV. & F. pending receipt. |
| Apr 17, 2023 | Withdrawn from committee. |
| Apr 17, 2023 | Re-referred to Com. on RLS. |
| Apr 17, 2023 | April 25 hearing postponed by committee. |
| Apr 14, 2023 | Set for hearing April 25. |
| Apr 13, 2023 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on PUB S. |
| Feb 22, 2023 | Referred to Com. on PUB S. |
| Feb 15, 2023 | From printer. May be acted upon on or after March 17. |
| Feb 14, 2023 | Introduced. Read first time. To Com. on RLS. for assignment. To print. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Sep 13, 2023 | Unfinished Business SB519 Atkins et al. Concurrence | Senate Floor |
Passed |
|
| Sep 12, 2023 | SB 519 Atkins Senate Third Reading By Weber | Assembly Floor |
Passed |
|
| Sep 1, 2023 | Do pass. | Assembly Standing Committee on Appropriations |
Passed |
|
| Jul 11, 2023 | Do pass as amended and be re-referred to the Committee on [Appropriations] | Assembly Standing Committee on Public Safety |
Passed |
|
| May 25, 2023 | Senate 3rd Reading SB519 Atkins et al. | Senate Floor |
Passed |
|
| May 18, 2023 | Do pass | Senate Standing Committee on Appropriations |
Passed |
|
| May 8, 2023 | Placed on suspense file | Senate Standing Committee on Appropriations |
Passed |
|
| Apr 26, 2023 | Do pass, but first be re-referred to the Committee on [Appropriations] | Senate Standing Committee on Governance and Finance |
Passed |
|
| Apr 25, 2023 | Do pass, but first be re-referred to the Committee on [Governance and Finance] | Senate Standing Committee on Public Safety |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| Alliance San Diego | ** Support | |
| Anti-Recidivism Coaition | * Support | Apr 25, 2023 |
| Asian Americans Advancing Justice Southern California | ** Support | |
| Black Panther Party - San Diego | ** Support | |
| California Broadcasters Association | ** Support | |
| California Collaborative for Immigrant Justice | ** Support | |
| California News Publishers Association | ** Support | |
| California Public Defenders Association | ** Support | |
| California State Sheriffs Association | ** Against | |
| Californians for Safety and Justice | ** Support | |
| Change Begins With Me | ** Support | |
| Change Begins With Me Indivisible Group | ** Support | |
| Christ First Ministry | * Support | Apr 25, 2023 |
| Communities United for Restorative Youth Justice | ** Support | |
| Consumer Attorneys Of California | ** Support | |
| Del Cerro for Black Lives Matter | ** Support | |
| Deputy Sheriffs Association of Monterey County | ** Against | |
| Disability Rights California | ** Support | |
| Dolores Street Community Services | ** Support | |
| Drug Policy Alliance | * Support | Apr 25, 2023 |
| Ella Baker Center For Human Rights | ** Support | |
| Elmwood Correctional Facility | * Support | Apr 25, 2023 |
| Empact | * Support | Apr 25, 2023 |
| Encinitas 4 Equality | * Support | Apr 25, 2023 |
| First Amendment Coalition | ** Support | |
| Hillcrest Indivisible | ** Support | |
| Immigrant Defense Advocates | ** Support | |
| Immigrant Legal Defense | ** Support | |
| Initiate Justice | ** Support | |
| Insight Garden Program | * Support | Apr 25, 2023 |
| Iredale and Yoo | * Support | Apr 26, 2023 |
| Lawyers' Committee for Civil Rights of the San Francisco Bay Area | ** Support | |
| Mastagni Law Firm | * Against | Jul 11, 2023 |
| Media Alliance | ** Support | |
| milpa | ** Support | |
| Moms Against Torture | * Support | Apr 25, 2023 |
| Muslim American Society - Public Affairs & Civic Engagement | ** Support | |
| National Police Accountability Project | * Support | Apr 26, 2023 |
| NextGen California | ** Support | |
| North County Equity and Justice Coalition | * Support | Jul 11, 2023 |
| Oakland Privacy | ** Support | |
| Pacific Media Workers Guild | ** Support | |
| Parent | * Support | Apr 25, 2023 |
| Peace Officers Research Association Of California | ** Against | |
| PLACER COUNTY DEPUTY SHERIFFS ASSOCIATION | ** Against | |
| Radio Television Digital News Association | ** Support | |
| Re-Entry Providers Association of California | * Support | Apr 25, 2023 |
| Rise Up San Diego | ** Support | |
| Riverside County Sheriff'S Department | * Against | Jul 11, 2023 |
| Riverside Sheriffs Association | ** Against | |
| Safe Return Project | ** Support | |
| San Bernardino County SheriffS Department | ** Against | |
| San Diego County Citizens Law Enforcement Review Board - CLERB | * Support | Apr 25, 2023 |
| San Diego County Citizens Law Enforcement Review Board - CLERB | * Support | Apr 26, 2023 |
| San Diego County Citizens Law Enforcement Review Board - CLERB | * Support | Jul 11, 2023 |
| San Diego Pro Chapter of The Society of Professional Journalists | ** Support | |
| Saving Lives in Custody Campaign | * Support | Apr 25, 2023 |
| Secure Justice | ** Support | |
| Showing Up for Racial Justice | * Support | Apr 25, 2023 |
| Sister Warriors Freedom Coalition | ** Support | |
| Smart Justice California | ** Support | |
| Team Justice | ** Support | |
| Think Dignity | ** Support | |
| Trattenprice Consulting | * Support | Apr 26, 2023 |
| Ventura County Sheriff's Office | ** Against | |
| Weideman Group Inc | * Support | Apr 26, 2023 |
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | SB 519 |
UNFINISHED BUSINESS
Bill No: SB 519
Author: Atkins (D), et al.
Amended: 9/7/23
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE: 4-0, 4/25/23
AYES: Wahab, Bradford, Skinner, Wiener
NO VOTE RECORDED: Ochoa Bogh
SENATE GOVERNANCE & FIN. COMMITTEE: 6-0, 4/26/23
AYES: Caballero, Blakespear, Durazo, Glazer, Skinner, Wiener
NO VOTE RECORDED: Seyarto, Dahle
SENATE APPROPRIATIONS COMMITTEE: 5-0, 5/18/23
AYES: Portantino, Ashby, Bradford, Wahab, Wiener
NO VOTE RECORDED: Jones, Seyarto
SENATE FLOOR: 32-0, 5/25/23
AYES: Allen, Alvarado-Gil, Archuleta, Ashby, Atkins, Becker, Blakespear, Bradford, Caballero, Cortese, Dodd, Durazo, Eggman, Glazer, Gonzalez, Hurtado, Laird, Limón, McGuire, Menjivar, Min, Newman, Padilla, Portantino, Roth, Rubio, Skinner, Smallwood-Cuevas, Stern, Umberg, Wahab, Wiener
NO VOTE RECORDED: Dahle, Grove, Jones, Nguyen, Niello, Ochoa Bogh, Seyarto, Wilk
ASSEMBLY FLOOR: 57-17, 9/12/23 - See last page for vote
SUBJECT: Corrections
SOURCE: Author
DIGEST:
This bill makes records relating to an investigation conducted by a local detention facility into a death incident available to the public, as specified, and creates the position of Director of In-Custody Death Review within the Board of State and Community Corrections to review investigations of any death incident, as defined, occurring within a local detention facility.
Assembly Amendments
remove provisions authorizing counties to establish their own departments of corrections independent from sheriffs; clarifies the definition of “local detention facility” and the scope of records subject to disclosure; create the position of Director of In-Custody Death Review within the Board of State and Community Corrections.
ANALYSIS:
Existing law:
- Declares the people’s right to transparency in government. (“The people have the right of access to information concerning the conduct of the people’s business, and therefore, the meetings of public bodies and the writings of public officials and agencies shall be open to public scrutiny....”) (Cal. Const., art. I, Sec. 3.)
- The California Public Records Act (CPRA), generally provides that access to information concerning the conduct of the people’s business is a fundamental and necessary right of every person in this state. (Gov, Code § 7921.000.)
- Provides that public records are open to inspection at all times during the office hours of the state or local agency and every person has a right to inspect any public record, except as provided. (Gov. Code § 7922.525)
- Provides that except as provided, the CPRA does not require the disclosure of records of complaints to, or investigations conducted by, or records of intelligence information or security procedures of, the the office of the Attorney General and the Department of Justice, the Office of Emergency Services and any state or local police agency, or any investigatory or security files compiled by any other state or local police agency, or any investigatory or security files compiled by any other state or local agency for correctional, law enforcement, or licensing purposes. (Gov. Code §7923.600(a).)
- Requires certain information regarding the investigation of crimes, including recordings of “critical incidents,” as defined, to be disclosed to the public under specified circumstances and subject to certain limitations. (Gov. Code §§ 7923.605 et. seq.)
- Provides that in any case in which a person dies while in the custody of any law enforcement agency or while in custody in a local or state correctional facility in this state, the law enforcement agency or the agency in charge of the correctional facility shall report in writing to the Attorney General, 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, as specified. These writings are public records within the meaning of the CPRA. (Gov. Code §12525.)
- Provides that a “custodial officer” is a public officer, not a peace officer, employed by a law enforcement agency of a city or county who has the authority and responsibility for maintaining custody of prisoners and performs tasks related to the operation of a local detention facility used for the detention of persons usually pending arraignment or upon court order either for their own safekeeping or for the specific purpose of serving a sentence in that facility. (Pen. Code §831(a).)
- Requires law enforcement agencies to establish a procedure to investigate complaints by members of the public against personnel of those agencies and make a written description of the procedure available to the public. (Pen. Code §832.5(a).)
- Defines “personnel records” as any file maintained under that individual’s name by his or her employing agency and containing records relating to personal data, employee advancement, appraisal or discipline, complaints or investigations of complaints concerning specified events, and other specified topics. (Pen. Code §832.8(a).)
- Defines “sustained” as a final determination by an investigating agency, commission, board, hearing officer, or arbitrator, as applicable, following an investigation and opportunity for an administrative appeal pursuant to specified provisions of the Peace Officer’s Bill of Rights, that the actions of the peace officer or custodial officer were found to violate law or department policy. (Pen. Code §832.8(b).)
- States that except as specified, peace officer or custodial officer personnel records and records maintained by any state or local agency pursuant to citizens' complaints against personnel are confidential and shall not be disclosed in any criminal or civil proceeding except by discovery. This section does not apply to investigations or proceedings concerning the conduct of peace officers or custodial officers, or any agency or department that employ these officers, conducted by a grand jury, a district attorney's office, or the Attorney General's office. (Pen. Code, § 832.7(a).)
- Provides that certain categories of peace officer or custodial officer personnel records and records maintained by a state or local agency shall not be confidential and shall be made available for public inspection pursuant to the CPRA, and establishes related procedures, rules and limitations. (Pen. Code, § 832.7(b).)
- Establishes the Board of State and Community Corrections (BSCC). (Pen. Code, § 6024, subd. (a).)
- Provides that the mission of the BSCC is to provide statewide leadership, coordination, and technical assistance to promote effective state and local efforts and partnerships in California’s adult and juvenile criminal justice system, including addressing gang problems. Provides that this mission reflect the principle of aligning fiscal policy and correctional practices, including, but not limited to prevention, intervention, suppression, supervision, and incapacitation, to promote a justice investment strategy that fits each county and is consistent with the integrated statewide goal of improved public safety through cost-effective, promising, and evidence-based strategies for managing criminal justice populations. (Pen. Code, § 6024, subd. (b).)
- Requires the BSCC to regularly seek advice from a balanced range of stakeholders and subject matter experts on issues pertaining to adult corrections, juvenile justice, and gang problems relevant to its mission. Requires the BSCC to seek to ensure that its efforts are systematically informed by experts and stakeholders with the most specific knowledge concerning the subject matter, include the participation of those who must implement a board decision and are impacted by a board decision, and promote collaboration and innovative problem solving consistent with the mission of the board. Authorizes the BSCC to create special committees, with the authority to establish working subgroups as necessary, in furtherance of this subdivision to carry out specified tasks and to submit its findings and recommendations from that effort to the board. (Pen. Code, § 6024, subd. (c).)
This bill:
- Provides that records relating to an investigation conducted by a local detention facility involving a death incident maintained by a local detention facility shall not be confidential and shall be made available for public inspection pursuant to the California Public Records Act (CPRA).
- Defines "death incident" as an event where a person has died in the custody or supervision of the local detention facility.
- Defines "local detention facility" as any city, county, city and county, or regional jail, camp, court holding facility, private detention facility, or other facility in which persons are incarcerated.
- Contains various other definitions for terms used throughout its provisions.
- Specifies that the records shall include all of the following:
- Investigative reports;
- Photographic, audio, and video evidence;
- Transcripts or recordings of interviews;
- Autopsy reports;
- All materials compiled and presented for review to the district attorney or to any person or body charged with determining whether to file criminal charges against a person, whether the person's action was consistent with law and agency policy for purposes of discipline or administrative action, or what discipline to impose or corrective action to take;
- Documents setting forth findings or recommended findings; and,
- Copies of disciplinary records relating to the death incident, including any letters of intent to impose discipline, any documents reflecting modifications of discipline due to the Skelly or grievance process, and letters indicating final imposition of discipline or other documentation reflecting implementation of corrective action.
- Allows agencies to redact the records only for specified purposes.
- Provides that an agency may redact a record disclosed pursuant to this bill, including personal identifying information, where, on the facts of a particular case, the public interest served by not disclosing the information clearly outweighs the public interest served by disclosure of the information.
- Provides that a local detention facility may withhold a record of a death incident that is the subject of an active criminal or administrative investigation, as specified.
- Provides that except to the extent temporary withholding for a longer period is permitted by the bill, records subject to disclosure shall be provided at the earliest possible time and no later than 45 days from the date of a request for their disclosure.
- Provides that these provisions do not affect the discovery or disclosure of information contained in an officer's personnel file pursuant to Evidence Code Section 1043, relating to the discovery of peace officer personnel records.
- Provides that these provisions do not supersede or affect the criminal discovery process or the admissibility of personnel records pursuant to Pitchess v. Superior Court (1974) 11 Cal.3d 531, and that nothing in these provisions are intended to limit the public's right of access as provided for in Long Beach Police Officers Association v. City of Long Beach (2014) 59 Cal.4th 59.
- States that the provisions relating to records of death incidents shall become operative on July 1, 2024.
- Expands the mission of the Board of State and Community Corrections (BSCC) to include providing statewide leadership, coordination, and technical assistance to promote effective state and local efforts and partnerships in California's adult and juvenile criminal justice system, including addressing gang problems, and to promote legal and safe conditions for youth, inmates, and staff in local detention facilities.
- Creates the position of Director of In-Custody Death Review (Director) within the BSCC.
- Requires the Governor to appoint the Director to a six-year term, subject to Senate confirmation.
- Requires the director to review investigations of any death incident, as defined, occurring within a local detention facility.
- Provides that, upon determination by the BSCC that it is necessary and appropriate, the Director may conduct further review of a death incident in a local detention facility.
- Requires the Director to make specific and customized recommendations to the sheriff or administrator of the local detention facility regarding those incidences, including changes to policies, procedures, practices, facility upgrades, staffing considerations, medical and behavioral health services, and operation and capital funding.
- Requires, within 90 days of receipt of the Director's recommendations, the sheriff or administrator of the local detention facility to identify the Director's recommendations that will be implemented, to provide a timeline for the implementation, and provide the anticipated cost of implementing the recommendations.
- Requires the sheriff or administrator of the local detention facility to also identify which of the Director's recommendations that will not or cannot be implemented, accompanied by an explanation of why they will not be implemented.
- Authorizes the BSCC to call upon the sheriff or administrator of the local detention facility to respond to the BSCC at a regularly scheduled meeting to discuss the recommendations and responses.
- Provides that the Director's recommendations and responses shall be available to the public. The sheriff or administrator of the local detention facility may, in their discretion, redact these disclosures or otherwise protect the names of individuals and information that may hinder litigation, compromise the safety and security of staff, inmates, or members of the public or where disclosure is prohibited by law. The BSCC shall post the reports on its internet website.
- Requires the BSCC, upon appropriation by the Legislature, to employ a sufficient number of licensed medical professionals and licensed behavioral health professionals to participate in the reviews, to assist with establishing and implementing health and behavioral health standards for local detention facilities to, and to review the delivery of medical and behavioral health services within local detention facilities. States Legislative findings and declarations.
- Provides that the provisions relating to the Director's in-custody death reviews shall become operative on July 1, 2024
Comments
According to the author, “519 will expand accountability to ensure that investigations relating to in-custody deaths are publicly accessible in order to help reduce future deaths, similar to other public records made available in certain law enforcement use of force cases. SB 519 also expands the mission of the Board of State and Community Corrections to adjust the Department's mission to further promote legal and safe conditions for youth, inmates, and staff in local detention facilities."
In 2006, the California Supreme Court reinterpreted a key Penal Code provision (§832.7) to restrict public access to police misconduct records, rendering California one of the most secretive states when it came to police officer records. However, in 2018, the Legislature passed SB 1421 (Skinner, Chapter 988, Statutes of 2018), which represented a paradigm shift in the public’s ability to access previously confidential peace officer personnel records. In 2021, the Legislature passed a related measure, SB 16 (Skinner, Chapter 402, Statutes of 2021), building upon the transparency provisions of SB 1421. Together, the two pieces of legislation exempted 8 categories of peace officer records from the confidentiality requirement of Penal Code §832.7, and established a framework governing what specific records must be released, and when and how they must be released.
While Senate Bills 1421 and 16 were focused on alleged instances of officer misconduct, this bill seeks to address a distinct yet related issue regarding law enforcement records of death in custody investigations. According to the Author:
As local governments try to grapple with this crisis, the public continues to demand answers but are often denied access. For example, reports prepared by a sheriff’s department following an in-custody death are often shielded from disclosure by claims of attorney-client privilege or claims of attorney work-product. These reports include critical details about what led to an in-custody death, including policy gaps that could have contributed to a person’s death. And yet, families and the public are not given access to this important information and must try to litigate these issues with the hope that courts will rule in their favor.
In order to achieve its goal of transparency, this bill adapts the disclosure framework initially established by SBs 1421 and 16 to apply to local detention facility records regarding deaths in custody, making any record relating to an investigation conducted by the local detention facility involving a death incident maintained by a local detention facility subject to public inspection pursuant to the California Public Records Act.
The BSCC was established in 2012 and is responsible for providing statewide leadership, coordination, and technical assistance to promote effective state and local efforts and partnerships in California’s adult and juvenile justice systems. The BSCC has four primary responsibilities: setting standards for and inspecting local detention facilities; setting standards for the selection and training of local correctional staff; administering various grant programs related to recidivism and reduction strategies; and administering the state’s construction financing program for local detention facilities.
This bill partially adopts a recent recommendation put forth by a Legislative Analyst Office (LAO) report by expanding the BSCC’s mission to include the promotion of legal and safe conditions for youth, inmates, and staff in local detention facilities. The bill also establishes the position of the Director of In-Custody Death Review within the BSCC to review investigations of any death incident in local detention facilities.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes
According to the Assembly Appropriations Committee:
- Costs (General Fund) to BSCC to establish the Office of the Local Detention Monitor, review in-custody deaths, and conduct audits of the delivery of health care to people incarcerated in local detention facilities. BSCC estimates costs of approximately $15.2 million annually to fund the appointed Local Detention Facility Monitor and 57 full-time equivalent staff members, including a supervisory physician, nurse consultants, registered nurses, health program managers, field representatives, and analysts.
- Potentially significant, non-reimbursable costs to local detention facilities to redact and disclose death investigation records in response to PRA requests. Under Proposition 42 (2014), the state is not required to reimburse local government costs incurred while complying with the PRA.
SUPPORT: (Verified 9/12/23)
Alliance San Diego
Asian Americans Advancing Justice – Southern California
Black Panther Party - San Diego
California Broadcasters Association
California Collaborative for Immigrant Justice
California News Publishers Association
California Public Defenders Association
Californians for Safety and Justice
Change Begins With Me Indivisible Group
Communities United for Restorative Youth Justice
Consumer Attorneys of California
Del Cerro for Black Lives Matter
Disability Rights California
Dolores Street Community Services
Ella Baker Center for Human Rights
First Amendment Coalition
Hillcrest Indivisible
Immigrant Defense Advocates
Immigrant Legal Defense
Initiate Justice
Lawyers' Committee for Civil Rights of the San Francisco Bay Area
Media Alliance
MILPA
Muslim American Society - Public Affairs & Civic Engagement
NextGen California
Oakland Privacy
Pacific Media Workers Guild
Radio Television Digital News Association
Rise Up San Diego
Safe Return Project
San Diego Pro Chapter of the Society of Professional Journalists
Secure Justice
Sister Warriors Freedom Coalition
Smart Justice California
Team Justice
Think Dignity
OPPOSITION: (Verified 9/12/23)
California State Sheriffs Association
Deputy Sheriffs Association of Monterey County
Peace Officers Research Association of California
Placer County Deputy Sheriffs Association
Riverside Sheriffs Association
San Bernardino County Sheriffs Department
Ventura County Sheriffs Office
ASSEMBLY FLOOR: 57-17, 9/12/23
AYES: Addis, Aguiar-Curry, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Cervantes, Connolly, Mike Fong, Friedman, Gabriel, Garcia, Gipson, Grayson, Haney, Hart, Holden, Irwin, Jackson, Jones-Sawyer, Kalra, Lee, Low, Lowenthal, Maienschein, McCarty, McKinnor, Stephanie Nguyen, Ortega, Papan, Pellerin, Petrie-Norris, Rendon, Reyes, Luz Rivas, Rodriguez, Blanca Rubio, Santiago, Schiavo, Soria, Ting, Villapudua, Ward, Weber, Wicks, Wilson, Wood, Zbur, Robert Rivas
NOES: Alanis, Chen, Megan Dahle, Davies, Dixon, Essayli, Vince Fong, Gallagher, Hoover, Lackey, Mathis, Jim Patterson, Joe Patterson, Sanchez, Ta, Waldron, Wallis
NO VOTE RECORDED: Flora, Muratsuchi, Pacheco, Quirk-Silva, Ramos, Valencia
Prepared by: Alex Barnett / PUB. S. /
9/12/23 19:10:55
**** END ****
SENATE THIRD READING
STR Bill Id:SB 519
Author:(Atkins)
As Amended Ver:September 7, 2023
Majority vote
SUMMARY
Makes records relating to an investigation conducted by a local detention facility into a death incident available to the public, as specified. Creates the position of Director of In-Custody Death Review within the Board of State and Community Corrections to review investigations of any death incident, as defined, occurring within a local detention facility.
Major Provisions
- Provide that records relating to an investigation conducted by a local detention facility involving a death incident maintained by a local detention facility shall not be confidential and shall be made available for public inspection pursuant to the California Public Records Act (CPRA).
- Define "death incident" as an event where a person has died in the custody or supervision of the local detention facility.
- Define "local detention facility" as any city, county, city and county, or regional jail, camp, court holding facility, private detention facility, or other facility in which persons are incarcerated.
- Specifies that the records shall include all of the following:
- Investigative reports;
- Photographic, audio, and video evidence;
- Transcripts or recordings of interviews;
- Autopsy reports;
- All materials compiled and presented for review to the district attorney or to any person or body charged with determining whether to file criminal charges against a person, whether the person's action was consistent with law and agency policy for purposes of discipline or administrative action, or what discipline to impose or corrective action to take;
- Documents setting forth findings or recommended findings; and,
- Copies of disciplinary records relating to the death incident, including any letters of intent to impose discipline, any documents reflecting modifications of discipline due to the Skelly or grievance process, and letters indicating final imposition of discipline or other documentation reflecting implementation of corrective action.
- Allow agencies to redact the records only for specified purposes.
- Provide that a local detention facility may withhold a record of a death incident that is the subject of an active criminal or administrative investigation, as specified.
- Provide that these provisions do not affect the discovery or disclosure of information contained in an officer's personnel file pursuant to Evidence Code Section 1043, relating to the discovery of peace officer personnel records.
- Provide that these provisions do not supersede or affect the criminal discovery process or the admissibility of personnel records pursuant to Pitchess v. Superior Court (1974) 11 Cal.3d 531.[1]
- Provide that nothing in these provisions are intended to limit the public's right of access as provided for in Long Beach Police Officers Association v. City of Long Beach (2014) 59 Cal.4th 59.[2]
- State that the provisions relating to records of death incidents shall become operative on July 1, 2024.
- Expand the mission of the Board of State and Community Corrections (BSCC) to include providing statewide leadership, coordination, and technical assistance to promote effective state and local efforts and partnerships in California's adult and juvenile criminal justice system, including addressing gang problems, and to promote legal and safe conditions for youth, inmates, and staff in local detention facilities.
- Create the position of Director of In-Custody Death Review (Director) within the BSCC.
- Require the Governor to appoint the Director to a six-year term, subject to Senate confirmation.
- Require the director to review investigations of any death incident, as defined, occurring within a local detention facility.
- Provide that, upon determination by the BSCC that it is necessary and appropriate, the Director may conduct further review of a death incident in a local detention facility.
- Require the Director to make specific and customized recommendations to the sheriff or administrator of the local detention facility regarding those incidences, including changes to policies, procedures, practices, facility upgrades, staffing considerations, medical and behavioral health services, and operation and capital funding.
- Require, within 90 days of receipt of the Director's recommendations, the sheriff or administrator of the local detention facility to identify the Director's recommendations that will be implemented, to provide a timeline for the implementation, and provide the anticipated cost of implementing the recommendations.
- Require the sheriff or administrator of the local detention facility to also identify which of the Director's recommendations that will not or cannot be implemented, accompanied by an explanation of why they will not be implemented.
- Allow the BSCC to call upon the sheriff or administrator of the local detention facility to respond to the BSCC at a regularly scheduled meeting to discuss the recommendations and responses.
- Provide that the Director's recommendations and responses shall be available to the public. The sheriff or administrator of the local detention facility may, in their discretion, redact these disclosures or otherwise protect the names of individuals and information that may hinder litigation, compromise the safety and security of staff, inmates, or members of the public or where disclosure is prohibited by law. The BSCC shall post the reports on its internet website.
- Require the BSCC, upon appropriation by the Legislature, to employ a sufficient number of licensed medical professionals and licensed behavioral health professionals to participate in the reviews, to assist with establishing and implementing health and behavioral health standards for local detention facilities to, and to review the delivery of medical and behavioral health services within local detention facilities. States Legislative findings and declarations.
- State that the provisions relating to the Director's in-custody death reviews shall become operative on July 1, 2024.
COMMENTS
According to the Author
"SB 519 will expand accountability to ensure that investigations relating to in-custody deaths are publicly accessible in order to help reduce future deaths, similar to other public records made available in certain law enforcement use of force cases.
"SB 519 also expands the mission of the Board of State and Community Corrections to adjust the Department's mission to further promote legal and safe conditions for youth, inmates, and staff in local detention facilities."
Arguments in Support
According to the California News Publishers Association (CNPA), "Substantial strides have been made in recent years to lift the shroud of secrecy around law enforcement records, through SB 16 (Skinner) and SB 1421 (Skinner), which required disclosure of records about shootings, use of force resulting in death or great bodily injury, and various forms of misconduct. "This bill is a logical next step to increase transparency around deaths that occur inside our jails. Local jails are intrinsic to the criminal legal system, and the public deserves to have a more complete picture of what causes deaths inside these facilities."In the absence of effective and impartial outside scrutiny, the public is left to rely only on limited information that law enforcement is willing to release about in-custody deaths. This expansion of access to records on deaths in custody is critical to effective public oversight.
"SB 519 will help increase the public's understanding in order to promote better local policy decisions that will help save lives of those in custody and hold responsible officials accountable to the public."
Arguments in Opposition
According to the California State Sheriffs' Association (CSSA), "we are concerned about the duplicative, additional layer of oversight that the creation of the independent detention monitor portends in the manner in which SB 519 would operate. County jails and sheriffs are currently overseen by the Board of State and Community Corrections (BSCC), county grand juries, state and federal Departments of Justice, state and federal courts, the state auditor, district attorneys, and voters.
"We also understand and share the desire to reduce deaths in custody, but this bill conditions the additional contemplated reviews on the request of the Governor, the Legislature, or boards of supervisors. We fear this construct will fall victim to political whim, resulting in invasive, burdensome, and duplicative investigations.
"SB 519 grants significant and largely unfettered access to documents and staff, which will create workload and resource challenges for county agencies. Additionally, the ability of the monitor to require employees to be interviewed creates substantial concerns relative to employee labor and due process protections."
FISCAL COMMENTS
According to the Assembly Appropriations Committee:
- Costs (General Fund) to BSCC to establish the Office of the Local Detention Monitor, review in-custody deaths, and conduct audits of the delivery of health care to people incarcerated in local detention facilities. BSCC estimates costs of approximately $15.2 million annually to fund the appointed Local Detention Facility Monitor and 57 full-time equivalent staff members, including a supervisory physician, nurse consultants, registered nurses, health program managers, field representatives, and analysts.
- Potentially significant, non-reimbursable costs to local detention facilities to redact and disclose death investigation records in response to PRA requests. Under Proposition 42 (2014), the state is not required to reimburse local government costs incurred while complying with the PRA.
VOTES
SENATE FLOOR: 32-0-8
YES: Allen, Alvarado-Gil, Archuleta, Ashby, Atkins, Becker, Blakespear, Bradford, Caballero, Cortese, Dodd, Durazo, Eggman, Glazer, Gonzalez, Hurtado, Laird, Limón, McGuire, Menjivar, Min, Newman, Padilla, Portantino, Roth, Rubio, Skinner, Smallwood-Cuevas, Stern, Umberg, Wahab, Wiener
ABS, ABST OR NV: Dahle, Grove, Jones, Nguyen, Niello, Ochoa Bogh, Seyarto, Wilk
ASM PUBLIC SAFETY: 6-2-0
YES: Jones-Sawyer, Bonta, Bryan, Ortega, Santiago, Zbur
NO: Alanis, Lackey
ASM APPROPRIATIONS: 12-4-0
YES: Holden, Bryan, Calderon, Wendy Carrillo, Mike Fong, Hart, Lowenthal, Papan, Pellerin, Soria, Weber, Wilson
NO: Megan Dahle, Dixon, Mathis, Sanchez
UPDATED
VERSION: September 7, 2023
CONSULTANT: Liah Burnley / PUB. S. / (916) 319-3744 FN: 0002031
In Pitchess v. Superior Court (1974) 11 Cal.3d.531, the Supreme Court of California held that a criminal defendant's fundamental right to a fair trial entitles a defendant who is asserting self-defense to a charge of battery to discovery of police personnel records of the arresting police officer. ↑
In Long Beach Police Officers Association v. City of Long Beach (2014) 59 Cal.4th 59, the California Supreme Court held that the names of police officers involved in shootings generally must be disclosed under the CPRA. ↑
SENATE THIRD READING
STR Bill Id:SB 519
Author:(Atkins)
As Amended Ver:July 13, 2023
Majority vote
SUMMARY
Makes records relating to an investigation conducted by a local detention facility into a death incident available to the public, as specified.
Major Provisions
- Provides that records relating to an investigation conducted by a local detention facility involving a death incident maintained by a local detention facility shall not be confidential and shall be made available for public inspection pursuant to the California Public Records Act (CPRA).
- Defines "death incident" as an event where a person has died in the custody or supervision of the local detention facility or where a person who was previously in custody and died within 30 days of being compassionately released.
- Defines "local detention facility" as any city, county, city and county, or regional jail, camp, court holding facility, private detention facility, or other facility in which persons are incarcerated.
- Specifies that the records shall include all of the following:
- Investigative reports;
- Photographic, audio, and video evidence;
- Transcripts or recordings of interviews;
- Autopsy reports;
- All materials compiled and presented for review to the district attorney or to any person or body charged with determining whether to file criminal charges against a person, whether the person's action was consistent with law and agency policy for purposes of discipline or administrative action, or what discipline to impose or corrective action to take;
- Documents setting forth findings or recommended findings; and,
- Copies of disciplinary records relating to the death incident, including any letters of intent to impose discipline, any documents reflecting modifications of discipline due to the Skelly or grievance process, and letters indicating final imposition of discipline or other documentation reflecting implementation of corrective action.
- Allows agencies to redact the records only for any of the following purposes:
- To remove personal data or information, such as home address, telephone number, or identities of family members, other than the names and work-related information;
- To preserve the anonymity of whistleblowers, complainants, and witnesses;
- To protect confidential medical, financial, or other information of which disclosure is specifically prohibited by federal law or world cause an unwarranted invasion of personal privacy that clearly outweighs the strong public interest in records about possible misconduct;
- Where there is a specific articulable and particularized reason to believe that disclosure of the record would pose a significant danger to the physical safety of any person; or,
- Where, on the facts of the particular case, the public interests served by not disclosing the information clearly outweighs the public interests served by disclosure of information.
- Provides that a local detention facility may withhold a record of a death incident that is the subject of an active criminal or administrative investigation, as specified.
- Provides that these provisions do not affect the discovery or disclosure of information contained in an officer's personnel file pursuant to Evidence Code Section 1043, relating to the discovery of peace officer personnel records.
- Provides that these provisions do not supersede or affect the criminal discovery process or the admissibility of personnel records pursuant to Pitchess v. Superior Court (1974) 11 Cal.3d 531.[1]
- Provides that nothing in these provisions are intended to limit the public's right of access as provided for in Long Beach Police Officers Association v. City of Long Beach (2014) 59 Cal.4th 59.[2]
- Provides that the provisions relating to the public disclosure of records of death incidents shall become operative on July 1, 2024.
- Expands the mission of the Board of State and Community Corrections (BSCC) to include providing statewide leadership, coordination, and technical assistance to promote effective state and local efforts and partnerships in California's adult and juvenile criminal justice system, including addressing gang problems, and to promote legal and safe conditions for youth, inmates, and staff in local detention facilities.
- Creates the independent Office of the Local Detention Monitor within the BSCC.
- Requires the Governor to appoint, subject to confirmation by the Senate, the Local Detention Monitor to a six-year term. The Local Detention Monitor shall not be removed from office during that term except for good cause.
- Provides that the Local Detention Monitor shall be responsible for oversight of conditions in local detention facilities and shall have the authority of public oversight of a local detention facility in matters relating to in-custody deaths and the delivery of medical and mental health care.
- States that, during the course of an audit or review, the Local Detention Monitor shall identify areas of compliance with local detention facility policies and procedures, specify deficiencies of processes, and recommend corrective actions, including, but not limited to, additional training, additional policies, or changes in policy, and other findings or recommendations that the Local Detention Monitor deems appropriate.
- Provides that specified books, papers, records, and correspondence of the Local Detention Monitor are public records, subject to disclosure under the CPRA, unless they are otherwise exempt from disclosure under all other applicable laws regarding confidentiality, including the Public Safety Officer's Bill of Rights, among others.
- Provides that, when requested by the Governor, the Senate Committee on Rules, the Speaker of the Assembly, or a board of supervisors by resolution, the Local Detention Monitor shall initiate an audit or review of policies practices and procedures of the local detention facility. Following a completed audit or review, the Local Detention Monitor may perform a follow-up audit or review to determine what measures the department implemented to address the Local Detention Monitor's findings and to assess the effectiveness of those measures
- Requires, following an audit, the Local Detention Monitor to prepare and submit a written report, which may be held as confidential and disclosed in confidence, to the BSCC, the audited local detention facility, and the requesting entity.
- Requires, following an audit, the Local Detention Monitor to also prepare and post a public report on the BSCC's website. When necessary, the public report shall differ from the confidential report only to redact or otherwise protect the names of individuals, specific locations, or other facts that, if not redacted, might hinder prosecution, 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.
- Requires the Local Detention Monitor to report annually, until January 1, 2028, to the Governor and the Legislature a summary of its reports.
- Allows the BSCC to call upon the local detention facility to respond to and discuss the audit at BSCC's regularly scheduled meetings.
- States Legislative findings and declarations.
COMMENTS
According to the Author
"SB 519 will expand accountability to ensure that investigations relating to in-custody deaths are publicly accessible in order to help reduce future deaths, similar to other public records made available in certain law enforcement use of force cases.
"SB 519 also expands the mission of the Board of State and Community Corrections to adjust the Department's mission to further promote legal and safe conditions for youth, inmates, and staff in local detention facilities."
Arguments in Support
According to the California News Publishers Association (CNPA), "Substantial strides have been made in recent years to lift the shroud of secrecy around law enforcement records, through SB 16 (Skinner) and SB 1421 (Skinner), which required disclosure of records about shootings, use of force resulting in death or great bodily injury, and various forms of misconduct. "This bill is a logical next step to increase transparency around deaths that occur inside our jails. Local jails are intrinsic to the criminal legal system, and the public deserves to have a more complete picture of what causes deaths inside these facilities."In the absence of effective and impartial outside scrutiny, the public is left to rely only on limited information that law enforcement is willing to release about in-custody deaths. This expansion of access to records on deaths in custody is critical to effective public oversight.
"SB 519 will help increase the public's understanding in order to promote better local policy decisions that will help save lives of those in custody and hold responsible officials accountable to the public."
Arguments in Opposition
According to the California State Sheriffs' Association (CSSA), "we are concerned about the duplicative, additional layer of oversight that the creation of the independent detention monitor portends in the manner in which SB 519 would operate. County jails and sheriffs are currently overseen by the Board of State and Community Corrections (BSCC), county grand juries, state and federal Departments of Justice, state and federal courts, the state auditor, district attorneys, and voters.
"We also understand and share the desire to reduce deaths in custody, but this bill conditions the additional contemplated reviews on the request of the Governor, the Legislature, or boards of supervisors. We fear this construct will fall victim to political whim, resulting in invasive, burdensome, and duplicative investigations.
"SB 519 grants significant and largely unfettered access to documents and staff, which will create workload and resource challenges for county agencies. Additionally, the ability of the monitor to require employees to be interviewed creates substantial concerns relative to employee labor and due process protections."
FISCAL COMMENTS
According to the Assembly Appropriations Committee:
- Costs (General Fund) to BSCC to establish the Office of the Local Detention Monitor, review in-custody deaths, and conduct audits of the delivery of health care to people incarcerated in local detention facilities. BSCC estimates costs of approximately $15.2 million annually to fund the appointed Local Detention Facility Monitor and 57 full-time equivalent staff members, including a supervisory physician, nurse consultants, registered nurses, health program managers, field representatives, and analysts.
- Potentially significant, non-reimbursable costs to local detention facilities to redact and disclose death investigation records in response to PRA requests. Under Proposition 42 (2014), the state is not required to reimburse local government costs incurred while complying with the PRA.
VOTES
SENATE FLOOR: 32-0-8
YES: Allen, Alvarado-Gil, Archuleta, Ashby, Atkins, Becker, Blakespear, Bradford, Caballero, Cortese, Dodd, Durazo, Eggman, Glazer, Gonzalez, Hurtado, Laird, Limón, McGuire, Menjivar, Min, Newman, Padilla, Portantino, Roth, Rubio, Skinner, Smallwood-Cuevas, Stern, Umberg, Wahab, Wiener
ABS, ABST OR NV: Dahle, Grove, Jones, Nguyen, Niello, Ochoa Bogh, Seyarto, Wilk
ASM PUBLIC SAFETY: 6-2-0
YES: Jones-Sawyer, Bonta, Bryan, Ortega, Santiago, Zbur
NO: Alanis, Lackey
ASM APPROPRIATIONS: 12-4-0
YES: Holden, Bryan, Calderon, Wendy Carrillo, Mike Fong, Hart, Lowenthal, Papan, Pellerin, Soria, Weber, Wilson
NO: Megan Dahle, Dixon, Mathis, Sanchez
UPDATED
VERSION: July 13, 2023
CONSULTANT: Liah Burnley / PUB. S. / (916) 319-3744 FN: 0001472
In Pitchess v. Superior Court (1974) 11 Cal.3d.531, the Supreme Court of California held that a criminal defendant's fundamental right to a fair trial entitles a defendant who is asserting self-defense to a charge of battery to discovery of police personnel records of the arresting police officer.
↑In Long Beach Police Officers Association v. City of Long Beach (2014) 59 Cal.4th 59, the California Supreme Court held that the names of police officers involved in shootings generally must be disclosed under the CPRA. ↑
Date of Hearing: August 16, 2023
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Chris Holden, Chair
SBPCA Bill Id:SB 519
Author:(Atkins) – As Amended Ver:July 13, 2023
Policy Committee: | Public Safety | Vote: | 6 - 2 |
|
| ||
|
|
Urgency: No State Mandated Local Program: Yes Reimbursable: Yes
SUMMARY:
This bill establishes an office within the Board of State and Community Corrections (BSCC) with oversight over in-custody deaths and delivery of medical and mental health care at local detention facilities and requires a local detention facility to disclose, in response to a Public Records Act (PRA) request, records relating to the investigation of an in-custody death.
Specifically, this bill:
- Creates the independent Office of the Local Detention Monitor within the BSCC and requires the Governor to appoint, subject to confirmation by the Senate, the Local Detention Monitor to a six-year term.
- Provides that the Local Detention Monitor shall be responsible for oversight of conditions in local detention facilities and shall have the authority of public oversight of a local detention facility in matters relating to in-custody deaths and the delivery of medical and mental health care.
- Requires the Local Detention Monitor to conduct an audit or review of the policies, practices, and procedures of a local detention facility upon a request by the Governor, the Senate Committee on Rules, the Speaker of the Assembly, or a board of supervisors by resolution.
- Requires the Local Detention Monitor to prepare specified public and confidential reports following each audit and requires the Local Detention Monitor to annually provide the Legislature and the Governor with a summary of its reports.
- Provides that records relating to an investigation conducted by a local detention facility involving a death incident maintained by a local detention facility shall not be confidential and shall be made available for public inspection under the PRA. Disclosable records include investigative reports, photographic and video evidence, and disciplinary records related to the death incident.
- Specifies circumstances in which death incident investigation records may be redacted or withheld from the public.
FISCAL EFFECT:
- Costs (General Fund) to BSCC to establish the Office of the Local Detention Monitor, review in-custody deaths, and conduct audits of the delivery of health care to people incarcerated in local detention facilities. BSCC estimates costs of approximately $15.2 million annually to fund the appointed Local Detention Facility Monitor and 57 full-time equivalent staff members, including a supervisory physician, nurse consultants, registered nurses, health program managers, field representatives, and analysts.
- Potentially significant, non-reimbursable costs to local detention facilities to redact and disclose death investigation records in response to PRA requests. Under Proposition 42 (2014), the state is not required to reimburse local government costs incurred while complying with the PRA.
COMMENTS:
- Purpose. According to the author:
SB 519 will expand accountability to ensure that investigations relating to in-custody deaths are publicly accessible in order to help reduce future deaths, similar to other public records made available in certain law enforcement use of force cases.
SB 519 also expands the mission of the Board of State and Community Corrections to adjust the Department’s mission to further promote legal and safe conditions for youth, inmates, and staff in local detention facilities.
- Background.
Office of the Local Detention Monitor. According to data maintained by the Department of Justice, the number of in-custody deaths reported by county sheriff’s departments increased from 2010 to 2019. In 2022, the State Auditor released a report concluding that the San Diego County Sheriff’s Department failed to adequately prevent the deaths of people in its custody. The report concluded that some of the problems identified in San Diego resulted from insufficient statewide standards. Existing law requires BSCC to establish statewide minimum standards for treatment of people incarcerated in county detention facilities. Generally, each county sheriff’s department establishes its own policies for implementing BSCC’s standards in its jail facilities. BSCC conducts inspections of local detention facilities for compliance with the standards and issues public reports with the inspection results.
This bill establishes a new, independent oversight office within BSCC that is responsible for oversight of conditions in local detention facilities relating to in-custody deaths and delivery of medical and mental health care. Upon request, and at the supervision of the appointed Local Detention Monitor, the office will conduct an audit or review of a local detention facility to identify areas of partial compliance or noncompliance with its policies and procedures and recommend corrective actions, including additional training, additional policies, or changes in policy.
Disclosure of Records. The PRA requires a government agency to make public records available to the public upon request, unless the records are exempt from disclosure due to state or federal law, or the agency can show that the public interest in nondisclosure clearly outweighs the public interest in disclosure. In recent years, the Legislature has expanded access to records relating to use of force and misconduct by peace officers, many of which were previously exempt from disclosure under the PRA. SB 1421 (Skinner), Chapter 988, Statutes of 2018, eliminated an exemption from disclosure for records related to officer-involved shootings, use-of-force incidents resulting in death or great bodily injury, and any incident in which a sustained finding was made regarding an officer’s dishonesty or sexual assault against a member of the public. SB 16 (Skinner), Chapter 402, Statutes of 2021 required disclosure of records related to additional types of officer misconduct. These statutes apply to conduct by custodial officers and resulted in disclosure of records relating to in-custody use of force by officers.
Building on this framework, this bill requires a local detention facility that conducts an investigation of an in-custody death to disclose records from its investigation under the PRA, regardless of the cause of death. The bill provides guidance about when records may be redacted or withheld and provides a 45-day deadline for disclosure of requested records. Unlike SB 1421 and SB 16, this bill specifies that records relating to an in-custody death investigation “maintained by a local detention facility” are disclosable under the PRA. In other words, it appears that if another agency is in possession of a local detention facility’s investigative records, the other agency is not required to disclose them in response to a PRA request.
- Related Legislation. AB 268 (Weber) requires BSCC to develop minimum standards for mental health care in local detention facilities. AB 268 is pending in the Senate Appropriations Committee.
SB 762 (Becker) requires BSCC to add to its statewide standards a procedure for affirming that an incarcerated person is alive and well during a safety check. SB 762 is pending on the Assembly floor.
- Prior Legislation. AB 2761 (McCarty), Chapter 802, Statutes of 2022, required a correctional facility to post information on its website about each in-custody death within 10 days of the death.
Analysis Prepared by: Annika Carlson / APPR. / (916) 319-2081
Date of Hearing: July 11, 2023
Counsel: Liah Burnley
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Reginald Byron Jones-Sawyer, Sr., Chair
SBPCA Bill Id:SB 519
Author:(Atkins) – As Amended Ver:July 5, 2023
As Proposed to be Amended in Committee
SUMMARY: Makes records relating to an investigation conducted by a local detention facility into a death incident available to the public, as specified. Specifically, this bill:
- Provides that records relating to an investigation conducted by a local detention facility involving a death incident maintained by a local detention facility shall not be confidential and shall be made available for public inspection pursuant to the California Public Records Act (CPRA).
- Defines “death incident” as an event where a person has died in the custody or supervision of the local detention facility or where a person who was previously in custody and died within 30 days of being compassionately released.
- Defines “local detention facility” as any city, county, city and county, or regional jail, camp, court holding facility, private detention facility, or other facility in which persons are incarcerated.
- Specifies that the records shall include all of the following:
- Investigative reports;
- Photographic, audio, and video evidence;
- Transcripts or recordings of interviews;
- Autopsy reports;
- All materials compiled and presented for review to the district attorney or to any person or body charged with determining whether to file criminal charges against a person, whether the person’s action was consistent with law and agency policy for purposes of discipline or administrative action, or what discipline to impose or corrective action to take;
- Documents setting forth findings or recommended findings; and,
- Copies of disciplinary records relating to the death incident, including any letters of intent to impose discipline, any documents reflecting modifications of discipline due to the Skelly or grievance process, and letters indicating final imposition of discipline or other documentation reflecting implementation of corrective action.
- Investigative reports;
- Allows agencies to redact the records only for any of the following purposes:
- To remove personal data or information, such as home address, telephone number, or identities of family members, other than the names and work-related information;
- To preserve the anonymity of whistleblowers, complainants, and witnesses;
- To protect confidential medical, financial, or other information of which disclosure is specifically prohibited by federal law or world cause an unwarranted invasion of personal privacy that clearly outweighs the strong public interest in records about possible misconduct;
- Where there is a specific articulable and particularized reason to believe that disclosure of the record would pose a significant danger to the physical safety of any person; or,
- Where, on the facts of the particular case, the public interests served by not disclosing the information clearly outweighs the public interests served by disclosure of information.
- To remove personal data or information, such as home address, telephone number, or identities of family members, other than the names and work-related information;
- Provides that a local detention facility may withhold a record of a death incident that is the subject of an active criminal or administrative investigation, as specified.
- Provides that these provisions do not affect the discovery or disclosure of information contained in an officer’s personnel file pursuant to section 1043 of the Evidence Code, relating to the discovery of peace officer personnel records.
- Provides that these provisions do not supersede or affect the criminal discovery process or the admissibility of personnel records pursuant to Pitchess v. Superior Court (1974) 11 Cal.3d 531.[1]
- Provides that nothing in these provisions are intended to limit the public’s right of access as provided for in Long Beach Police Officers Association v. City of Long Beach (2014) 59 Cal.4th 59.[2]
- Provides that the provisions relating to the public disclosure of records of death incidents shall become operative on July 1, 2024.
- Expands the mission of the Board of State and Community Corrections (BSCC) to include providing statewide leadership, coordination, and technical assistance to promote effective state and local efforts and partnerships in California’s adult and juvenile criminal justice system, including addressing gang problems, and to promote legal and safe conditions for youth, inmates, and staff in local detention facilities.
- Creates the independent Office of the Local Detention Monitor within the BSCC.
- Requires the Governor to appoint, subject to confirmation by the Senate, the Local Detention Monitor to a six-year term. The Local Detention Monitor shall not be removed from office during that term except for good cause.
- Provides that the Local Detention Monitor shall be responsible for oversight of conditions in local detention facilities and shall have the authority of public oversight of a local detention facility in matters relating to in-custody deaths and the delivery of medical and mental health care.
- States that, during the course of an audit or review, the Local Detention Monitor shall identify areas of compliance with local detention facility policies and procedures, specify deficiencies of processes, and recommend corrective actions, including, but not limited to, additional training, additional policies, or changes in policy, and other findings or recommendations that the Local Detention Monitor deems appropriate.
- Provides that specified books, papers, records, and correspondence of the Local Detention Monitor are public records, subject to disclosure under the CPRA, unless they are otherwise exempt from disclosure under all other applicable laws regarding confidentiality, including the Public Safety Officer’s Bill of Rights, among others.
- Provides that, when requested by the Governor, the Senate Committee on Rules, the Speaker of the Assembly, or a board of supervisors by resolution, the Local Detention Monitor shall initiate an audit or review of policies practices and procedures of the local detention facility. Following a completed audit or review, the Local Detention Monitor may perform a follow-up audit or review to determine what measures the department implemented to address the Local Detention Monitor’s findings and to assess the effectiveness of those measures.
- Requires, following an audit, the Local Detention Monitor to prepare and submit a written report, which may be held as confidential and disclosed in confidence, to the BSCC, the audited local detention facility, and the requesting entity.
- Requires, following an audit, the Local Detention Monitor to also prepare and post a public report on the BSCC’s website. When necessary, the public report shall differ from the confidential report only to redact or otherwise protect the names of individuals, specific locations, or other facts that, if not redacted, might hinder prosecution, 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.
- Requires the Local Detention Monitor to report annually, until January 1, 2028, to the Governor and the Legislature a summary of its reports.
- Allows the BSCC to call upon the local detention facility to respond to and discuss the audit at BSCC’s regularly scheduled meetings.
- States Legislative findings and declarations.
EXISTING LAW:
- Declares the people’s right to transparency in government. (Cal. Const., art. I, Sec. 3.)
- Generally provides that access to information concerning the conduct of the people’s business is a fundamental and necessary right of every person in this state. (Gov. Code, § 7921.000.)
- Provides that public records are open to inspection at all times during the office hours of the state or local agency and every person has a right to inspect any public record, except as provided. (Gov. Code, § 7922.525.)
- Provides that, subject to exceptions, the CPRA does not require the disclosure of records of complaints to, or investigations conducted by, or records of intelligence information or security procedures of, the office of the Attorney General and the Department of Justice, the Office of Emergency Services and any state or local police agency, or any investigatory or security files compiled by any other state or local police agency, or any investigatory or security files compiled by any other state or local agency for correctional, law enforcement, or licensing purposes. (Gov. Code, § 7923.600, subd. (a).)
- Provides that in any case in which a person dies while in the custody of any law enforcement agency or while in custody in a local or state correctional facility in this state, the law enforcement agency or the agency in charge of the correctional facility shall report in writing to the Attorney General, 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, as specified. These writings are public records within the meaning of the CPRA. (Gov. Code, § 12525.)
- States that except as specified, peace officer or custodial officer personnel records and records maintained by any state or local agency pursuant to citizens' complaints against personnel are confidential and shall not be disclosed in any criminal or civil proceeding except by discovery. This section does not apply to investigations or proceedings concerning the conduct of peace officers or custodial officers, or any agency or department that employ these officers, conducted by a grand jury, a district attorney's office, or the Attorney General's office. (Pen. Code, § 832.7, subd. (a).)
- Provides that certain categories of peace officer or custodial officer personnel records and records maintained by a state or local agency shall not be confidential and shall be made available for public inspection pursuant to the CPRA, and establishes related procedures, rules and limitations. (Pen. Code, § 832.7, subd. (b).)
- Establishes the BSCC. (Pen. Code, § 6024, subd. (a).)
- States that as of July 1, 2013, the BSCC shall consist of 13 members, as specified. (Pen. Code, § 6025, subd. (b).)
- Provides that the mission of the BSCC shall include providing statewide leadership, coordination, and technical assistance to promote effective state and local efforts and partnerships in California’s adult and juvenile criminal justice system, including addressing gang problems. (Pen. Code, § 6024, subd. (b).)
- Requires BSCC to establish minimum standards for local correctional facilities, to review those standards biennially and make any appropriate revisions. These standards include, but are not limited to health and sanitary conditions, fire and life safety, security, rehabilitation programs, recreation, treatment of persons confined in state and local correctional facilities, and personnel training. (Pen. Code, § 6030.)
- Provides that it is the duty of the BSCC to collect and maintain available information and data about state and community corrections policies, practices, capacities, and needs. (Pen. Code, § 6027, subd. (a).)
- Requires the BSCC to seek the advice of the State Department of Public Health, physicians, psychiatrists, local public health officials, and other interested persons in establishing minimum standards related to health and sanitary conditions. (Pen. Code, § 6030, subd. (g)(1).)
- Requires the BSCC to inspect each local detention facility in the state biennially, at a minimum. (Pen. Code, § 6031, subd. (a).)
FISCAL EFFECT: Unknown
COMMENTS:
- Author's Statement: According to the author, “SB 519 will expand accountability to ensure that investigations relating to in-custody deaths are publicly accessible in order to help reduce future deaths, similar to other public records made available in certain law enforcement use of force cases.
“SB 519 also expands the mission of the Board of State and Community Corrections to adjust the Department’s mission to further promote legal and safe conditions for youth, inmates, and staff in local detention facilities.”
- Deaths in Custody: 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) <http://www.auditor.ca.gov/reports/2021-109/index.html> [July 5, 2023].) In 2022, the San Diego Sheriff’s Department reported 19 deaths in custody, as well as 8 so far in 2023. (San Diego County Sheriff’s Department, Homicide, In-Custody Deaths, Officer Involved Shootings <https://www.sdsheriff.gov/resources/transparency-reports> [July 5, 2023].) San Diego jails have the highest number of “unexplained deaths” out of California’s 12 largest counties. (San Diego Citizens Law Enforcement Review Board, San Diego In-Custody Death Study (April 2022) at pp. iii-iv <https://www.sandiegocounty.gov/content/dam/sdc/clerb/docs/in-custody-death-study/Att.G-CLERB%20In-Custody%20Death%20Study.pdf> [July 5, 2023].)
However, this problem is not confined to San Diego. In March 2023, three individuals incarcerated in Los Angeles County died in just a nine-day period, and for Los Angeles County deaths in custody in 2022, autopsies have only been completed in roughly a third of the 44 cases. (Los Angeles Times, Three Inmates Died in Los Angeles County Jails in Just Over a Week (March 28, 2023) <https://www.latimes.com/california/story/2023-03-28/three-inmates-died-in-the-los-angeles-county-jails-in-just-over-a-week> [July 5, 2023].)
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 while CDCR has dropped from 59.3 percent to 47.1 percent during the same timeframe. In 2019, the percentage of county jail deaths grew to 20.6 percent and the percentage of CDCR deaths decreased to 52.8 percent.” (DOJ, Death in Custody from 2010 to 2019 <https://openjustice.doj.ca.gov/data-stories/2019/death-custody-2010-2019> [July 5, 2023].)
This bill seeks to address the growing crisis of deaths in California’s county jails by creating a robust framework for the release of records related to deaths that occur in the custody of a local correctional facility and establishing a Local Detention Monitor within the BSCC.
- CPRA: In 1968, the Legislature passed the California Public Records Act (CPRA), declaring that “access to information concerning the conduct of the people’s business is a fundamental and necessary right of every person in the state.” (Gov. Code, § 7921.000.) The purpose of the CPRA is to prevent secrecy in government and to contribute significantly to the public understanding of government activities. (City of San Jose v. Superior Court (1999) 74 Cal.App.4th 1008, 1016-1017.)
Under the law, virtually all public records are open to public inspection unless express exempted in statute. (Gov. Code, § 7922.000.) However, even if a record is not expressly exempted, an agency may refuse to disclose records if on balance, the interest of nondisclosure outweighs disclosure. Generally, “records should be withheld from disclosure only where the public interest served by not making a record public outweighs the public interest served by the general policy of disclosure.” In the context of peace officer records, the CPRA contains several relevant exemptions to the general policy requiring disclosure, namely: (1) records of complaints to, or investigations conducted by, any state or local police agency; (2) personnel records, if disclosure would constitute an unwarranted invasion of personal privacy; and, (3) records, the disclosure of which is exempted or prohibited pursuant to federal or state law, including records deemed confidential under state law. (Gov. Code, §§ 7923.600, 7927.700, & 7927.705.)
In 1978, the California Legislature codified the privileges and discovery procedures related to Pitchess motions by enacting Penal Code Sections 832.7 and 832.8 and Evidence Code Sections 1043 through 1045. The Penal Code provisions define peace officer “personnel records” and provide that such records are confidential and subject to discovery only pursuant to the procedures set forth in the Evidence Code. The statutory scheme carefully balances two directly conflicting interests: peace officers’ claims to confidentiality and defendants’ equally compelling interest to all information pertinent to their defense. (Alt v. Superior Court (1999) 74 Cal.App.4th 950.)
In 2006, the California Supreme Court reinterpreted Penal Code section 832.7 to restrict public access to police misconduct records, rendering California one of the most secretive states when it came to police officer records. (Copley-Press, Inv. v. Superior Court (2006) 39 Cal.4th 1272.) However, in 2018, the Legislature passed SB 1421 (Skinner), Chapter 988, Statues of 2018, which amended Penal Code Section 832.7 and permits public inspection of specified peace and custodial officer records pursuant to the CPRA, if they involve the following: incidents involving the discharge of a firearm or electronic control weapons by an officer; incidents involving strikes of impact weapons or projectiles to the head or neck area; incidents of deadly force or serious bodily injury by an officer; incidents of sustained sexual assault by an officer; or incidents relating to sustained findings of dishonesty by a peace officer.
In 2021, the Legislature passed SB 16 (Skinner), Chapter 402, Statutes of 2021, which also amended Penal Code Section 832.7 and took a modest approach to broadening the categories of personnel records subject to disclosure under the CPRA in three ways. First, SB 16 expanded the use of force disclosures to include uses of force by peace or custodial officers that are used to make a person comply, unreasonable force, and excessive force. Second, SB 16 allowed the release of sustained findings of unlawful searches and unlawful arrests. Finally, SB 16 permitted the release of records that show racist or discriminatory conduct that have been sustained by the agency. SB 16 also contained significant privacy protections, such as permitting the redaction of the identifying information of victims, witnesses, and complainants.
While Senate Bills 1421 and 16 were focused on alleged instances of officer misconduct, this bill seeks to address a distinct yet related issue regarding law enforcement records of death in custody investigations. In order to achieve its goal of transparency, this bill adapts the disclosure framework initially established by SB 1421and SB 16 to apply to local detention facility records regarding deaths in custody. Specifically, this bill would specify that records related to an investigation conducted by the local detention facility involving a death incident are not confidential and are subject to release pursuant to a CPRA request. The process governing the release of records related to deaths in custody set forth by this bill should not be unreasonably difficult for agencies to comply with, as they have had over four years to develop policies and systems to comply with the nearly identical process established by SB 1421 and SB 16.
- BSCC: Established in 2012, the BSCC is an independent statutory agency that provides leadership to the adult and juvenile criminal justice systems, expertise on Public Safety Realignment issues, a data and information clearinghouse, and technical assistance on a wide range of community corrections issues. (Pen. Code, §§ 6024-6025.) In addition, the BSCC promulgates regulations for adult and juvenile detention facilities, conducts regular inspections of those facilities, develops standards for the selection and training of local corrections and probation officers, and administers significant public safety-related grant funding. (BSCC, About the Board of State and Community Corrections <https://www.bscc.ca.gov/m_bsccboard/> [July 5. 2023].) The BSCC has four primary responsibilities: setting standards for and inspecting local detention facilities; setting standards for the selection and training of local correctional staff; administering various grant programs related to recidivism and reduction strategies; and administering the state’s construction financing program for local detention facilities. (Ibid.)
Current law requires the BSCC to maintain minimum standards establish minimum standards for local correctional facilities, to review those standards biennially and make any appropriate revisions. These standards include, but are not limited to health and sanitary conditions, fire and life safety, security, rehabilitation programs, recreation, treatment of persons confined in state and local correctional facilities, and personnel training. (Pen. Code, § 6030.) Notably, although the BSCC is required to inspect local detention facilities to determine compliance with the standards and to report noncompliance, the BSCC is not authorized under state law to enforce the standards (e.g., by fining a local detention facility).
The BSCC’s standards and inspection program is one of the primary ways that the state exercises oversight of local detention facilities. Growing concerns over conditions inside of the state’s local detention facilities, including isolation of mentally ill inmates, violence, suicide, use of force, and lack of transparency have led to the introduction of a number of bills in recent years aimed at increasing transparency and accountability as they relate to county jails. In early 2020, Governor Newsom directed the BSCC to strengthen the state’s oversight of county jails, and the BSCC has since developed an enhanced jail inspection process which began in 2021. (BSCC, Targeted Jail Inspections (Feb. 11, 2021), <https://www.bscc.ca.gov/wp-content/uploads/Info-Item-6-Targeted-Inspections-FINAL.pdf>.)
A recent LAO report concluded that it was difficult to assess the BSCC’s standards and inspection program “primarily because the program lacks a clearly defined mission and goals from which to measure specific program outcomes.” (LAO, A Review of State Standards and Inspections for Local Detention Facilities (Feb. 2021) at p.8 <https://lao.ca.gov/reports/2021/4371/Standards-Inspections-Local-Detention-Facilities-021621.pdf> [as of July 5, 2023].) The report indicated that due to the lack of specificity in state law regarding the BSCC’s mission or goals, “it is unclear whether the intended mission of the program is to assist local government in determining legal requirements for facility conditions, create statewide uniformity in facility operations, ensure humane and safe conditions, or something else” and that “[t]he absence of a defined program mission and goals in statute leaves significant discretion to BSCC and the administration in determining how to operate the program.” (Ibid.) The report further stated that the lack of a clear mission and goals undermines Legislative oversight due to the difficulty in assessing “whether the program fulfills an important state function that is consistent with its priorities”…or “whether the program is operating effectively and achieving its goals.” (Ibid.)
Among other recommendations, the report urged the Legislature to “establish clear program mission goals by establishing in statute that the mission of the standards and inspection program is to promote legal, humane and safe conditions for youth, inmates and staff in local detention facilities.” (LAO, A Review of State Standards and Inspections for Local Detention Facilities, supra at pp. 8-10.) To further this mission, the report recommended establishing four goals for the program: (1) maintain standards that help local leaders determine and meet legal requirements; (2) facilitate transparency and accountability through standards and inspections; (3) promote equitable provision of legal, humane, and safe conditions; and (4) provide technical assistance and statewide leadership to facilitate systemic improvement in detention conditions. (Ibid.)
This bill partially adopts the above recommendation of the LAO report by expanding the BSCC’s mission to include the promotion of legal and safe conditions for youth, inmates, and staff in local detention facilities.
This bill would also create an independent office of the Local Detention Monitor within the BSCC. The Local Detention Monitor would be appointed by the Governor, subject to confirmation by the Senate and serve a six-year term, and could not be removed from the office during that term except for good cause. Under this bill, the Local Detention Monitor would be responsible for oversight of conditions in local facilities, namely in-custody deaths and the delivery of medical and mental health care, under policies to be developed by the Local Detention Monitor. The Local Detention Monitor, upon request by the Governor, the Senate Committee on Rules, the Speaker of the Assembly, or a board of supervisors by resolution, is required to initiate an audit or review of policies practices, and procedures of the local detention facility. During the audit or review, the Local Detention Monitor is required to, among other things, identify areas of full and partial compliance or noncompliance with local detention facility policies, and procedures, and recommend corrective actions.
- Argument in Support: According to the California News Publishers Association (CNPA), “Substantial strides have been made in recent years to lift the shroud of secrecy around law enforcement records, through SB 16 (Skinner) and SB 1421 (Skinner), which required disclosure of records about shootings, use of force resulting in death or great bodily injury, and various forms of misconduct.
“This bill is a logical next step to increase transparency around deaths that occur inside our jails. Local jails are intrinsic to the criminal legal system, and the public deserves to have a more complete picture of what causes deaths inside these facilities.
“In the absence of effective and impartial outside scrutiny, the public is left to rely only on limited information that law enforcement is willing to release about in-custody deaths. This expansion of access to records on deaths in custody is critical to effective public oversight.
“SB 519 will help increase the public’s understanding in order to promote better local policy decisions that will help save lives of those in custody and hold responsible officials accountable to the public.” - Argument in Opposition: According to the California State Sheriffs’ Association (CSSA), “we are concerned about the duplicative, additional layer of oversight that the creation of the independent detention monitor portends in the manner in which SB 519 would operate. County jails and sheriffs are currently overseen by the Board of State and Community Corrections (BSCC), county grand juries, state and federal Departments of Justice, state and federal courts, the state auditor, district attorneys, and voters.
“We also understand and share the desire to reduce deaths in custody, but this bill conditions the additional contemplated reviews on the request of the Governor, the Legislature, or boards of supervisors. We fear this construct will fall victim to political whim, resulting in invasive, burdensome, and duplicative investigations.
“SB 519 grants significant and largely unfettered access to documents and staff, which will create workload and resource challenges for county agencies. Additionally, the ability of the monitor to require employees to be interviewed creates substantial concerns relative to employee labor and due process protections.”
- Related Legislation:
- AB 268 (Weber), would require BSCC to develop standards for mental health care in local correctional facilities, commencing on July 1, 2024. AB 268 is pending in the Senate Public Safety Committee.
- AB 280 (Holden), would require specified correctional facilities in the State to follow specified procedures related to segregated confinement and would have require BSCC to assess each local correctional facility, including private detention facilities, for compliance with procedures relating to segregated confinement. AB 280 is pending in the Senate Public Safety Committee.
- AB 898 (Lackey), would require probation departments to annually report to BSCC all injuries to juvenile hall staff and juvenile hall residents resulting from an interaction with staff and a resident. AB 898 is pending in the Senate Public Safety Committee.
- SB 762 (Becker), would require the BSCC to require local correctional facilities to have a procedure for affirming that an incarcerated individual is alive and well during a safety check. SB 762 is pending in the Assembly Appropriations Committee.
- AB 268 (Weber), would require BSCC to develop standards for mental health care in local correctional facilities, commencing on July 1, 2024. AB 268 is pending in the Senate Public Safety Committee.
- Prior Legislation:
- SB 1137 (Atkins), of the 2021-2022 Legislative Session, would have expanded the BSCC’s mission to include the promotion of legal and safe conditions for youth, inmates, and staff in local detention facilities. SB 1137 was substantially amended.
- AB 2343 (Weber), of the 2021-2022 Legislative Session, would have required BSCC to develop and adopt regulations pertaining to standards of care for incarcerated persons with mental health issues by local correctional facilities, including requirements for training of correctional staff, requirements for mental health screening, and requirements for safety checks of at-risk incarcerated persons. AB 2343 was vetoed.
- AB 2557 (Bonta), of the 2021-2022 Legislative Session, would have abrogated the California Supreme Court holding in Copley Press, Inc. v. Superior Court (2006) 39 Cal.4th 1272, and make records and information maintained for the purpose of civilian oversight of peace officers subject to disclosure pursuant to the CPRA. AB 2557 was never heard by the Assembly Judiciary Committee.
- AB 2632 (Holden), of the 2021-2022 Legislative Session, would have required specified correctional facilities in the State to follow specified procedures related to segregated confinement and would have required BSCC to assess each local correctional facility, including private detention facilities, for compliance with procedures relating to segregated confinement. AB 2632 was vetoed.
- SB 16 (Skinner), Chapter 402, Statutes of 2021, expanded the categories of police personnel records that are subject to disclosure under the CPRA.
- SB 1421 (Skinner), Chapter 988, Statutes of 2018, authorized inspection of specified peace and custodial officer records pursuant to the CPRA.
- SB 1286 (Leno), of the 2015-2016 Legislative Session, would have provided greater public access to peace officer and custodial officer personnel records and other records maintained by a state or local agency related to complaints against those officers. SB 1286 was held in the Senate Appropriations Committee.
- SB 74 (Committee on Budget and Fiscal Review), Chapter 30, Statutes of 2013, restructured the BSCC, as of July 1, 2013, with 13 members including all members included in the existing composition, plus the creation of a chair to be appointed by the Governor with Senate confirmation.
- SB 92 (Committee on Budget and Fiscal Review), Chapter 36, Statutes of 2011, created the BSCC, beginning July 1, 2012.
- SB 1137 (Atkins), of the 2021-2022 Legislative Session, would have expanded the BSCC’s mission to include the promotion of legal and safe conditions for youth, inmates, and staff in local detention facilities. SB 1137 was substantially amended.
REGISTERED SUPPORT / OPPOSITION:
Support
Alliance San Diego
Asian Americans Advancing Justice-southern California
Black Panther Party - San Diego
California Broadcasters Association
California Collaborative for Immigrant Justice
California News Publishers Association
California Public Defenders Association
California Public Defenders Association (CPDA)
Californians for Safety and Justice
Change Begins With Me (INDIVISIBLE)
Change Begins With Me Indivisible Group
Communities United for Restorative Youth Justice (CURYJ)
Consumer Attorneys of California
Del Cerro for Black Lives Matter
Disability Rights California
Dolores Street Community Services
Ella Baker Center for Human Rights
First Amendment Coalition
Hillcrest Indivisible
Immigrant Defense Advocates
Immigrant Legal Defense
Initiate Justice
Lawyers' Committee for Civil Rights of the San Francisco Bay Area
Media Alliance
Milpa (motivating Individual Leadership for Public Advancement)
Muslim American Society - Public Affairs & Civic Engagement (MASPACE)
Nextgen California
Oakland Privacy
Pacific Media Workers Guild (the Newsguild-communications Workers of America Local 39521)
Radio Television Digital News Association
Rise Up San Diego
Safe Return Project
San Diego Pro Chapter of The Society of Professional Journalists
Secure Justice
Sister Warriors Freedom Coalition
Smart Justice California
Team Justice
Think Dignity
Opposition
California State Sheriffs’ Association
Peace Officers Research Association of California (PORAC)
Analysis Prepared by: Liah Burnley / PUB. S. / (916) 319-3744
In Pitchess v. Superior Court (1974) 11 Cal.3d.531, the Supreme Court of California held that a criminal defendant’s fundamental right to a fair trial entitles a defendant who is asserting self-defense to a charge of battery to discovery of police personnel records of the arresting police officer.
↑In Long Beach Police Officers Association v. City of Long Beach (2014) 59 Cal.4th 59, the California Supreme Court held that the names of police officers involved in shootings generally must be disclosed under the CPRA. ↑
Date of Hearing: July 11, 2023
Counsel: Liah Burnley
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Reginald Byron Jones-Sawyer, Sr., Chair
SBPCA Bill Id:SB 519
Author:(Atkins) – As Amended Ver:July 5, 2023
As Proposed to be Amended in Committee
SUMMARY: Makes records relating to an investigation conducted by a local detention facility into a death incident available to the public, as specified. Specifically, this bill:
- Provides that records relating to an investigation conducted by a local detention facility involving a death incident maintained by a local detention facility shall not be confidential and shall be made available for public inspection pursuant to the California Public Records Act (CPRA).
- Defines “death incident” as an event where a person has died in the custody or supervision of the local detention facility or where a person who was previously in custody and died within 30 days of being compassionately released.
- Defines “local detention facility” as any city, county, city and county, or regional jail, camp, court holding facility, private detention facility, or other facility in which persons are incarcerated.
- Specifies that the records shall include all of the following:
- Investigative reports;
- Photographic, audio, and video evidence;
- Transcripts or recordings of interviews;
- Autopsy reports;
- All materials compiled and presented for review to the district attorney or to any person or body charged with determining whether to file criminal charges against a person, whether the person’s action was consistent with law and agency policy for purposes of discipline or administrative action, or what discipline to impose or corrective action to take;
- Documents setting forth findings or recommended findings; and,
- Copies of disciplinary records relating to the death incident, including any letters of intent to impose discipline, any documents reflecting modifications of discipline due to the Skelly or grievance process, and letters indicating final imposition of discipline or other documentation reflecting implementation of corrective action.
- Investigative reports;
- Allows agencies to redact the records only for any of the following purposes:
- To remove personal data or information, such as home address, telephone number, or identities of family members, other than the names and work-related information;
- To preserve the anonymity of whistleblowers, complainants, and witnesses;
- To protect confidential medical, financial, or other information of which disclosure is specifically prohibited by federal law or world cause an unwarranted invasion of personal privacy that clearly outweighs the strong public interest in records about possible misconduct;
- Where there is a specific articulable and particularized reason to believe that disclosure of the record would pose a significant danger to the physical safety of any person; or,
- Where, on the facts of the particular case, the public interests served by not disclosing the information clearly outweighs the public interests served by disclosure of information.
- To remove personal data or information, such as home address, telephone number, or identities of family members, other than the names and work-related information;
- Provides that a local detention facility may withhold a record of a death incident that is the subject of an active criminal or administrative investigation, as specified.
- Provides that these provisions do not affect the discovery or disclosure of information contained in an officer’s personnel file pursuant to section 1043 of the Evidence Code, relating to the discovery of peace officer personnel records.
- Provides that these provisions do not supersede or affect the criminal discovery process or the admissibility of personnel records pursuant to Pitchess v. Superior Court (1974) 11 Cal.3d 531.[1]
- Provides that nothing in these provisions are intended to limit the public’s right of access as provided for in Long Beach Police Officers Association v. City of Long Beach (2014) 59 Cal.4th 59.[2]
- Provides that the provisions relating to the public disclosure of records of death incidents shall become operative on July 1, 2024.
- Expands the mission of the Board of State and Community Corrections (BSCC) to include providing statewide leadership, coordination, and technical assistance to promote effective state and local efforts and partnerships in California’s adult and juvenile criminal justice system, including addressing gang problems, and to promote legal and safe conditions for youth, inmates, and staff in local detention facilities.
- Creates the independent Office of the Local Detention Monitor within the BSCC.
- Requires the Governor to appoint, subject to confirmation by the Senate, the Local Detention Monitor to a six-year term. The Local Detention Monitor shall not be removed from office during that term except for good cause.
- Provides that the Local Detention Monitor shall be responsible for oversight of conditions in local detention facilities and shall have the authority of public oversight of a local detention facility in matters relating to in-custody deaths and the delivery of medical and mental health care.
- States that, during the course of an audit or review, the Local Detention Monitor shall identify areas of compliance with local detention facility policies and procedures, specify deficiencies of processes, and recommend corrective actions, including, but not limited to, additional training, additional policies, or changes in policy, and other findings or recommendations that the Local Detention Monitor deems appropriate.
- Provides that specified books, papers, records, and correspondence of the Local Detention Monitor are public records, subject to disclosure under the CPRA, unless they are otherwise exempt from disclosure under all other applicable laws regarding confidentiality, including the Public Safety Officer’s Bill of Rights, among others.
- Provides that, when requested by the Governor, the Senate Committee on Rules, the Speaker of the Assembly, or a board of supervisors by resolution, the Local Detention Monitor shall initiate an audit or review of policies practices and procedures of the local detention facility. Following a completed audit or review, the Local Detention Monitor may perform a follow-up audit or review to determine what measures the department implemented to address the Local Detention Monitor’s findings and to assess the effectiveness of those measures.
- Requires, following an audit, the Local Detention Monitor to prepare and submit a written report, which may be held as confidential and disclosed in confidence, to the BSCC, the audited local detention facility, and the requesting entity.
- Requires, following an audit, the Local Detention Monitor to also prepare and post a public report on the BSCC’s website. When necessary, the public report shall differ from the confidential report only to redact or otherwise protect the names of individuals, specific locations, or other facts that, if not redacted, might hinder prosecution, 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.
- Requires the Local Detention Monitor to report annually, until January 1, 2028, to the Governor and the Legislature a summary of its reports.
- Allows the BSCC to call upon the local detention facility to respond to and discuss the audit at BSCC’s regularly scheduled meetings.
- States Legislative findings and declarations.
EXISTING LAW:
- Declares the people’s right to transparency in government. (Cal. Const., art. I, Sec. 3.)
- Generally provides that access to information concerning the conduct of the people’s business is a fundamental and necessary right of every person in this state. (Gov. Code, § 7921.000.)
- Provides that public records are open to inspection at all times during the office hours of the state or local agency and every person has a right to inspect any public record, except as provided. (Gov. Code, § 7922.525.)
- Provides that, subject to exceptions, the CPRA does not require the disclosure of records of complaints to, or investigations conducted by, or records of intelligence information or security procedures of, the office of the Attorney General and the Department of Justice, the Office of Emergency Services and any state or local police agency, or any investigatory or security files compiled by any other state or local police agency, or any investigatory or security files compiled by any other state or local agency for correctional, law enforcement, or licensing purposes. (Gov. Code, § 7923.600, subd. (a).)
- Provides that in any case in which a person dies while in the custody of any law enforcement agency or while in custody in a local or state correctional facility in this state, the law enforcement agency or the agency in charge of the correctional facility shall report in writing to the Attorney General, 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, as specified. These writings are public records within the meaning of the CPRA. (Gov. Code, § 12525.)
- States that except as specified, peace officer or custodial officer personnel records and records maintained by any state or local agency pursuant to citizens' complaints against personnel are confidential and shall not be disclosed in any criminal or civil proceeding except by discovery. This section does not apply to investigations or proceedings concerning the conduct of peace officers or custodial officers, or any agency or department that employ these officers, conducted by a grand jury, a district attorney's office, or the Attorney General's office. (Pen. Code, § 832.7, subd. (a).)
- Provides that certain categories of peace officer or custodial officer personnel records and records maintained by a state or local agency shall not be confidential and shall be made available for public inspection pursuant to the CPRA, and establishes related procedures, rules and limitations. (Pen. Code, § 832.7, subd. (b).)
- Establishes the BSCC. (Pen. Code, § 6024, subd. (a).)
- States that as of July 1, 2013, the BSCC shall consist of 13 members, as specified. (Pen. Code, § 6025, subd. (b).)
- Provides that the mission of the BSCC shall include providing statewide leadership, coordination, and technical assistance to promote effective state and local efforts and partnerships in California’s adult and juvenile criminal justice system, including addressing gang problems. (Pen. Code, § 6024, subd. (b).)
- Requires BSCC to establish minimum standards for local correctional facilities, to review those standards biennially and make any appropriate revisions. These standards include, but are not limited to health and sanitary conditions, fire and life safety, security, rehabilitation programs, recreation, treatment of persons confined in state and local correctional facilities, and personnel training. (Pen. Code, § 6030.)
- Provides that it is the duty of the BSCC to collect and maintain available information and data about state and community corrections policies, practices, capacities, and needs. (Pen. Code, § 6027, subd. (a).)
- Requires the BSCC to seek the advice of the State Department of Public Health, physicians, psychiatrists, local public health officials, and other interested persons in establishing minimum standards related to health and sanitary conditions. (Pen. Code, § 6030, subd. (g)(1).)
- Requires the BSCC to inspect each local detention facility in the state biennially, at a minimum. (Pen. Code, § 6031, subd. (a).)
FISCAL EFFECT: Unknown
COMMENTS:
- Author's Statement: According to the author, “SB 519 will expand accountability to ensure that investigations relating to in-custody deaths are publicly accessible in order to help reduce future deaths, similar to other public records made available in certain law enforcement use of force cases.
“SB 519 also expands the mission of the Board of State and Community Corrections to adjust the Department’s mission to further promote legal and safe conditions for youth, inmates, and staff in local detention facilities.”
- Deaths in Custody: 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) <http://www.auditor.ca.gov/reports/2021-109/index.html> [July 5, 2023].) In 2022, the San Diego Sheriff’s Department reported 19 deaths in custody, as well as 8 so far in 2023. (San Diego County Sheriff’s Department, Homicide, In-Custody Deaths, Officer Involved Shootings <https://www.sdsheriff.gov/resources/transparency-reports> [July 5, 2023].) San Diego jails have the highest number of “unexplained deaths” out of California’s 12 largest counties. (San Diego Citizens Law Enforcement Review Board, San Diego In-Custody Death Study (April 2022) at pp. iii-iv <https://www.sandiegocounty.gov/content/dam/sdc/clerb/docs/in-custody-death-study/Att.G-CLERB%20In-Custody%20Death%20Study.pdf> [July 5, 2023].)
However, this problem is not confined to San Diego. In March 2023, three individuals incarcerated in Los Angeles County died in just a nine-day period, and for Los Angeles County deaths in custody in 2022, autopsies have only been completed in roughly a third of the 44 cases. (Los Angeles Times, Three Inmates Died in Los Angeles County Jails in Just Over a Week (March 28, 2023) <https://www.latimes.com/california/story/2023-03-28/three-inmates-died-in-the-los-angeles-county-jails-in-just-over-a-week> [July 5, 2023].)
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 while CDCR has dropped from 59.3 percent to 47.1 percent during the same timeframe. In 2019, the percentage of county jail deaths grew to 20.6 percent and the percentage of CDCR deaths decreased to 52.8 percent.” (DOJ, Death in Custody from 2010 to 2019 <https://openjustice.doj.ca.gov/data-stories/2019/death-custody-2010-2019> [July 5, 2023].)
This bill seeks to address the growing crisis of deaths in California’s county jails by creating a robust framework for the release of records related to deaths that occur in the custody of a local correctional facility and establishing a Local Detention Monitor within the BSCC.
- CPRA: In 1968, the Legislature passed the California Public Records Act (CPRA), declaring that “access to information concerning the conduct of the people’s business is a fundamental and necessary right of every person in the state.” (Gov. Code, § 7921.000.) The purpose of the CPRA is to prevent secrecy in government and to contribute significantly to the public understanding of government activities. (City of San Jose v. Superior Court (1999) 74 Cal.App.4th 1008, 1016-1017.)
Under the law, virtually all public records are open to public inspection unless express exempted in statute. (Gov. Code, § 7922.000.) However, even if a record is not expressly exempted, an agency may refuse to disclose records if on balance, the interest of nondisclosure outweighs disclosure. Generally, “records should be withheld from disclosure only where the public interest served by not making a record public outweighs the public interest served by the general policy of disclosure.” In the context of peace officer records, the CPRA contains several relevant exemptions to the general policy requiring disclosure, namely: (1) records of complaints to, or investigations conducted by, any state or local police agency; (2) personnel records, if disclosure would constitute an unwarranted invasion of personal privacy; and, (3) records, the disclosure of which is exempted or prohibited pursuant to federal or state law, including records deemed confidential under state law. (Gov. Code, §§ 7923.600, 7927.700, & 7927.705.)
In 1978, the California Legislature codified the privileges and discovery procedures related to Pitchess motions by enacting Penal Code Sections 832.7 and 832.8 and Evidence Code Sections 1043 through 1045. The Penal Code provisions define peace officer “personnel records” and provide that such records are confidential and subject to discovery only pursuant to the procedures set forth in the Evidence Code. The statutory scheme carefully balances two directly conflicting interests: peace officers’ claims to confidentiality and defendants’ equally compelling interest to all information pertinent to their defense. (Alt v. Superior Court (1999) 74 Cal.App.4th 950.)
In 2006, the California Supreme Court reinterpreted Penal Code section 832.7 to restrict public access to police misconduct records, rendering California one of the most secretive states when it came to police officer records. (Copley-Press, Inv. v. Superior Court (2006) 39 Cal.4th 1272.) However, in 2018, the Legislature passed SB 1421 (Skinner), Chapter 988, Statues of 2018, which amended Penal Code Section 832.7 and permits public inspection of specified peace and custodial officer records pursuant to the CPRA, if they involve the following: incidents involving the discharge of a firearm or electronic control weapons by an officer; incidents involving strikes of impact weapons or projectiles to the head or neck area; incidents of deadly force or serious bodily injury by an officer; incidents of sustained sexual assault by an officer; or incidents relating to sustained findings of dishonesty by a peace officer.
In 2021, the Legislature passed SB 16 (Skinner), Chapter 402, Statutes of 2021, which also amended Penal Code Section 832.7 and took a modest approach to broadening the categories of personnel records subject to disclosure under the CPRA in three ways. First, SB 16 expanded the use of force disclosures to include uses of force by peace or custodial officers that are used to make a person comply, unreasonable force, and excessive force. Second, SB 16 allowed the release of sustained findings of unlawful searches and unlawful arrests. Finally, SB 16 permitted the release of records that show racist or discriminatory conduct that have been sustained by the agency. SB 16 also contained significant privacy protections, such as permitting the redaction of the identifying information of victims, witnesses, and complainants.
While Senate Bills 1421 and 16 were focused on alleged instances of officer misconduct, this bill seeks to address a distinct yet related issue regarding law enforcement records of death in custody investigations. In order to achieve its goal of transparency, this bill adapts the disclosure framework initially established by SB 1421and SB 16 to apply to local detention facility records regarding deaths in custody. Specifically, this bill would specify that records related to an investigation conducted by the local detention facility involving a death incident are not confidential and are subject to release pursuant to a CPRA request. The process governing the release of records related to deaths in custody set forth by this bill should not be unreasonably difficult for agencies to comply with, as they have had over four years to develop policies and systems to comply with the nearly identical process established by SB 1421 and SB 16.
- BSCC: Established in 2012, the BSCC is an independent statutory agency that provides leadership to the adult and juvenile criminal justice systems, expertise on Public Safety Realignment issues, a data and information clearinghouse, and technical assistance on a wide range of community corrections issues. (Pen. Code, §§ 6024-6025.) In addition, the BSCC promulgates regulations for adult and juvenile detention facilities, conducts regular inspections of those facilities, develops standards for the selection and training of local corrections and probation officers, and administers significant public safety-related grant funding. (BSCC, About the Board of State and Community Corrections <https://www.bscc.ca.gov/m_bsccboard/> [July 5. 2023].) The BSCC has four primary responsibilities: setting standards for and inspecting local detention facilities; setting standards for the selection and training of local correctional staff; administering various grant programs related to recidivism and reduction strategies; and administering the state’s construction financing program for local detention facilities. (Ibid.)
Current law requires the BSCC to maintain minimum standards establish minimum standards for local correctional facilities, to review those standards biennially and make any appropriate revisions. These standards include, but are not limited to health and sanitary conditions, fire and life safety, security, rehabilitation programs, recreation, treatment of persons confined in state and local correctional facilities, and personnel training. (Pen. Code, § 6030.) Notably, although the BSCC is required to inspect local detention facilities to determine compliance with the standards and to report noncompliance, the BSCC is not authorized under state law to enforce the standards (e.g., by fining a local detention facility).
The BSCC’s standards and inspection program is one of the primary ways that the state exercises oversight of local detention facilities. Growing concerns over conditions inside of the state’s local detention facilities, including isolation of mentally ill inmates, violence, suicide, use of force, and lack of transparency have led to the introduction of a number of bills in recent years aimed at increasing transparency and accountability as they relate to county jails. In early 2020, Governor Newsom directed the BSCC to strengthen the state’s oversight of county jails, and the BSCC has since developed an enhanced jail inspection process which began in 2021. (BSCC, Targeted Jail Inspections (Feb. 11, 2021), <https://www.bscc.ca.gov/wp-content/uploads/Info-Item-6-Targeted-Inspections-FINAL.pdf>.)
A recent LAO report concluded that it was difficult to assess the BSCC’s standards and inspection program “primarily because the program lacks a clearly defined mission and goals from which to measure specific program outcomes.” (LAO, A Review of State Standards and Inspections for Local Detention Facilities (Feb. 2021) at p.8 <https://lao.ca.gov/reports/2021/4371/Standards-Inspections-Local-Detention-Facilities-021621.pdf> [as of July 5, 2023].) The report indicated that due to the lack of specificity in state law regarding the BSCC’s mission or goals, “it is unclear whether the intended mission of the program is to assist local government in determining legal requirements for facility conditions, create statewide uniformity in facility operations, ensure humane and safe conditions, or something else” and that “[t]he absence of a defined program mission and goals in statute leaves significant discretion to BSCC and the administration in determining how to operate the program.” (Ibid.) The report further stated that the lack of a clear mission and goals undermines Legislative oversight due to the difficulty in assessing “whether the program fulfills an important state function that is consistent with its priorities”…or “whether the program is operating effectively and achieving its goals.” (Ibid.)
Among other recommendations, the report urged the Legislature to “establish clear program mission goals by establishing in statute that the mission of the standards and inspection program is to promote legal, humane and safe conditions for youth, inmates and staff in local detention facilities.” (LAO, A Review of State Standards and Inspections for Local Detention Facilities, supra at pp. 8-10.) To further this mission, the report recommended establishing four goals for the program: (1) maintain standards that help local leaders determine and meet legal requirements; (2) facilitate transparency and accountability through standards and inspections; (3) promote equitable provision of legal, humane, and safe conditions; and (4) provide technical assistance and statewide leadership to facilitate systemic improvement in detention conditions. (Ibid.)
This bill partially adopts the above recommendation of the LAO report by expanding the BSCC’s mission to include the promotion of legal and safe conditions for youth, inmates, and staff in local detention facilities.
This bill would also create an independent office of the Local Detention Monitor within the BSCC. The Local Detention Monitor would be appointed by the Governor, subject to confirmation by the Senate and serve a six-year term, and could not be removed from the office during that term except for good cause. Under this bill, the Local Detention Monitor would be responsible for oversight of conditions in local facilities, namely in-custody deaths and the delivery of medical and mental health care, under policies to be developed by the Local Detention Monitor. The Local Detention Monitor, upon request by the Governor, the Senate Committee on Rules, the Speaker of the Assembly, or a board of supervisors by resolution, is required to initiate an audit or review of policies practices, and procedures of the local detention facility. During the audit or review, the Local Detention Monitor is required to, among other things, identify areas of full and partial compliance or noncompliance with local detention facility policies, and procedures, and recommend corrective actions.
- Argument in Support: According to the California News Publishers Association (CNPA), “Substantial strides have been made in recent years to lift the shroud of secrecy around law enforcement records, through SB 16 (Skinner) and SB 1421 (Skinner), which required disclosure of records about shootings, use of force resulting in death or great bodily injury, and various forms of misconduct.
“This bill is a logical next step to increase transparency around deaths that occur inside our jails. Local jails are intrinsic to the criminal legal system, and the public deserves to have a more complete picture of what causes deaths inside these facilities.
“In the absence of effective and impartial outside scrutiny, the public is left to rely only on limited information that law enforcement is willing to release about in-custody deaths. This expansion of access to records on deaths in custody is critical to effective public oversight.
“SB 519 will help increase the public’s understanding in order to promote better local policy decisions that will help save lives of those in custody and hold responsible officials accountable to the public.” - Argument in Opposition: According to the California State Sheriffs’ Association (CSSA), “we are concerned about the duplicative, additional layer of oversight that the creation of the independent detention monitor portends in the manner in which SB 519 would operate. County jails and sheriffs are currently overseen by the Board of State and Community Corrections (BSCC), county grand juries, state and federal Departments of Justice, state and federal courts, the state auditor, district attorneys, and voters.
“We also understand and share the desire to reduce deaths in custody, but this bill conditions the additional contemplated reviews on the request of the Governor, the Legislature, or boards of supervisors. We fear this construct will fall victim to political whim, resulting in invasive, burdensome, and duplicative investigations.
“SB 519 grants significant and largely unfettered access to documents and staff, which will create workload and resource challenges for county agencies. Additionally, the ability of the monitor to require employees to be interviewed creates substantial concerns relative to employee labor and due process protections.”
- Related Legislation:
- AB 268 (Weber), would require BSCC to develop standards for mental health care in local correctional facilities, commencing on July 1, 2024. AB 268 is pending in the Senate Public Safety Committee.
- AB 280 (Holden), would require specified correctional facilities in the State to follow specified procedures related to segregated confinement and would have require BSCC to assess each local correctional facility, including private detention facilities, for compliance with procedures relating to segregated confinement. AB 280 is pending in the Senate Public Safety Committee.
- AB 898 (Lackey), would require probation departments to annually report to BSCC all injuries to juvenile hall staff and juvenile hall residents resulting from an interaction with staff and a resident. AB 898 is pending in the Senate Public Safety Committee.
- SB 762 (Becker), would require the BSCC to require local correctional facilities to have a procedure for affirming that an incarcerated individual is alive and well during a safety check. SB 762 is pending in the Assembly Appropriations Committee.
- AB 268 (Weber), would require BSCC to develop standards for mental health care in local correctional facilities, commencing on July 1, 2024. AB 268 is pending in the Senate Public Safety Committee.
- Prior Legislation:
- SB 1137 (Atkins), of the 2021-2022 Legislative Session, would have expanded the BSCC’s mission to include the promotion of legal and safe conditions for youth, inmates, and staff in local detention facilities. SB 1137 was substantially amended.
- AB 2343 (Weber), of the 2021-2022 Legislative Session, would have required BSCC to develop and adopt regulations pertaining to standards of care for incarcerated persons with mental health issues by local correctional facilities, including requirements for training of correctional staff, requirements for mental health screening, and requirements for safety checks of at-risk incarcerated persons. AB 2343 was vetoed.
- AB 2557 (Bonta), of the 2021-2022 Legislative Session, would have abrogated the California Supreme Court holding in Copley Press, Inc. v. Superior Court (2006) 39 Cal.4th 1272, and make records and information maintained for the purpose of civilian oversight of peace officers subject to disclosure pursuant to the CPRA. AB 2557 was never heard by the Assembly Judiciary Committee.
- AB 2632 (Holden), of the 2021-2022 Legislative Session, would have required specified correctional facilities in the State to follow specified procedures related to segregated confinement and would have required BSCC to assess each local correctional facility, including private detention facilities, for compliance with procedures relating to segregated confinement. AB 2632 was vetoed.
- SB 16 (Skinner), Chapter 402, Statutes of 2021, expanded the categories of police personnel records that are subject to disclosure under the CPRA.
- SB 1421 (Skinner), Chapter 988, Statutes of 2018, authorized inspection of specified peace and custodial officer records pursuant to the CPRA.
- SB 1286 (Leno), of the 2015-2016 Legislative Session, would have provided greater public access to peace officer and custodial officer personnel records and other records maintained by a state or local agency related to complaints against those officers. SB 1286 was held in the Senate Appropriations Committee.
- SB 74 (Committee on Budget and Fiscal Review), Chapter 30, Statutes of 2013, restructured the BSCC, as of July 1, 2013, with 13 members including all members included in the existing composition, plus the creation of a chair to be appointed by the Governor with Senate confirmation.
- SB 92 (Committee on Budget and Fiscal Review), Chapter 36, Statutes of 2011, created the BSCC, beginning July 1, 2012.
- SB 1137 (Atkins), of the 2021-2022 Legislative Session, would have expanded the BSCC’s mission to include the promotion of legal and safe conditions for youth, inmates, and staff in local detention facilities. SB 1137 was substantially amended.
REGISTERED SUPPORT / OPPOSITION:
Support
Alliance San Diego
Asian Americans Advancing Justice-southern California
Black Panther Party - San Diego
California Broadcasters Association
California Collaborative for Immigrant Justice
California News Publishers Association
California Public Defenders Association
California Public Defenders Association (CPDA)
Californians for Safety and Justice
Change Begins With Me (INDIVISIBLE)
Change Begins With Me Indivisible Group
Communities United for Restorative Youth Justice (CURYJ)
Consumer Attorneys of California
Del Cerro for Black Lives Matter
Disability Rights California
Dolores Street Community Services
Ella Baker Center for Human Rights
First Amendment Coalition
Hillcrest Indivisible
Immigrant Defense Advocates
Immigrant Legal Defense
Initiate Justice
Lawyers' Committee for Civil Rights of the San Francisco Bay Area
Media Alliance
Milpa (motivating Individual Leadership for Public Advancement)
Muslim American Society - Public Affairs & Civic Engagement (MASPACE)
Nextgen California
Oakland Privacy
Pacific Media Workers Guild (the Newsguild-communications Workers of America Local 39521)
Radio Television Digital News Association
Rise Up San Diego
Safe Return Project
San Diego Pro Chapter of The Society of Professional Journalists
Secure Justice
Sister Warriors Freedom Coalition
Smart Justice California
Team Justice
Think Dignity
Opposition
California State Sheriffs’ Association
Peace Officers Research Association of California (PORAC)
Analysis Prepared by: Liah Burnley / PUB. S. / (916) 319-3744
In Pitchess v. Superior Court (1974) 11 Cal.3d.531, the Supreme Court of California held that a criminal defendant’s fundamental right to a fair trial entitles a defendant who is asserting self-defense to a charge of battery to discovery of police personnel records of the arresting police officer.
↑In Long Beach Police Officers Association v. City of Long Beach (2014) 59 Cal.4th 59, the California Supreme Court held that the names of police officers involved in shootings generally must be disclosed under the CPRA. ↑
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | SB 519 |
THIRD READING
Bill No: SB 519
Author: Atkins (D), et al.
Amended: 4/13/23
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE: 4-0, 4/25/23
AYES: Wahab, Bradford, Skinner, Wiener
NO VOTE RECORDED: Ochoa Bogh
SENATE GOVERNANCE & FIN. COMMITTEE: 6-0, 4/26/23
AYES: Caballero, Blakespear, Durazo, Glazer, Skinner, Wiener
NO VOTE RECORDED: Seyarto, Dahle
SENATE APPROPRIATIONS COMMITTEE: 5-0, 5/18/23
AYES: Portantino, Ashby, Bradford, Wahab, Wiener
NO VOTE RECORDED: Jones, Seyarto
SUBJECT: Corrections
SOURCE: Author
DIGEST:
This bill authorizes county boards of supervisors to establish an independent department of corrections; makes records relating to an investigation conducted by a local detention facility into incidents involving deaths in custody or related to a subject officer available for public inspection; expands the mission of the Board of State and Community Corrections.
ANALYSIS:
Existing law:
- Provides that the Legislature shall provide for county powers, an elected county sheriff, an elected district attorney, an elected assessor, and an elected governing body in each county. (Cal. Const. Art. XI, Sec. 1, subd. (b).)
- Provides that county charters shall provide for, among other things, a governing body of 5 or more members, an elected sheriff and other officers, the performance of duties required by statute, and the powers and duties of governing bodies and all other county officers. (Cal. Const. Art. XI, Sec. 4.)
- Provides that the board of supervisors of any county, may, by resolution, establish a department of corrections, to be headed by an officer appointed by the board, which shall have jurisdiction over all county functions, personnel, and facilities, or so many as the board names in its resolution, relating to institutional punishment, care, treatment, and rehabilitation of prisoners, including, but not limited to, the county jail and industrial farms and road camps, their functions and personnel. (Govt. Code § 23013.)
- Provides that notwithstanding any other provision of law, except in counties in which the sheriff, as of July 1, 1993, is not in charge of and the sole and exclusive authority to keep the county jail and the prisoners in it, the sheriff shall take charge of an be the sole and exclusive authority to keep the county jail and the prisoners in it, as specified. (Govt. Code §26605.)
- Provides that the common jails in the several counties of this state are kept by the sheriffs of the counties in which they are respectively situated, and sets forth the manner in which they are to be used. (Penal Code § 4000.)
- Declares the people’s right to transparency in government. (“The people have the right of access to information concerning the conduct of the people’s business, and therefore, the meetings of public bodies and the writings of public officials and agencies shall be open to public scrutiny....”) (Cal. Const., art. I, Sec. 3.)
- Provides, under the California Public Records Act (CPRA), generally, that access to information concerning the conduct of the people’s business is a fundamental and necessary right of every person in this state. (Gov, Code § 7921.000.)
- Provides that public records are open to inspection at all times during the office hours of the state or local agency and every person has a right to inspect any public record, except as provided. (Gov. Code § 7922.525)
- Provides that except as provided, the CPRA does not require the disclosure of records of complaints to, or investigations conducted by, or records of intelligence information or security procedures of, the the office of the Attorney General and the Department of Justice, the Office of Emergency Services and any state or local police agency, or any investigatory or security files compiled by any other state or local police agency, or any investigatory or security files compiled by any other state or local agency for correctional, law enforcement, or licensing purposes. (Gov. Code §7923.600(a).)
- Requires certain information regarding the investigation of crimes, including recordings of “critical incidents,” as defined, to be disclosed to the public under specified circumstances and subject to certain limitations. (Gov. Code §§ 7923.605 et. seq.)
- Provides that in any case in which a person dies while in the custody of any law enforcement agency or while in custody in a local or state correctional facility in this state, the law enforcement agency or the agency in charge of the correctional facility shall report in writing to the Attorney General, 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, as specified. These writings are public records within the meaning of the CPRA. (Gov. Code §12525.)
- Provides that a “custodial officer” is a public officer, not a peace officer, employed by a law enforcement agency of a city or county who has the authority and responsibility for maintaining custody of prisoners and performs tasks related to the operation of a local detention facility used for the detention of persons usually pending arraignment or upon court order either for their own safekeeping or for the specific purpose of serving a sentence in that facility. (Pen. Code §831(a).)
- Requires law enforcement agencies to establish a procedure to investigate complaints by members of the public against personnel of those agencies and make a written description of the procedure available to the public. (Pen. Code §832.5(a).)
- Defines “personnel records” as any file maintained under that individual’s name by his or her employing agency and containing records relating to personal data, employee advancement, appraisal or discipline, complaints or investigations of complaints concerning specified events, and other specified topics. (Pen. Code §832.8(a).)
- Defines “sustained” as a final determination by an investigating agency, commission, board, hearing officer, or arbitrator, as applicable, following an investigation and opportunity for an administrative appeal pursuant to specified provisions of the Peace Officer’s Bill of Rights, that the actions of the peace officer or custodial officer were found to violate law or department policy. (Pen. Code §832.8(b).)
- States that except as specified, peace officer or custodial officer personnel records and records maintained by any state or local agency pursuant to citizens' complaints against personnel are confidential and shall not be disclosed in any criminal or civil proceeding except by discovery. This section does not apply to investigations or proceedings concerning the conduct of peace officers or custodial officers, or any agency or department that employ these officers, conducted by a grand jury, a district attorney's office, or the Attorney General's office. (Pen. Code, § 832.7(a).)
- Provides that certain categories of peace officer or custodial officer personnel records and records maintained by a state or local agency shall not be confidential and shall be made available for public inspection pursuant to the CPRA, and establishes related procedures, rules and limitations. (Pen. Code, § 832.7(b).)
- Establishes the Board of State and Community Corrections (BSCC). (Pen. Code, § 6024, subd. (a).)
- Provides that the mission of the BSCC is to provide statewide leadership, coordination, and technical assistance to promote effective state and local efforts and partnerships in California’s adult and juvenile criminal justice system, including addressing gang problems. Provides that this mission reflect the principle of aligning fiscal policy and correctional practices, including, but not limited to prevention, intervention, suppression, supervision, and incapacitation, to promote a justice investment strategy that fits each county and is consistent with the integrated statewide goal of improved public safety through cost-effective, promising, and evidence-based strategies for managing criminal justice populations. (Pen. Code, § 6024, subd. (b).)
- Requires the BSCC to regularly seek advice from a balanced range of stakeholders and subject matter experts on issues pertaining to adult corrections, juvenile justice, and gang problems relevant to its mission. Requires the BSCC to seek to ensure that its efforts are systematically informed by experts and stakeholders with the most specific knowledge concerning the subject matter, include the participation of those who must implement a board decision and are impacted by a board decision, and promote collaboration and innovative problem solving consistent with the mission of the board. Authorizes the BSCC to create special committees, with the authority to establish working subgroups as necessary, in furtherance of this subdivision to carry out specified tasks and to submit its findings and recommendations from that effort to the board. (Pen. Code, § 6024, subd. (c).)
This bill:
- Provides that a board of supervisors may establish a department of corrections and rehabilitation to be headed by an executive officer appointed by the board, and removes a limitation precluding boards from exercising this power after July 1, 1993.
- Provides that if a board of supervisors exercises the authority conferred above, the board shall set forth its reasons for establishing a department of corrections and rehabilitations, which may include, but are not limited to, any of several specified findings
- Provides that if a board of supervisors exercises their authority to establish a department of corrections and rehabilitation per the above provision, the executive officer appointed by the board shall meet four specified qualifications.
- Provides that if a board of supervisors exercises their authority to establish a department of corrections and rehabilitation per the above provision, the executive officer appointed by the board shall assume a sheriff’s duties under provisions of existing law pertaining to a county jail.
- Provides that the provision of existing law requiring the sheriff to take charge of and be the sole and exclusive authority to keep the county jail, as specified, does not apply to either 1) a county in which the sheriff, as of July 1, 1993, is not in charge of and the sole and exclusive authority to keep the county jail and the incarcerated persons in it, or 2) a county that has established a department of corrections and rehabilitations pursuant to this bill.
- Sets forth several definitions for terms used throughout its provisions.
- Provides that notwithstanding the general confidentiality of peace officer records or any other law, the following records maintained by a local detention facility shall not be confidential and shall be made available for public inspection pursuant to the CPRA:
- Any record relating to an investigation conducted by the local detention facility involving a death incident.
- Any local detention facility personnel record of a subject officer.
- Provides that records subject to disclosure under the bill shall include all investigative reports; photographic, audio, and video evidence; transcripts or recordings of interviews; autopsy reports; all materials compiled and presented for review to the district attorney or to any person or body charged with determining whether to file criminal charges against a subject officer, whether the subject officer’s action was consistent with law and agency policy for purposes of discipline or administrative action, or what discipline to impose or corrective action to take; documents setting forth findings or recommended findings; and copies of disciplinary records relating to the death incident, including any letters of intent to impose discipline, any documents reflecting modifications of discipline due to the Skelly or grievance process, and letters indicating final imposition of discipline or other documentation reflecting implementation of corrective action.
- Provides that a record subject to disclosure under the bill shall include instances where the subject officer resigned before the local detention facility or oversight agency concluded its investigation into the death incident.
- Provides that a record from a separate and prior investigation or assessment of a separate death incident shall not be released unless it is independently subject to disclosure under the bill’s provisions.
- Provides that an agency shall redact a record disclosed pursuant to its provisions only for the following purposes: to remove personal data, as specified; to preserve the anonymity of whistleblowers, complainants, victims and witnesses; to protect specified confidential information the disclosure of which would cause a privacy invasion that clearly outweighs the public interest in records about officer misconduct; and where there is specific, articulable, and particularized reason to believe that disclosure of the record would pose a significant danger to the physical safety of the custodial officer or another person.
- Provides that an agency may redact a record disclosed pursuant to its provisions, including personal identifying information, where, on the facts of the particular case, the public interest served by not disclosing the information clearly outweighs the public interest served by disclosure.
- Provides that during an active criminal investigation, disclosure of a record of a death incident may be delayed for up to 60 days from the date of the incident or until the district attorney determines whether to file criminal charges, which, whichever occurs first, but the local detention facility must provide, in writing, the specific basis for the facility’s determination that the interest in delaying disclosure clearly outweighs the public interest in disclosure. The writing shall include the estimated date for disclosure.
- Provides that after 60 days from the death incident, the local detention facility may continue to delay the disclosure of records information if the disclosure could reasonably be expected to interfere with a criminal enforcement proceeding against a subject officer, as specified.
- Provides that in an action to compel disclosure pursuant to the CPRA, a local detention facility may justify delay by filing an application to seal the basis for withholding, as specified, if disclosure of the written basis itself would impact a privilege or compromise a pending investigation. This clause does not prohibit a court from conducting in camera review to determine whether privilege exists.
- Provides that if criminal charges are filed related to the death incident, the local detention facility may delay the disclosure of records or information until a verdict on those charges is returned at trial or, if a plea of guilty or no contest is entered, the time to withdraw the plea pursuant to existing law.
- Provides that during an administrative investigation into an incident subject to disclosure under the bill, the local detention facility may delay the disclosure of records or information until the facility determines whether the death incident violated a law or agency policy, but no longer than 180 days after the date of the local detention facility’s discovery of the death incident by a person authorized to initiate the investigation.
- Specifies that a record of a complaint, or the investigations, findings, or dispositions of that complaint, shall not be released pursuant to this section if the complaint is frivolous, as defined, or if the complaint is unfounded.
- Specifies that except to the extent temporary withholding for a longer period is permitted, records subject to disclosure under the bill shall be provided at the earliest possible time and no later than 45 days from the date of a request for disclosure.
- Provides that attorney-client privilege does not prohibit the disclosure of specified information and records, subject to limitations.
- Provides that, notwithstanding existing law, the local detention facility may do any of the following:
- Release to the complaining party a copy of the complaining party’s own statements at the time the complaint is filed.
- Disseminate data regarding the number, type, or disposition of complaints made against its custodial officers if that information is in a form that does not identify the individuals involved.
- Release factual information concerning a disciplinary investigation if the custodial officer who is the subject of the disciplinary investigation, or the officer’s agent or representative, publicly makes a statement they know to be false concerning the investigation or the imposition of disciplinary action, as specified.
- Provides that the local detention facility shall provide written notification to the complaining party of the disposition of the complaint within 30 days of the disposition. However, the notification is not conclusive or binding or admissible as evidence in any separate or subsequent action or proceeding, as specified.
- Expands the BSCC’s mission to include promoting legal and safe conditions for youth, inmates, and staff in local detention facilities.
Comments
According to the author, “Local detention centers have unfortunately been slow to address internal issues and in many cases unresponsive, especially as it relates to the alarming increase in deaths of persons in-custody. This is a growing problem not only here in San Diego County, but at other detention facilities around the state. It’s critical to have more oversight and accountability. SB 519 would make investigatory reports on in-custody deaths public, so families can have the transparency they deserve and the county can work to reduce further deaths. This bill would also give the Board of Supervisors the authority to appoint a chief executive officer with the responsibility of operating detention facilities if a Sheriff’s department is unresponsive or fails to address the problems with its county jail.”
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes
According to the Senate Appropriations Committee, unknown, potentially reimbursable costs for local detention facilities to receive, redact as appropriate, and publicly disclose records regarding investigations into death incidents and subject officers (local funds, General Fund). General Fund costs will depend on whether this bill constitutes a reimbursable state mandate, subject to a determination by the Commission State Mandates.
SUPPORT: (Verified 5/18/23)
Alliance San Diego
Asian Americans Advancing Justice – Southern California
Black Panther Party - San Diego
California Broadcasters Association
California Collaborative for Immigrant Justice
California News Publishers Association
California Public Defenders Association
Californians for Safety and Justice
Change Begins With Me Indivisible Group
Communities United for Restorative Youth Justice
Consumer Attorneys of California
Del Cerro for Black Lives Matter
Disability Rights California
Dolores Street Community Services
Ella Baker Center for Human Rights
First Amendment Coalition
Hillcrest Indivisible
Immigrant Defense Advocates
Immigrant Legal Defense
Initiate Justice
Lawyers' Committee for Civil Rights of the San Francisco Bay Area
Media Alliance
MILPA
Muslim American Society - Public Affairs & Civic Engagement
NextGen California
Oakland Privacy
Rise Up San Diego
Safe Return Project
Secure Justice
Sister Warriors Freedom Coalition
Smart Justice California
Team Justice
Think Dignity
OPPOSITION: (Verified 5/18/23)
None received
Prepared by: Alex Barnett / PUB. S. /
5/20/23 13:00:17
**** END ****
SENATE COMMITTEE ON APPROPRIATIONS
Senator Anthony Portantino, Chair
2023 - 2024 Regular Session
SB 519 (Atkins) - Corrections
Version: April 13, 2023 | Policy Vote: PUB. S. 4 - 0, GOV. & F. 6 - 0 |
Urgency: No | Mandate: Yes |
Hearing Date: May 8, 2023 | Consultant: Matthew Fleming |
Bill Summary:
SB 519 authorize county boards of supervisors to establish a county department of corrections and rehabilitation and impose certain requirements on counties that choose to exercise that authority. The bill would also make local detention facility records relating to specified investigations available to the public, as specified, and expand the mission of the Board of State Community Corrections (BSCC) to include the promotion of legal and safe conditions for youth, inmates, and staff in local detention facilities.
Fiscal Impact:
Unknown, potentially reimbursable costs for local detention facilities to receive, redact as appropriate, and publicly disclose records regarding investigations into death incidents and subject officers (local funds, General Fund). General Fund costs will depend on whether this bill constitutes a reimbursable state mandate, subject to a determination by the Commission State Mandates.
Background:
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) has taken adequate action in response to the deaths of incarcerated individuals. The report identified deficiencies with the way the Sheriff’s Department provided care for and protected incarcerated individuals that likely contributed to deaths in its jails. These deficiencies related to its provision of medical and mental health care, as well as its performance of checks to ensure the safety and health of individuals in its custody. The report further found that the Sheriff’s Department has not consistently taken meaningful action in response when in custody deaths have occurred.
In 2022, the year following the audit’s release, the Sheriff’s Department reported 19 deaths in custody, as well as 2 so far in 2023. And in April 2022, CLERB released a report in which it found that after considering countywide mortality rates, San Diego jails have the highest number of “unexplained deaths” out of California’s 12 largest counties. However, this problem is not confined to San Diego. Last month (March 2023), three Los Angeles County inmates died in just a nine-day period, and for Los Angeles County deaths in custody in 2022, autopsies have only been completed in roughly a third of the 44 cases.
One major provision of this bill restores to counties the authority to create a local department of corrections and remove the responsibility of maintaining jails and their inmates from the purview of the elected county sheriff. Counties had this authority prior to 1993, but that ended with the passage of SB 911 (Calderon, Ch. 1236, Stats. of 1993).
This bill also specifies that two types of records are not confidential and are subject to public release pursuant to a California Public Records Act request. Those are any record related to an investigation conducted by the local detention facility involving a death incident, and any local detention facility personnel record of a subject officer.
In addition the bill proposes a modest expansion to the mission of the BSCC, to include the promotion of legal and safe conditions for youth, inmates, and staff in local detention facilities.
Proposed Law:
- Provides that a board of supervisors may establish a department of corrections and rehabilitation to be headed by an executive officer appointed by the board, and removes a limitation precluding boards from exercising this power after July 1, 1993.
- Provides that if a board of supervisors exercises the authority conferred above, the board shall set forth its reasons for establishing a department of corrections and rehabilitations.
- Provides that if a board of supervisors exercises their authority to establish a department of corrections and rehabilitation per the above provision, the executive officer appointed by the board shall meet specified qualifications.
- Provides that if a board of supervisors exercises their authority to establish a department of corrections and rehabilitation per the above provision, the executive officer appointed by the board shall assume a sheriff’s duties under provisions of existing law pertaining to a county jail.
- Provides that notwithstanding the general confidentiality of peace officer records or any other law, the following records maintained by a local detention facility shall not be confidential and shall be made available for public inspection pursuant to the CPRA:
- Any record relating to an investigation conducted by the local detention facility involving a death incident; or,
- Any local detention facility personnel record of a subject officer.
- Provides that records subject to disclosure under the bill shall include all investigative reports; photographic, audio, and video evidence; transcripts or recordings of interviews; autopsy reports; all materials compiled and presented for review to the district attorney or to any person or body charged with determining whether to file criminal charges against a subject officer, whether the subject officer’s action was consistent with law and agency policy for purposes of discipline or administrative action, or what discipline to impose or corrective action to take; documents setting forth findings or recommended findings; and copies of disciplinary records relating to the death incident, including any letters of intent to impose discipline, any documents reflecting modifications of discipline due to the Skelly or grievance process, and letters indicating final imposition of discipline or other documentation reflecting implementation of corrective action.
- Expands the BSCC’s mission to include promoting legal and safe conditions for youth, inmates, and staff in local detention facilities.
Related Legislation:
- SB 1137 (Atkins, 2022), as amended, would have expanded the BSCC’s mission to include the promotion of legal and safe conditions for youth, inmates, and staff in local detention facilities. SB 1137 was amended into a different bill and chaptered.
- SB 911 (Calderon) Ch. 1236, Stats. 1993 provided that the sheriff is the sole and exclusive authority to keep the county jail and the prisoners in it, except as specified.
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SENATE COMMITTEE ON GOVERNANCE AND FINANCE
Senator Anna M. Caballero, Chair
2023 - 2024 Regular
Bill No: | SB 519 | Hearing Date: | 4/26/23 |
Author: | Atkins | Tax Levy: | No |
Version: | 4/13/23 | Fiscal: | Yes |
Consultant: | Peterson | ||
Corrections
Allows a county to create a department of corrections and rehabilitation to manage the county jail instead of the sheriff, changes the procedures for investigating incidents that take place while someone is in custody, and makes other changes.
Background
County governance. Counties fall into two types: “general law” and “charter.” General law counties are organized according to the generally applicable laws for county governance established by the Legislature that set the number, appointment, and election procedures for county officials, including the board of supervisors.
Charter counties have greater leeway to determine their own governance structure, including to elect additional supervisors and appoint or elect additional officers. A new charter, or the amendment of an existing charter, may be proposed by the board of supervisors, a charter commission, or an initiative petition. There are 14 charter counties: Alameda, Butte, El Dorado, Fresno, Los Angeles, Orange, Placer, Sacramento, San Bernardino, San Diego, San Francisco, San Mateo, Santa Clara, and Tehama. Most large counties are charter counties: eight of the ten largest counties by population have adopted charters.
All counties elect or appoint a variety of county officials. The California Constitution requires all counties to elect a sheriff, district attorney, assessor, and board of supervisors, and state law lists the officers that general law counties must have. State law gives county boards of supervisors the authority to consolidate the duties of certain county offices by ordinance.
Duties of the sheriff. Sheriffs have three primary duties: (1) police unincorporated areas, (2) operate the county jail, and (3) attend to and execute orders of the courts. In large counties, they manage thousands of employees, including both sworn peace officers and other non-sworn staff. Some counties have enacted ordinances to consolidate the sheriff and coroner into a single office.
SB 1356 (Campbell, 1988) added eligibility requirements to run for county sheriff. To justify the need for qualifications, the California State Sheriffs Association, who sponsored the legislation, argued:
- The position of sheriff is a complex law enforcement position and it is only reasonable to require a minimum amount of law enforcement education and experience for this important position; and
- Without these qualifications, unqualified persons regularly seek access to a position that is responsible for the administration and operation of a county sheriff's office. This unqualified access has cluttered the campaign process with office seekers who have no law enforcement experience. If elected, these individuals are either unqualified to hold office or of such a questionable background as to have a negative impact on the office.
SB 1356 provided that no person is eligible to become a candidate for the office of sheriff in any county unless, at the time of the final filing date for election, he or she meets one of the following criteria:
- An active or inactive advanced certificate issued by the Commission on Peace Officer Standards and Training (POST).
- One year of full-time, salaried law enforcement experience at least a portion of which shall have been accomplished within five years prior to the date of filing, and possesses a master’s degree from an accredited college or university.
- Two years of full-time, salaried law enforcement experience at least a portion of which shall have been accomplished within five years prior to the date of filing, and possesses a bachelor’s degree from an accredited college or university.
- Three years of full-time, salaried law enforcement experience at least a portion of which shall have been accomplished within five years prior to the date of filing, and possesses an associate in arts or associate in science degree, or the equivalent, from an accredited college.
- Four years of full-time, salaried law enforcement experience at least a portion of which shall have been accomplished within five years prior to the date of filing, and possesses a high school diploma or the equivalent.
All individuals holding the office of sheriff on January 1, 1989, were deemed to have met all qualifications required for candidates seeking election. These requirements have remained unchanged since.
Until 1957, sheriffs had the authority to manage jails. In 1957, the Legislature enacted SB 865 (Richards), which allowed a board of supervisors to adopt a resolution to establish a department of corrections to take over the jail. The board of supervisors would appoint a director who had jurisdiction over the county’s roles relating to punishment, care, treatment, and rehabilitation of incarcerated persons, including the county jail, industrial farms, and road camps. In 1975, the Napa County Board of Supervisors adopted a resolution to establish their department of corrections that continues to operate their jail to this day.
In 1993, SB 991 (Calderon) prevented other counties from shifting the management of the county jail away from the sheriff by requiring that the sheriff be the sole and exclusive authority to keep the county jail, except for those under the supervision of a work furlough administrator, and except in counties that shifted these responsibilities away from the sheriff before July 1, 1993. Napa County remains the only county with a jail managed by a department of corrections, not the sheriff. Even in counties where the sheriff operates the jail, the county board of supervisors determines the level of funding it provides to the sheriff’s department in its annual budget process.
Investigations in custody. Article I, Section Three of the California Constitution guarantees that “the people have the right to instruct their representatives, petition government for redress of grievances, and assemble freely to consult for the common good.” To ensure that the right to openly scrutinize public agencies is maintained, the Constitution requires local agencies to comply with certain state laws that outline the basic requirements for public access to meetings and public records. The California Public Records Act (CPRA) outlines the types of documents that public agencies must disclose to the public. While the CPRA requires that public agencies make many records accessible to the public, it generally does not require the disclosure of records related to investigations that police agencies complete, or those compiled for correctional, law enforcement, or licensing purposes, unless they meet certain provisions such as recordings of specified critical incidents.
In cases where an individual dies in custody of a law enforcement agency, the agency must report the incident, and all facts in possession of the agency, to the Attorney General within ten days of the death. These records are subject to disclosure under the CPRA.
Law enforcement agencies must have a procedure for investigating public complaints against law enforcement personnel, and disclose the procedure to the public. While law enforcement officer personnel records, and public complaints against them, are generally confidential, there are some exceptions for records relating to incidents where law enforcement officers used firearms, force resulting in death or great bodily injury, or other specified instances.
Deaths in county jails. Between 2006 and 2020, 185 people have died in San Diego County jails. In February 2022, the State Auditor’s Office released an audit of the San Diego County Sheriff’s Department to determine the reasons for in-custody deaths and identify the steps the department took to address the deaths. The audit concluded that the sheriff’s department did not take sufficient steps to prevent the high number of deaths in its jails, and neither the sheriff’s department nor the Citizens Law Enforcement Review Board (CLERB), a citizen-governed board approved by San Diego County voters in 1990 to review complaints of misconduct and investigate deaths in connection with the actions of sheriff or probation officers, have taken adequate action in response to these deaths. The audit made various recommendations to the Legislature to improve local correctional facilities’ medical and mental health policies and internal reporting and review processes. In 2022, the year following the audit’s release, the Sheriff’s Department reported 19 deaths in custody, as well as 2 so far in 2023. That same year CLERB released a report that found that after considering countywide mortality rates, San Diego jails have the highest number of “unexplained deaths” out of California’s 12 largest counties. However, this problem is not confined to San Diego. In March 2023, three Los Angeles County inmates died in just a nine-day period, and for Los Angeles County deaths in custody in 2022, autopsies remain uncompleted in roughly two-thirds of the 44 cases.
Board of State and Community Corrections. The Board of State and Community Corrections (BSCC) provides statewide leadership, coordination, and technical assistance to promote effective state and local efforts and partnerships in California’s adult and juvenile criminal justice system. BSCC has four main responsibilities:
- Setting standards for and inspecting local detention facilities (such as county jails and juvenile halls);
- Setting standards for selection and training of local correctional staff;
- Administering various state and federal grant programs related to recidivism reduction and prevention strategies; and
- Administering the state’s construction financing program for local detention facilities.
A 13-member board oversees BSCC. In addition to a chair, the board includes two administrators from the California Department of Corrections and Rehabilitation, five local law enforcement officials, one county supervisor or administrative officer, a judge, two providers of rehabilitative services, and a member of the public. To support its mission, BSCC must regularly seek advice from a balanced range of stakeholders and subject matter experts on issues pertaining to adult corrections, juvenile justice, and gang problems.
The author wants to ensure that county boards of supervisors can once again decide to create a department of corrections and rehabilitation to manage jails instead of the sheriff, make changes to the procedures for investigating deaths in custody, and expand BSCC’s role.
Proposed Law
Senate Bill 519 makes various changes regarding the operations of county jails, including:
- Allowing a county to create a department of corrections and rehabilitation to manage the county jail;
- Changing the procedures for investigating incidents that take place while someone is in custody; and
- Expanding the role of BSCC.
Departments of corrections and rehabilitation. SB 519 requires a board of supervisors that exercises its authority to create a department of corrections and rehabilitation to state its reasons for doing so, which can include any of the following:
- A department of corrections and rehabilitation will better protect public health and safety;
- There has been a disproportionate increase in deaths within the county jail;
- There is persistent unequal treatment of individuals within a protected class under the Unruh Civil Rights Act;
- A department of corrections and rehabilitation will provide better administration or operation of the county jail;
- There has been persistent abuse or disregard of the civil and human rights of individuals within the county jail;
- There has been a violation of a federal decree or settlement relating to institutional punishment and rehabilitation;
- County jail operations have failed to adhere to Title 15 of the California Code of Regulations; or
- The county jail failed to secure accreditation by one or more national corrections associations.
The board of supervisors must appoint an executive officer to assume a sheriff’s duties pertaining to county jails. The executive officer the board appoints must meet the following qualifications:
- Either have professional experience in corrections management or extensive familiarity with Title 15 of the California Code of Regulations and national standards for jail accreditation;
- Extensive familiarity with the requirements of appropriate medical and mental health care within a corrections setting;
- Demonstrated commitment to protecting the civil and human rights of incarcerated individuals; and
- Knowledge of best practices and evidence-based approaches to rehabilitation.
SB 519 provides that the requirement for the sheriff to take charge and be the sole and exclusive authority to manage the county jail, and the individuals under its supervision, does not apply to counties that establish a department of corrections and rehabilitation.
Investigations in-custody events. SB 519 includes various provisions related to disclosure records that local dentition facilities maintain. The measure requires that the following records be made available for public inspection pursuant to the CPRA:
- Any record relating to an investigation the local detention facility conducts involving a death incident; and
- Any local detention facility personnel record of a custodial officer, or responsible health care staff, against whom possible misconduct was alleged or whose actions were reviewed during an administrative or criminal investigation of a death incident.
The records subject to public disclosure include all investigation reports, evidence, transcripts, recordings, autopsy reports, materials presented for review to the district attorney or other prosecutors, and disciplinary records. This includes instances where the officer resigned before the investigation into the death incident concluded, but does not include records from prior incidents unless they are independently subject to disclosure under SB 519. The measure also includes provisions that allow agencies to redact certain information, or delay public disclosure during specified active criminal or administrative investigations, and includes various procedures for adjudicating claims to release this information.
SB 519 allows local detention facilities to:
- Release to the complaining party a copy of the complaining party’s own statements at the time the complaint is filed;
- Disseminate data regarding the number, type, or disposition of complaints made against its custodial officers if that information is in a form that does not identify the individuals involved;
- Release factual information concerning a disciplinary investigation if the custodial officer who is the subject of the disciplinary investigation, or the officer’s agent or representative, publicly makes a statement they know to be false concerning the investigation or the imposition of disciplinary action, as specified.
The local detention facility must provide written notification to the complaining party of the disposition of the complaint within 30 days of the disposition, subject to certain evidentiary requirements. SB 519 also specifies that its provisions do not affect other specified laws related to public disclosure of this information.
BSCC. The measure expands the BSCC’s mission to include promoting legal and safe conditions for youth, inmates, and staff in local detention facilities.
SB 519 also defines its terms.
State Revenue Impact
No estimate.
Comments
1. Purpose of the bill. According to the author, “Local detention centers have unfortunately been slow to address internal issues and in many cases unresponsive, especially as it relates to the alarming increase in deaths of persons in-custody. This is a growing problem not only here in San Diego County, but at other detention facilities around the state. It’s critical to have more oversight and accountability. SB 519 would make investigatory reports on in-custody deaths public, so families can have the transparency they deserve and the county can work to reduce further deaths. This bill would also give the Board of Supervisors the authority to appoint a chief executive officer with the responsibility of operating detention facilities if a Sheriff’s department is unresponsive or fails to address the problems with its county jail.”
2. Sure, but will it work? SB 519 restores the ability for a county board of supervisors to create a department of corrections and rehabilitation to operate the county jail instead of the sheriff. While counties had the authority to do so prior to 1993, SB 519 restores this power, albeit with certain restrictions related to jail conditions and performance. In place of the sheriff, the county board of supervisors can appoint an executive director with specified corrections and rehabilitation experience. On the one hand, giving the county board of supervisors more direct supervision over the jail could help the county make swifter changes to jail operations. On the other hand, shifting from supervision under the sheriff to the county could raise some logistical challenges. How would the jail operate during the transition from sheriff to county control? Who would staff the jail once the transition is complete? SB 519 does not require counties to take over jails, but restores the option to do so if the county board determines that a new county department could be a better steward of the county jail compared to the sheriff.
3. Who’s in charge? Jails are challenging institutions to operate. Sheriffs have to meet certain qualifications mostly related to law enforcement experience. SB 519 allows a county to replace the sheriff with an executive director that could have a broader set of qualifications, including familiarity with the requirements of appropriate medical and mental health care within a corrections setting, commitment to civil rights, and knowledge of best practices for rehabilitation. While some sheriffs may share some of these qualifications, SB 519 ensures the new executive director meets these broader criteria. However, this change of leadership will only be successful if the county also takes steps to improve jail policies and practices, and provides the resources necessary to supervise incarcerated individuals in a safer manner.
4. For your consideration. SB 519 allows a county to take over for the sheriff in certain instances, but it does not require them to do so. Before its author amended SB 271 (Wiener, 2021) to cover a different subject, the January 28, 2021, version of SB 271 repealed existing sheriff requirements to try to broaden the pool of candidates that serve in this role. Instead of, or in addition to, reinstituting the process for a county board to take over jail operations, the Legislature could also consider broadening the qualifications for sheriffs.
5. Mandate. The California Constitution requires the state to reimburse local governments for the costs of new or expanded state-mandated local programs. SB 519 provides that if the Commission on State Mandates determines that the bill imposes a reimbursable mandate, reimbursement must be made pursuant to existing statutory procedures.
6. Incoming! The Committee on Public Safety approved SB 519 by a vote of 4 to 0 on April 25th. The Committee on Governance and Finance is hearing the measure as the committee of second reference.
Support and Opposition
(4/25/23)
Support: Activist San Diego
Alliance San Diego
Black Panther Party - San Diego
California Broadcasters Association
California Collaborative for Immigrant Justice
California News Publishers Association
Californians for Safety and Justice
Change Begins With Me Indivisible Group
Communities United for Restorative Youth Justice (CURYJ)
Consumer Attorneys of California
Del Cerro for Black Lives Matter
Disability Rights California
Dolores Street Community Services
Ella Baker Center for Human Rights
First Amendment Coalition
Hillcrest Indivisible
Immigrant Defense Advocates
Immigrant Legal Defense
Initiate Justice
Lawyers' Committee for Civil Rights of The San Francisco Bay Area
Media Alliance
Milpa (motivating Individual Leadership for Public Advancement)
Muslim American Society - Public Affairs & Civic Engagement (MASPACE)
Oakland Privacy
Rise Up San Diego
Safe Return Project
Secure Justice
Sister Warriors Freedom Coalition
Smart Justice California
Team Justice
Think Dignity
Opposition: None received.
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SENATE COMMITTEE ON PUBLIC SAFETY
Senator Aisha Wahab, Chair
2023 - 2024 Regular
Bill No: SB 519 Hearing Date: April 25, 2023
Author: | Atkins | ||
Version: | April 13, 2023 | ||
Urgency: | No | Fiscal: | Yes |
Consultant: | AB | ||
Subject: Corrections
HISTORY
Source: Author
Prior Legislation: SB 1137 (Gonzalez), Ch. 365, Stats. of 2022
SB 16 (Skinner), Ch. 28, Stats. of 2021
AB 748 (Ting), Ch. 960, Stats. of 2018
SB 1421 (Skinner), Ch. 988, Stats. of 2018
SB 911 (Calderon), Ch. 1236, Stats of 1993
Support: Alliance San Diego; Black Panther Party - San Diego; California Broadcasters Association; California Collaborative for Immigrant Justice; California News Publishers Association; California Public Defenders Association (CPDA); Californians for Safety and Justice; Change Begins With Me Indivisible Group; Communities United for Restorative Youth Justice (CURYJ); Consumer Attorneys of California; Del Cerro for Black Lives Matter; Disability Rights California; Dolores Street Community Services; Ella Baker Center for Human Rights; First Amendment Coalition; Hillcrest Indivisible; Immigrant Defense Advocates; Immigrant Legal Defense; Initiate Justice; Lawyers' Committee for Civil Rights of The San Francisco Bay Area; Media Alliance; MILPA; Muslim American Society - Public Affairs & Civic Engagement (MASPACE); NextGen California; Oakland Privacy; Rise Up San Diego; Secure Justice; Sister Warriors Freedom Coalition; Smart Justice California; Team Justice; Think Dignity
Opposition: None known
PURPOSE
The purpose of this bill is to:
- Authorize county boards of supervisors to establish a department of corrections separate from the Department of the Sheriff to be headed by an executive officer appointed by the board, as specified.
- Make records relating to an investigation conducted by a local detention facility into specified incidents involving deaths in custody or related to a subject officer, as defined, available for public inspection.
- Expand the mission of the Board of State and Community Corrections to include the promotion of legal and safe conditions for youth, inmates and staff in local detention facilities.
Existing law provides that the Legislature shall provide for county powers, an elected county sheriff, an elected district attorney, an elected assessor, and an elected governing body in each county. (Cal. Const. Art. XI, Sec. 1, subd. (b).)
Existing law provides that county charters shall provide for, among other things, a governing body of 5 or more members, an elected sheriff and other officers, the performance of duties required by statute, and the powers and duties of governing bodies and all other county officers. (Cal. Const. Art. XI, Sec. 4.)
Existing law provides that the board of supervisors of any county, may, by resolution, establish a department of corrections, to be headed by an officer appointed by the board, which shall have jurisdiction over all county functions, personnel, and facilities, or so many as the board names in its resolution, relating to institutional punishment, care, treatment, and rehabilitation of prisoners, including, but not limited to, the county jail and industrial farms and road camps, their functions and personnel. (Govt. Code § 23013.)
Existing law provides that notwithstanding any other provision of law, except in counties in which the sheriff, as of July 1, 1993, is not in charge of and the sole and exclusive authority to keep the county jail and the prisoners in it, the sheriff shall take charge of an be the sole and exclusive authority to keep the county jail and the prisoners in it, as specified. (Govt. Code §26605.)
Existing law provides that notwithstanding any other provision of law, no deputy sheriff shall be required to become
Existing law provides that the common jails in the several counties of this state are kept by the sheriffs of the counties in which they are respectively situated, and sets forth the manner in which they are to be used. (Penal Code § 4000.)
This bill provides that a board of supervisors may establish a department of corrections and rehabilitation to be headed by an executive officer appointed by the board, and removes a limitation precluding boards from exercising this power after July 1, 1993.
This bill provides that if a board of supervisors exercises the authority conferred above, the board shall set forth its reasons for establishing a department of corrections and rehabilitations, which may include, but are not limited to, any of the following findings:
- A department of corrections and rehabilitation will better protect public health and safety.
- There has been a disproportionate increase in deaths within the county jail.
- There is persistent unequal treatment of individuals within a protected class under the Unruh Civil Rights Act
- A department of corrections and rehabilitation will provide better administration or operation of the county jail.
- There has been persistent abuse or disregard of the civil and human rights of individuals within the county jail.
- There has been a violation of a federal decree or settlement relating to institutional punishment and rehabilitation.
- County jail operations have failed to adhere to Title 15 of the California Code of Regulations, regarding crime prevention and corrections
- The county jail failed to secure accreditation by one or more national corrections associations.
This bill provides that if a board of supervisors exercises their authority to establish a department of corrections and rehabilitation per the above provision, the executive officer appointed by the board shall meet all of the following qualifications:
- Either professional experience in corrections management or extensive familiarity with Title 15 of the California Code of Regulations, regarding crime prevention and corrections.
- Extensive familiarity with the requirements of appropriate medical and mental health care within a corrections setting.
- Demonstrated commitment to protecting the civil and human rights of incarcerated individuals.
- Knowledge of best practice and evidence-based approaches to rehabilitation.
This bill provides that if a board of supervisors exercises their authority to establish a department of corrections and rehabilitation per the above provision, the executive officer appointed by the board shall assume a sheriff’s duties under provisions of existing law pertaining to a county jail.
This bill provides that the provision of existing law requiring the sheriff to take charge of and be the sole and exclusive authority to keep the county jail, as specified, does not apply to either of the following:
- A county in which the sheriff, as of July 1, 1993, is not in charge of and the sole and exclusive authority to keep the county jail and the incarcerated persons in it.
- A county that has established a department of corrections and rehabilitations pursuant to this bill.
Existing law, the California Constitution, declares the people’s right to transparency in government. (“The people have the right of access to information concerning the conduct of the people’s business, and therefore, the meetings of public bodies and the writings of public officials and agencies shall be open to public scrutiny....”) (Cal. Const., art. I, Sec. 3.)
Existing law, the California Public Records Act (CPRA), generally provides that access to information concerning the conduct of the people’s business is a fundamental and necessary right of every person in this state. (Gov, Code § 7921.000.)
Existing law provides that public records are open to inspection at all times during the office hours of the state or local agency and every person has a right to inspect any public record, except as provided. (Gov. Code § 7922.525)
Existing law provides that except as provided, the CPRA does not require the disclosure of records of complaints to, or investigations conducted by, or records of intelligence information or security procedures of, the the office of the Attorney General and the Department of Justice, the Office of Emergency Services and any state or local police agency, or any investigatory or security files compiled by any other state or local police agency, or any investigatory or security files compiled by any other state or local agency for correctional, law enforcement, or licensing purposes. (Gov. Code §7923.600(a).)
Existing law requires certain information regarding the investigation of crimes, including recordings of “critical incidents,” as defined, to be disclosed to the public under specified circumstances and subject to certain limitations. (Gov. Code §§ 7923.605 et. seq.)
Existing law provides that in any case in which a person dies while in the custody of any law enforcement agency or while in custody in a local or state correctional facility in this state, the law enforcement agency or the agency in charge of the correctional facility shall report in writing to the Attorney General, 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, as specified. These writings are public records within the meaning of the CPRA. (Gov. Code §12525.)
Existing law provides that a “custodial officer” is a public officer, not a peace officer, employed by a law enforcement agency of a city or county who has the authority and responsibility for maintaining custody of prisoners and performs tasks related to the operation of a local detention facility used for the detention of persons usually pending arraignment or upon court order either for their own safekeeping or for the specific purpose of serving a sentence in that facility. (Pen. Code §831(a).)
Existing law requires law enforcement agencies to establish a procedure to investigate complaints by members of the public against personnel of those agencies and make a written description of the procedure available to the public. (Pen. Code §832.5(a).)
Existing law defines “personnel records” as any file maintained under that individual’s name by his or her employing agency and containing records relating to personal data, employee advancement, appraisal or discipline, complaints or investigations of complaints concerning specified events, and other specified topics. (Pen. Code §832.8(a).)
Existing law defines “sustained” as a final determination by an investigating agency, commission, board, hearing officer, or arbitrator, as applicable, following an investigation and opportunity for an administrative appeal pursuant to specified provisions of the Peace Officer’s Bill of Rights, that the actions of the peace officer or custodial officer were found to violate law or department policy. (Pen. Code §832.8(b).)
Existing law states that except as specified, peace officer or custodial officer personnel records and records maintained by any state or local agency pursuant to citizens' complaints against personnel are confidential and shall not be disclosed in any criminal or civil proceeding except by discovery. This section does not apply to investigations or proceedings concerning the conduct of peace officers or custodial officers, or any agency or department that employ these officers, conducted by a grand jury, a district attorney's office, or the Attorney General's office. (Pen. Code, § 832.7(a).)
Existing law provides that certain categories of peace officer or custodial officer personnel records and records maintained by a state or local agency shall not be confidential and shall be made available for public inspection pursuant to the CPRA, and establishes related procedures, rules and limitations. (Pen. Code, § 832.7(b).)
This bill sets forth several definitions for terms used throughout its provisions:
- “Death incident” means an event where a person has died in the custody or supervision of the local detention facility or where a person who was previously in custody died within 30 days of being compassionately released.
- “Local detention facility” means any city, county, city and county, or regional jail, camp, court holding facility, private detention facility or other facility, used for confinement or correctional holding of adults or of both adults and minors, but does not include that portion of a facility for confinement of both adults and minors that is devoted only to the confinement of minors.
- “Private detention facility” has the same meaning as Gov. Code §7320 - a detention facility that is operated by a private, nongovernmental, for-profit entity pursuant to a contract or agreement with a governmental entity.
- “Subject officer” means a custodial officer, or responsible health care staff, against whom possible misconduct was alleged or whose actions were reviewed during an administrative or criminal investigation of a death incident.
- “Custodial officers” means those officers with the rank of deputy, correctional officer, patrol persons, or other equivalent sworn or civilian rank whose duties include the supervision of incarcerated or detained persons at a local detention facility.
- “Responsible healthcare staff” means the health authority, individual or agency that is designated with responsibility for providing health care in the local detention facility.
This bill provides that notwithstanding the general confidentiality of peace officer records or any other law, the following records maintained by a local detention facility shall not be confidential and shall be made available for public inspection pursuant to the CPRA:
- Any record relating to an investigation conducted by the local detention facility involving a death incident.
- Any local detention facility personnel record of a subject officer.
This bill provides that records subject to disclosure under the bill shall include all investigative reports; photographic, audio, and video evidence; transcripts or recordings of interviews; autopsy reports; all materials compiled and presented for review to the district attorney or to any person or body charged with determining whether to file criminal charges against a subject officer, whether the subject officer’s action was consistent with law and agency policy for purposes of discipline or administrative action, or what discipline to impose or corrective action to take; documents setting forth findings or recommended findings; and copies of disciplinary records relating to the death incident, including any letters of intent to impose discipline, any documents reflecting modifications of discipline due to the Skelly or grievance process, and letters indicating final imposition of discipline or other documentation reflecting implementation of corrective action.
This bill provides that a record subject to disclosure under the bill shall include instances where the subject officer resigned before the local detention facility or oversight agency concluded its investigation into the death incident.
This bill provides that a record from a separate and prior investigation or assessment of a separate death incident shall not be released unless it is independently subject to disclosure under the bill’s provisions.
This bill provides that an agency shall redact a record disclosed pursuant to its provisions only for the following purposes: to remove personal data, as specified; to preserve the anonymity of whistleblowers, complainants, victims and witnesses; to protect specified confidential information the disclosure of which would cause a privacy invasion that clearly outweighs the public interest in records about officer misconduct; and where there is specific, articulable, and particularized reason to believe that disclosure of the record would pose a significant danger to the physical safety of the custodial officer or another person.
This bill provides that an agency may redact a record disclosed pursuant to its provisions, including personal identifying information, where, on the facts of the particular case, the public interest served by not disclosing the information clearly outweighs the public interest served by disclosure.
This bill provides that during an active criminal investigation, disclosure of a record of a death incident may be delayed for up to 60 days from the date of the incident or until the district attorney determines whether to file criminal charges, which, whichever occurs first, but the local detention facility must provide, in writing, the specific basis for the facility’s determination that the interest in delaying disclosure clearly outweighs the public interest in disclosure. The writing shall include the estimated date for disclosure.
This bill provides that after 60 days from the death incident, the local detention facility may continue to delay the disclosure of records information if the disclosure could reasonably be expected to interfere with a criminal enforcement proceeding against a subject officer, as specified.
This bill provides that in an action to compel disclosure pursuant to the CPRA, a local detention facility may justify delay by filing an application to seal the basis for withholding, as specified, if disclosure of the written basis itself would impact a privilege or compromise a pending investigation. This clause does not prohibit a court from conducting in camera review to determine whether privilege exists.
This bill provides that if criminal charges are filed related to the death incident, the local detention facility may delay the disclosure of records or information until a verdict on those charges is returned at trial or, if a plea of guilty or no contest is entered, the time to withdraw the plea pursuant to existing law.
This bill provides that during an administrative investigation into an incident subject to disclosure under the bill, the local detention facility may delay the disclosure of records or information until the facility determines whether the death incident violated a law or agency policy, but no longer than 180 days after the date of the local detention facility’s discovery of the death incident by a person authorized to initiate the investigation.
This bill specifies that a record of a complaint, or the investigations, findings, or dispositions of that complaint, shall not be released pursuant to this section if the complaint is frivolous, as defined, or if the complaint is unfounded.
This bill specifies the scope of costs of copies related to records subject to disclosure under the bill.
This bill specifies that except to the extent temporary withholding for a longer period is permitted, records subject to disclosure under the bill shall be provided at the earliest possible time and no later than 45 days from the date of a request for disclosure.
This bill provides that the attorney-client privilege does not prohibit the disclosure of either of the following:
- Factual information provided by the local detention facility to its attorney or factual information discovered in any investigation conducted by, or on behalf of, the local detention facility’s attorney.
- Billing records related to the work done by the attorney so long as the records do not relate to active and ongoing litigation and do not disclose information for the purpose of legal consultation between the local detention facility and its attorney.
This bill specifies that the above provision does not prohibit the local detention facility from asserting that a record or information within the record is exempted or prohibited from disclosure pursuant to any other federal or state law. However, to the extent that the local detention facility asserts attorney-client privilege or any other prohibitive disclosure provided by federal or state law, the court may conduct in camera review unless prohibited by law.
This bill provides that, notwithstanding existing law, the local detention facility may do any of the following:
- Release to the complaining party a copy of the complaining party’s own statements at the time the complaint is filed.
- Disseminate data regarding the number, type, or disposition of complaints made against its custodial officers if that information is in a form that does not identify the individuals involved.
- Release factual information concerning a disciplinary investigation if the custodial officer who is the subject of the disciplinary investigation, or the officer’s agent or representative, publicly makes a statement they know to be false concerning the investigation or the imposition of disciplinary action, as specified.
This bill provides that the local detention facility shall provide written notification to the complaining party of the disposition of the complaint within 30 days of the disposition. However, the notification is not conclusive or binding or admissible as evidence in any separate or subsequent action or proceeding, as specified.
This bill specifies that its provisions do not affect discovery or disclosure of information contained in a custodial officer’s personnel file pursuant to specified provisions of existing law, nor do they affect the disclosure of other records provided pursuant to any other existing law.
This bill specifies that it does not supersede or affect the Pitchess criminal discovery process, nor is it intended to limit the public’s right of access as provided for in Long Beach Police Officers Association v. City of Long Beach (2014) 59 Cal.4th 59.
Existing law establishes the Board of State and Community Corrections (BSCC). (Pen. Code, § 6024, subd. (a).)
Existing law provides that the mission of the BSCC is to provide statewide leadership, coordination, and technical assistance to promote effective state and local efforts and partnerships in California’s adult and juvenile criminal justice system, including addressing gang problems. Provides that this mission reflect the principle of aligning fiscal policy and correctional practices, including, but not limited to prevention, intervention, suppression, supervision, and incapacitation, to promote a justice investment strategy that fits each county and is consistent with the integrated statewide goal of improved public safety through cost-effective, promising, and evidence-based strategies for managing criminal justice populations. (Pen. Code, § 6024, subd. (b).)
Existing law requires the BSCC to regularly seek advice from a balanced range of stakeholders and subject matter experts on issues pertaining to adult corrections, juvenile justice, and gang problems relevant to its mission. Requires the BSCC to seek to ensure that its efforts are systematically informed by experts and stakeholders with the most specific knowledge concerning the subject matter, include the participation of those who must implement a board decision and are impacted by a board decision, and promote collaboration and innovative problem solving consistent with the mission of the board. Authorizes the BSCC to create special committees, with the authority to establish working subgroups as necessary, in furtherance of this subdivision to carry out specified tasks and to submit its findings and recommendations from that effort to the board. (Pen. Code, § 6024, subd. (c).)
This bill expands the BSCC’s mission to include promoting legal and safe conditions for youth, inmates, and staff in local detention facilities.
COMMENTS
- Need for This Bill
According to the Author:
Local detention centers have unfortunately been slow to address internal issues and in many cases unresponsive, especially as it relates to the alarming increase in deaths of persons in-custody. This is a growing problem not only here in San Diego County, but at other detention facilities around the state. It’s critical to have more oversight and accountability. SB 519 would make investigatory reports on in-custody deaths public, so families can have the transparency they deserve and the county can work to reduce further deaths. This bill would also give the Board of Supervisors the authority to appoint a chief executive officer with the responsibility of operating detention facilities if a Sheriff’s department is unresponsive or fails to address the problems with its county jail.
- Recent State Auditors Report – Deaths in Custody in San Diego County
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] Regarding, its first major conclusion, the report found:
The high rate of deaths in San Diego County’s jails compared to other counties raises concerns about underlying systemic issues with the Sheriff’s Department’s policies and practices. Our review identified deficiencies with the way the Sheriff’s Department provides care for and protects incarcerated individuals that likely contributed to deaths in its jails. These deficiencies related to its provision of medical and mental health care, as well as its performance of checks to ensure the safety and health of individuals in its custody. When we evaluated the policies of three comparable counties, we found that some have adopted procedures that could address weaknesses we identified at the San Diego Sheriff’s Department. That said, the problems we identified with that department’s policies are in part the result of certain statewide corrections standards that are not robust or specific enough, leaving the establishment of effective practices to the discretion of the individual counties.
Regarding the response to the in-custody deaths by the Sheriff’s Department and CLERB, the report found:
The Sheriff’s Department has not consistently taken meaningful action in response when in‑custody deaths have occurred. Specifically, its reviews of in‑custody deaths have been insufficient and have lacked transparency. As a result, the Sheriff’s Department risks conveying to the public that it is not taking these deaths seriously and making every effort possible to prevent similar deaths in the future. In addition, CLERB […] has failed to provide effective, independent oversight of in‑custody deaths. In violation of its own rules and regulations, CLERB’s investigations of the deaths of individuals in the Sheriff’s Department’s custody have not been independent, thorough, or timely. Moreover, CLERB failed to investigate nearly a third of the deaths […] in the past 15 years, meaning that dozens of deaths have not been subject to a key form of review outside of the Sheriff’s Department.
The audit contained various recommendations for legislative action, including several related to requirements governing local correctional facilities’ medical and mental health policies and internal reporting and review processes. Among other actions, the audit also urged the Legislature to:
- Require sheriffs’ departments to report to the Attorney General individuals who are released from custody after being transported directly to a hospital or similar medical facility and subsequently die in the facility and provide the Attorney General with all facts concerning the death, such as the cause and manner.
- Require the Sheriff’s Department to either make public the facts it discusses and recommendations it decides upon in the relevant Critical Incident Review Board[3] meetings or to establish a separate public process for internally reviewing deaths and making necessary changes.
In 2022, the year following the audit’s release, the Sheriff’s Department reported 19 deaths in custody, as well as 2 so far in 2023.[4] And in April 2022, CLERB released a report in which it found that after considering countywide mortality rates, San Diego jails have the highest number of “unexplained deaths” out of California’s 12 largest counties.[5] However, this problem is not confined to San Diego. Last month (March 2023), three Los Angeles County inmates died in just a nine-day period, and for Los Angeles County deaths in custody in 2022, autopsies have only been completed in roughly a third of the 44 cases.[6]
This bill does not directly adopt the recommendations of the audit described above, but is consistent with their focus on transparency and public accountability. That is, this bill seeks to address the growing crisis of deaths in California’s county jails by 1) permitting counties to reorganize the way they manage local corrections, and 2) creating a robust framework for the release of records related to deaths that occur in the custody of a local correctional facility.
- County Departments of Corrections and Rehabilitation
As mentioned above, one major provision of this bill grants counties the authority to create a local department of corrections and remove the responsibility of maintaining jails and their inmates from the purview of the elected county sheriff. Counties actually had this authority prior to 1993, before the passage of SB 911 (Calderon, Ch. 1236, Stats. of 1993), which provided, among other things, that a county sheriff’s authority over the jails and their inmates shall be the sole and exclusive authority. At the time, proponents of the bill argued that county sheriffs, as elected officials, are more directly accountable to the voters in whose interest it is for jails to run safely and efficiently.[7] SB 911 actually preserved the statutory language authorizing counties to create a separate department of corrections, but suspended indefinitely the ability of counties to exercise that authority, provided they had not already.[8]
This bill essentially “unfreezes” that authority, allowing counties to establish a department of corrections and rehabilitation headed by an officer appointed by the county’s board of supervisors. However, in order to exercise this authority, the bill requires a board of supervisors to set forth its reasons for doing so by resolution – and lays out several possibilities – and sets forth minimum requirements for board’s chosen executive officer. In reviving county authority to establish a department of corrections and rehabilitation, the bill makes relatively minimal changes to code. However, since the authority was frozen in 1993, several new statutes have been added that contain language referring – either directly or indirectly – to a sheriff’s sole authority of county jails. These references are located primarily at Penal Code § 4000 et. seq., and another such reference is located at Penal Code §831.5(a).[9] In order to avoid confusion and conflict, these sections should be amended to provide for the authority of an executive officer of a county department of corrections and rehabilitation. This bill has also been referred to the Committee on Governance and Finance, which will further analyze its local government implications.
- Disclosure of Records Related to Deaths in Custody
In 1968, the Legislature passed the California Public Records Act (CPRA), declaring that “access to information concerning the conduct of the people’s business is a fundamental and necessary right of every person in the state.”[10] The purpose of the CPRA is to prevent secrecy in government and to contribute significantly to the public understanding of government activities.[11] Under the law, virtually all public records are open to public inspection unless express exempted in statute. However, even if a record is not expressly exempted, an agency may refuse to disclose records if on balance, the interest of nondisclosure outweighs disclosure. Generally, “records should be withheld from disclosure only where the public interest served by not making a record public outweighs the public interest served by the general policy of disclosure.”[12] In the context of peace officer records, the CPRA contains several relevant exemptions to the general policy requiring disclosure, namely 1) records of complaints to, or investigations conducted by any state or local police agency, 2) personnel records, if disclosure would constitute an unwarranted invasion of personal privacy, and 3) records, the disclosure of which is exempted or prohibited pursuant to federal or state law, including records deemed confidential under state law.[13]
In 2006, the California Supreme Court reinterpreted a key Penal Code provision (§832.7) to restrict public access to police misconduct records, rendering California one of the most secretive states when it came to police officer records.[14] However, in 2018, the Legislature passed SB 1421 (Skinner, Ch. 988, Stats. of 2018), which represented a paradigm shift in the public’s ability to access previously confidential peace officer personnel records. In 2021, the Legislature passed a related measure, SB 16 (Skinner, Ch. 402, Stats of 2021), building upon the transparency provisions of SB 1421. Together, the two pieces of legislation exempted 8 categories of peace officer records[15] from the confidentiality requirement of Penal Code §832.7, and established a framework governing what specific records must be released, and when and how they must be released.
While Senate Bills 1421 and 16 were focused on alleged instances of officer misconduct, this bill seeks to address a distinct yet related issue regarding law enforcement records of death in custody investigations. According to the Author:
As local governments try to grapple with this crisis, the public continues to demand answers but are often denied access. For example, reports prepared by a sheriff’s department following an in-custody death are often shielded from disclosure by claims of attorney-client privilege or claims of attorney work-product. These reports include critical details about what led to an in-custody death, including policy gaps that could have contributed to a person’s death. And yet, families and the public are not given access to this important information and must try to litigate these issues with the hope that courts will rule in their favor.
In order to achieve its goal of transparency, this bill adapts the disclosure framework initially established by SBs 1421 and 16 to apply to local detention facility records regarding deaths in custody. Specifically, this bill specifies that 2 types of records are not confidential and are subject to release pursuant to a CPRA request: 1) any record related to an investigation conducted by the local detention facility involving a death incident, and 2) any local detention facility personnel record of a subject officer. The bill defines several key terms (discussed further below) in order to clarify its scope and applicability, including “death incident,” “local detention facility,” “private detention facility,” “subject officer,” “custodial officer,” and “responsible health care staff.”[16]
From a holistic perspective, the process governing the release of records related to deaths in custody set forth by this bill should not be unreasonably difficult for agencies to comply with, as they have had over four years to develop policies and systems to comply with the nearly identical process established by SB 1421. However, like SB 1421, this bill may lead to a deluge in CPRA requests submitted to law enforcement agencies across the state regarding deaths in custody, potentially posing a considerable logistical challenge. Not only is the universe of responsive records voluminous, but determining whether a particular record is responsive will likely be a time-intensive process.
Additionally, the bill’s definitions raise a host of minor issues that the Committee should be aware of and that the Author may wish to address via clarifying amendments.
“Death Incident”
The bill defines a “death incident” as an event where a person has died in the custody or supervision of the local detention facility or where a person who was previously in custody died within 30 days of being compassionately released. With the 30-day window, the Author is presumably trying to capture incidents where injuries received while a person was in custody led to that person’s subsequent death out of custody. However, the longer the period of time that technically constitutes a “death incident,” the higher the likelihood that a death is less related to a person’s in-custody experiences. For instance, under the bill, an individual released from custody on Day 1 may die in a car accident or of a drug overdose on Day 15 or 25, an incident that would still trigger the release of records, yet is entirely unrelated (or at least, much less related) to violence or trauma sustained while in custody. To ameliorate this, the Author may wish to consider shortening this timeframe or specifying that an out-of-custody death within the 30-day window must have some nexus with the deceased’s in-custody experiences.
“Subject Officer”
This bill provides for the release, pursuant to a PRA request, of any local detention facility personnel record of a subject officer, and defines “subject officer” as a custodial officer, or responsible healthcare staff, against whom possible misconduct was alleged or whose actions were reviewed during an administrative or criminal investigation of a death incident. The Committee and Author may wish to consider whether the second category of subject officer – officers whose actions were reviewed during an investigation of a death incident – is too broad. That is, for any death incident that triggers a release of records under the bill, the actions of several officers may be “reviewed,” either for actions directly or indirectly causing death or injury, or simply to ascertain whether the officer was involved at all. This may lead to situations in which an officer’s full personnel record is released simply because an administrative body sought to determine whether they were actually involved in an incident, even if it is determined that the officer ultimately was not involved. If this is the intent of the bill, such a broad disclosure mandate may lead to situations where the sheer volume of responsive documents is so high that the discovery of truly relevant facts is obstructed or delayed. The definition of “subject officer” may benefit from additional clarity and precision in its scope.
“Personnel Record”
Existing law defines “personnel record” as any file maintained under that individual’s name by his or her employing agency and containing records relating to personal data, as specified, medical history, election of employee benefits, employee advancement, appraisal or discipline, complaints or investigations of complaints, as specified, and any other information the disclosure of which would constitute an unwarranted invasion of personal privacy.[17] However, that provision specifies that that definition only applies to the release of personnel records under Penal Code §832.7. As one of the central provisions of this bill mandates the release of personnel records in certain circumstances, the Author should clarify whether this definition is appropriate or whether a separate definition is necessary. In any event, what constitutes a “personnel record” for the purposes of this bill should be clarified.
In addition, this bill provides that any “local detention facility personnel record of a subject officer” must be made available pursuant to a PRA request. However, even if the term “personnel record” is defined, it is not entirely clear what a “local detention facility personnel record” practically refers to. Is it a subject officer record maintained by and housed at the local detention facility? Is it the portion of a subject officer’s record that relates exclusively to his or her service at a local detention facility? As almost all county jails in the state are staffed by sworn deputy sheriffs and custodial officers employed by county sheriffs, it is possible, if not likely, that personnel records are not actually maintained by local detention facilities, but rather the sheriffs’ offices to which their staffs report. Additionally, it is likely that many of the deputy sheriffs and custodial officers serving at detention facilities have spent portions of their careers in different postings, whether on patrol or in administration. The meaning and scope of a “local detention facility personnel record” should be clarified.
- Mission of the Board of State and Community Corrections (BSCC)
The BSCC was established in 2012 and is responsible for providing statewide leadership, coordination, and technical assistance to promote effective state and local efforts and partnerships in California’s adult and juvenile justice systems. The BSCC has four primary responsibilities: setting standards for and inspecting local detention facilities; setting standards for the selection and training of local correctional staff; administering various grant programs related to recidivism and reduction strategies; and administering the state’s construction financing program for local detention facilities.
Current law requires the BSCC to maintain minimum standards for the construction and operation of local detention facilities, inspect each local detention facility biennially to assess compliance with BSCC standards, and prepare, distribute, and publish inspection reports. Notably, although the BSCC is required to inspect local detention facilities to determine compliance with the standards and to report noncompliance, the BSCC is not authorized under state law to enforce the standards (e.g., by fining a local detention facility). The BSCC’s standards and inspection program is one of the primary ways that the state exercises oversight of local detention facilities. Growing concerns over conditions inside of the state’s local detention facilities, including isolation of mentally ill inmates, violence, suicide, use of force, and lack of transparency have led to the introduction of a number of bills in recent years aimed at increasing transparency and accountability as they relate to county jails.
A recent LAO report concluded that it was difficult to assess the BSCC’s standards and inspection program “primarily because the program lacks a clearly defined mission and goals from which to measure specific program outcomes.”[18] The report indicated that due to the lack of specificity in state law regarding the BSCC’s mission or goals, “it is unclear whether the intended mission of the program is to assist local government in determining legal requirements for facility conditions, create statewide uniformity in facility operations, ensure humane and safe conditions, or something else” and that “[t]he absence of a defined program mission and goals in statute leaves significant discretion to BSCC and the administration in determining how to operate the program.” The report further stated that the lack of a clear mission and goals undermines Legislative oversight due to the difficulty in assessing “whether the program fulfills an important state function that is consistent with its priorities”…or “whether the program is operating effectively and achieving its goals.”
Among other recommendations, the report urged the Legislature to “establish clear program mission goals by establishing in statute that the mission of the standards and inspection program is to promote legal, humane and safe conditions for youth, inmates and staff in local detention facilities.” To further this mission, the report recommended establishing four goals for the program: (1) maintain standards that help local leaders determine and meet legal requirements; (2) facilitate transparency and accountability through standards and inspections; (3) promote equitable provision of legal, humane, and safe conditions; and (4) provide technical assistance and statewide leadership to facilitate systemic improvement in detention conditions.[19] This bill partially adopts the above recommendation of the LAO report by expanding the BSCC’s mission to include the promotion of legal and safe conditions for youth, inmates, and staff in local detention facilities.
- Argument in Support
According to Californians for Safety and Justice:
SB 519 will increase oversight over local detention facilities by reactivating a local board of supervisor’s authority to take-over the responsibility of jailing individuals if a Sheriff’s Department is unresponsive in addressing the problems with its county jail. Additionally, SB 519 will make investigatory reports of an in-custody death publicly accessible, similar to other law enforcement public records. […]
Recently, conditions at many local detention facilities have come under significant scrutiny as jail deaths continue to rise across the country (an increase of 11% since 2000) and drug overdose becomes the fastest growing cause of death in jails. Many local governments are struggling with how to grapple with this crisis and the public is frustrated with the lack of accountability, the pace of progress, and sometimes, very simply, the lack of answers.
SB 519 will restore discretionary local control to a local supervisorial board in order to maintain higher levels of local accountability over what is happening in our jails and ensure that critical details about an in-custody death, including investigations, are made available to the public. SB 519 will help increase the public’s understanding in order to promote better local policy decisions that will help save lives of those in custody and help to hold the Sheriff’s Department accountable to the public.
-- END –
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. ↑
“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 ↑
The Sheriff Department’s internal entity for reviewing “critical incidents, such as certain uses of force by officers and deaths in custody, and identifying corrective measures. See AB 748 (Ting, Ch. 960, Stats. of 2018). ↑
“San Diego In-Custody Death Study.” Produced by Analytica Consulting for the San Diego Citizens Law Enforcement Review Board. April 2022, pp. iii-iv https://www.sandiegocounty.gov/content/dam/sdc/clerb/docs/in-custody-death-study/Att.G-CLERB%20In-Custody%20Death%20Study.pdf ↑
“Three Inmates Died in Los Angeles County Jails in Just Over a Week.” 28 March 2023. Los Angeles Times. https://www.latimes.com/california/story/2023-03-28/three-inmates-died-in-the-los-angeles-county-jails-in-just-over-a-week ↑
“Bill Analysis – SB 911.” Prepared by the Assembly Committee on Public Safety. http://www.leginfo.ca.gov/pub/93-94/bill/sen/sb_0901-0950/sb_911_cfa_930824_152041_asm_comm ↑
Currently, Napa County is the only county that has a Department of Corrections distinct from the Department of the Sheriff. See https://www.countyofnapa.org/2109/Corrections ↑
Other pertinent sections may exist but these were the primary sections identified by committee staff. ↑
California Government Code §7921.000 ↑
City of San Jose v. Superior Court (1999) 74 Cal.App.4th 1008, 1016-1017. ↑
Gov. Code, § 7922.000 ↑
Gov. Code, §§ 7923.600; 7927.700, 7927.705 ↑
Copley-Press, Inv. v. Superior Court (2006) 39 Cal.4th 1272 ↑
These 8 categories are: Incidents involving the discharge of a firearm at a person or use of force against a person resulting in death or great bodily injury, and sustained findings involving excessive or unreasonable force, failure to intervene in another officer’s excessive or unreasonable force, sexual assault, dishonesty, discrimination based on protected class, or an unlawful arrest or search. ↑
Refer to p.5 of the analysis for the full definitions. ↑
Penal Code §832.8(a). ↑
“A Review of State Standards and Inspections for Local Detention Facilities.” Legislative Analysts Office. February 2021, p.8. https://lao.ca.gov/reports/2021/4371/Standards-Inspections-Local-Detention-Facilities-021621.pdf ↑
Ibid, p. 9-12. ↑
Discussed in Hearing
2MIN
Assembly Floor
18MIN
Assembly Standing Committee on Public Safety
31SEC
Assembly Standing Committee on Public Safety
3MIN
Senate Floor
16MIN
Senate Standing Committee on Governance and Finance
22MIN
Senate Standing Committee on Public Safety
Bill Author
