Existing law requires every person incarcerated in a state prison to be asked to provide contact information for specific circumstances, including for medical release of information and next of kin authorizing control over body and possessions in case of death. Existing law requires the Department of Corrections and Rehabilitation to notify all persons covered by the medical release of information within 24 hours of a person incarcerated in a state prison being hospitalized for a serious or critical medical condition, as defined. Existing law requires the department to notify all persons covered by the medical release of information and next of kin within 24 hours of the death of a person incarcerated in state prison.

Existing law provides that a county jail is kept by the sheriff of the county in which the jail is situated and is to be used for specified purposes, including for the confinement of persons sentenced to imprisonment in a county jail upon a criminal conviction.

This bill, Wakieshas Law, would require the county or city jail to notify all people covered by the medical release of information and next of kin forms within 24 hours of the death of a person incarcerated in the county or city jail. By imposing new duties on county and city jails, this bill would create a state-mandated local program.

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

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

This bill would declare that it is to take effect immediately as an urgency statute.

Existing law requires every person incarcerated in a state prison to be asked to provide contact information for specific circumstances, including for medical release of information and next of kin authorizing control over body and possessions in case of death. Existing law requires the Department of Corrections and Rehabilitation to notify all persons covered by the medical release of information within 24 hours of a person incarcerated in a state prison being hospitalized for a serious or critical medical condition, as defined. Existing law requires the department to notify all persons covered by the medical release of information and next of kin within 24 hours of the death of a person incarcerated in state prison.

Existing law provides that a county jail is kept by the sheriff of the county in which the jail is situated and is to be used for specified purposes, including for the confinement of persons sentenced to imprisonment in a county jail upon a criminal conviction.

This bill, Wakieshas Law, would require the county or city jail to notify all people covered by the medical release of information and next of kin forms within 24 hours of the death of a person incarcerated in the county or city jail. By imposing new duties on county and city jails, this bill would create a state-mandated local program.

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

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

This bill would declare that it is to take effect immediately as an urgency statute.

Existing law requires every person incarcerated in a state prison to be asked to provide contact information for specific circumstances, including for medical release of information and next of kin authorizing control over body and possessions in case of death. Existing law requires the Department of Corrections and Rehabilitation to notify all persons covered by the medical release of information within 24 hours of a person incarcerated in a state prison being hospitalized for a serious or critical medical condition, as defined. Existing law requires the department to notify all persons covered by the medical release of information and next of kin within 24 hours of the death of a person incarcerated in state prison.

Existing law provides that a county jail is kept by the sheriff of the county in which the jail is situated and is to be used for specified purposes, including for the confinement of persons sentenced to imprisonment in a county jail upon a criminal conviction.

This bill, Wakieshas Law, would require the county or city jail to notify all people covered by the medical release of information and next of kin forms within 24 hours of the death of a person incarcerated in the county or city jail. By imposing new duties on county and city jails, this bill would create a state-mandated local program.

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

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

Existing law requires every person incarcerated in a state prison to be asked to provide contact information for specific circumstances, including for medical release of information and next of kin authorizing control over body and possessions in case of death. Existing law requires the Department of Corrections and Rehabilitation to notify all persons covered by the medical release of information within 24 hours of a person incarcerated in a state prison being hospitalized for a serious or critical medical condition, as defined. Existing law requires the department to notify all persons covered by the medical release of information and next of kin within 24 hours of the death of a person incarcerated in state prison.

Existing law provides that a county jail is kept by the sheriff of the county in which the jail is situated and is to be used for specified purposes, including for the confinement of persons sentenced to imprisonment in a county jail upon a criminal conviction.

This bill, Wakieshas Law, would require the county or city jail to notify all people covered by the medical release of information and next of kin forms within 24 hours of the death of a person incarcerated in the county or city jail. By imposing new duties on county and city jails, this bill would create a state-mandated local program.

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

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

Existing law requires every person incarcerated in a state prison to be asked to provide contact information for specific circumstances, including for medical release of information and next of kin authorizing control over body and possessions in case of death. Existing law requires the Department of Corrections and Rehabilitation to notify all persons covered by the medical release of information within 24 hours of a person incarcerated in a state prison being hospitalized for a serious or critical medical condition, as defined. Existing law requires the department to notify all persons covered by the medical release of information and next of kin within 24 hours of the death of a person incarcerated in state prison.

Existing law provides that a county jail is kept by the sheriff of the county in which the jail is situated and is to be used for specified purposes, including for the confinement of persons sentenced to imprisonment in a county jail upon a criminal conviction.

This bill, Wakieshas Law, would require the county or city jail to notify all people covered by the medical release of information within 24 hours of the hospitalization of a person incarcerated in the county or city jail, as specified. This bill would require the county or city jail to notify all people covered by the medical release of information and next of kin forms within 24 hours of the death of a person incarcerated in the county or city jail. By imposing new duties on county and city jails, this bill would create a state-mandated local program.

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

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

Existing law requires every person incarcerated in a state prison to be asked to provide contact information for specific circumstances, including for medical release of information and next of kin authorizing control over body and possessions in case of death. Existing law requires the Department of Corrections and Rehabilitation to notify all persons covered by the medical release of information within 24 hours of a person incarcerated in a state prison being hospitalized for a serious or critical medical condition, as defined. Existing law requires the department to notify all persons covered by the medical release of information and next of kin within 24 hours of the death of a person incarcerated in state prison.

Existing law provides that a county jail is kept by the sheriff of the county in which the jail is situated and is to be used for specified purposes, including for the confinement of persons sentenced to imprisonment in a county jail upon a criminal conviction.

This bill bill, Wakieshas Law, would require the county or city jail to notify all people covered by the medical release of information within 24 hours of the hospitalization of a person incarcerated in the county or city jail, as specified. This bill would require the county or city jail to notify all people covered by the medical release of information and next of kin within 24 hours of the death of a person incarcerated in the county or city jail. By imposing new duties on county and city jails, this bill would create a state-mandated local program.

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

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

Existing law requires every person incarcerated in a state prison to be asked to provide contact information for specific circumstances, including for medical release of information and next of kin authorizing control over body and possessions in case of death. Existing law requires the Department of Corrections and Rehabilitation to notify all persons covered by the medical release of information within 24 hours of a person incarcerated in a state prison being hospitalized for a serious or critical medical condition, as defined. Existing law requires the department to notify all persons covered by the medical release of information and next of kin within 24 hours of the death of a person incarcerated in state prison.

Existing law provides that a county jail is kept by the sheriff of the county in which the jail is situated and is to be used for specified purposes, including for the confinement of persons sentenced to imprisonment in a county jail upon a criminal conviction.

This bill would require the county jail to notify all people covered by the medical release of information within 24 hours of the hospitalization of a person incarcerated in the county jail, as specified. This bill would require the county jail to notify all people covered by the medical release of information and next of kin within 24 hours of the death of a person incarcerated in the county jail. By imposing new duties on county jails, this bill would create a state-mandated local program.

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

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

CONCURRENCE IN SENATE AMENDMENTS

CSA1 Bill Id:AB 1269

Author:(Bryan)

As Amended Ver:September 2, 2025

2/3 vote. Urgency

SUMMARY

Requires county and city jails, within 24 hours, to notify all people covered by the medical release of information and next of kin form of the death of a person incarcerated in county or city jail.

Senate Amendments

Add in an urgency clause.

COMMENTS

As passed by the Assembly: This bill required county and city jails, within 24 hours, to notify all people covered by the medical release of information and next of kin form of the death of a person incarcerated in county or city jail.

According to the Author

"No family should have to wait days to find out if their loved one has been harmed or killed in law enforcement custody. Wakiesha's Law will finally bring parity across systems of incarceration and prioritize family notification."

Arguments in Support

According to the Ella Baker Center for Human Rights, "The Ella Baker Center supports Assemblymember Bryan's eff orts to achieve medical transparency. County jails should not be able to leave families in the dark regarding their loved one's medical status. Uncertainty around a loved ones medical status or location status can cause undue stress on families and children. This uncertainty can have precipitating effects on families leading them disengage with work or other familial responsibilities, leading to additional financial ramifications on already impacted families.

"Family connection is essential for children whose loved ones are incarcerated. While the system should do more to preserve family connections, knowing where your loved one is, is the very baseline respect that families deserve. California has seen a growing increase in jail deaths, and families deserve transparency around the status of their loved one. Regardless of the reasons for medical release or change in status, we must treat families with humanity and extend the same curteousy we would expect in their shoes." (Citations omitted)

Arguments in Opposition

According to the California State Sheriffs' Association, "While we understand the desire to facilitate contact with loved ones when an incarcerated person becomes seriously ill, the bill leaves many open questions. The definition of a serious or critical medical condition may include a situation when an incarcerated person needs to receive "life-sustaining medical treatment." Does a patient receiving oxygen for chronic emphysema constitute life-sustaining medical treatment? Does an insulin-dependent diabetic patient hospitalized for edema qualify? We do not argue that these are serious conditions, but should statute mandate contact be facilitated within 24 hours?

"In addition to these questions and others, we are concerned that even technical non-compliance, like a phone call that comes 10 minutes after the 24-hour period has run, would subject a jail and the county to liability. For this reason, and those stated above, CSSA must oppose AB 1269."

FISCAL COMMENTS

According to the Assembly Appropriations Committee, "Likely absorbable workload costs to cities and counties to make notifications for each in-custody death. Actual costs to each municipality will depend on the number of notifications that must be made each year. In recent years, the number of reported deaths in county jails has ranged between 150 and 215 statewide."

VOTES:

ASM PUBLIC SAFETY: 7-0-2

YES: Schultz, Alanis, Mark González, Haney, Harabedian, Ramos, Sharp-Collins

ABS, ABST OR NV: Lackey, Nguyen

ASM APPROPRIATIONS: 11-0-4

YES: Wicks, Arambula, Calderon, Caloza, Elhawary, Fong, Mark González, Hart, Pacheco, Pellerin, Solache

ABS, ABST OR NV: Sanchez, Dixon, Ta, Tangipa

ASSEMBLY FLOOR: 78-0-1

YES: Addis, Aguiar-Curry, Ahrens, Alanis, Alvarez, Arambula, Ávila Farías, Bains, Bauer- Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Caloza, Carrillo, Chen, Connolly, Davies, DeMaio, Dixon, Elhawary, Ellis, Flora, Fong, Gabriel, Gallagher, Garcia, Gipson, Jeff Gonzalez, Mark González, Hadwick, Haney, Harabedian, Hart, Hoover, Irwin, Jackson, Kalra, Krell, Lackey, Lee, Lowenthal, Macedo, McKinnor, Muratsuchi, Nguyen, Ortega, Pacheco, Papan, Patel, Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Ransom, Celeste Rodriguez, Michelle Rodriguez, Rogers, Blanca Rubio, Sanchez, Schiavo, Schultz, Sharp-Collins, Solache, Soria, Stefani, Ta, Tangipa, Valencia, Wallis, Ward, Wicks, Wilson, Zbur, Rivas

ABS, ABST OR NV: Castillo

UPDATED

VERSION: September 2, 2025

CONSULTANT: Samarpreet Kaur / PUB. S. / (916) 319-3744 FN: 0001882

 THIRD READING  

Bill No: AB 1269

Author: Bryan (D), et al.

Amended: 9/2/25 in Senate

Vote: 27- Urgency

SENATE PUBLIC SAFETY COMMITTEE: 6-0, 7/8/25

AYES: Arreguín, Seyarto, Caballero, Gonzalez, Pérez, Wiener

SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8

ASSEMBLY FLOOR: 78-0, 6/3/25 - See last page for vote

SUBJECT: County and city jails: incarcerated person contacts

SOURCE: Black Lives Matter California; Black Lives Matter Los Angeles; Black Lives Matter Grassroots

DIGEST:

This bill requires county and city jails to notify all people covered by the current medical release of information and next-of-kin form within 24 hours of the death of an incarcerated person.

Senate Floor Amendments of 8/29/25 add an urgency clause.

ANALYSIS:

Existing law:

1. Requires the Board of State and Community Corrections to establish minimum standards for local correctional facilities and requires the board to review those standards biennially and make appropriate revisions. (Penal (Pen.) Code, § 6030, subd. (a).)
2. Provides that the county jails are used for the following purposes:
3. For the detention of persons committed in order to secure their attendance as witnesses in criminal cases;
4. For the detention of persons charged with crime and committed for trial;
5. For the confinement of persons committed for contempt, or upon civil process, or by other authority of law;
6. For the confinement of persons sentenced to imprisonment in a county jail upon a conviction for crime; and,
7. For the confinement of persons for a violation of the terms and conditions of their postrelease community supervision. (Pen. Code, § 4000.)
   
8. Requires the Department of Corrections and Rehabilitation (CDCR) to ask every incarcerated person, at intake, whom they want covered by the following documents: approved visitor list; medical release of information form; medical power of attorney form; and, next-of-kin form authorizing control over body and possessions in case of death. Requires that incarcerated persons have the ability to update these forms at any time, and requires CDCR to offer incarcerated persons the opportunity to review and update these forms at least annually. (Pen. Code, § 6401, subd. (a).)
9. Requires CDCR, within 24 hours of an incarcerated person being hospitalized for a serious or critical medical condition, to inform all persons covered by the current medical release of information form about the incarcerated person’s health status, and to facilitate telephone calls between the incarcerated person and those persons if the incarcerated person consents. A serious or critical medical condition may include any of the following:
10. A medical professional has determined that the incarcerated person needs medical treatment for a terminal disease;
11. A medical professional has determined that the incarcerated person needs to receive life-sustaining medical treatment; or,
12. The incarcerated person has been admitted to a public or community hospital. (Pen. Code, § 6401, subd. (b).)
13. Requires CDCR to notify all persons covered by the current medical release of information form and next of kin form within 24 hours if an incarcerated person has died. (Pen. Code, § 6401, subd. (b)(1)(B).)
14. Requires CDCR to obtain from an incarcerated person, upon entry and annually, the name and last known address and phone number of any person or persons to be notified in the event of the incarcerated person’s death or serious illness or serious injury. Requires the persons be listed in the order of the incarcerated person’s preference. Requires the incarcerated person be provided with the opportunity to modify or amend the notification list at any time. (Pen. Code, § 5022, subd. (a).)
15. Requires CDCR to use all reasonable means to contact the person or persons set forth in the notification list upon the death or serious illness or serious injury of the incarcerated person. (Pen. Code, § 5022, subd. (b).)

This bill:

1. Requires a county or city jail to notify all people covered by the current medical release of information form and the next-of-kin form within 24 hours if an incarcerated person has died.
2. Establishes this provision as Wakiesha’s Law.

Background

Under current law, CDCR is required to obtain the name and last known address and phone number of any person or persons to be notified in the event of the incarcerated person’s death or serious illness or serious injury. (Pen. Code, § 5022, subd. (a).) CDCR is also required to use all reasonable means to contact the person or persons set forth in the notification list upon the death or serious illness or serious injury of the incarcerated person. (Pen. Code, § 5022, subd. (b).)

Existing law also requires CDCR ask each incarcerated person, at intake, who they want listed on a variety of documents, including the medical release of information form. (Pen. Code, § 6401, subd. (a).) CDCR must inform all persons covered by the current medical release of information form within 24 hours of an incarcerated person being hospitalized for a serious or critical medical condition about the incarcerated person’s health status. (Pen. Code, § 6401, subd. (b).) CDCR must also notify all persons covered by the current medical release of information form and next-of-kin form within 24 hours if an incarcerated person has died. (Pen. Code, § 6401, subd. (b)(1)(B).)

There are no state laws or regulations that require local correctional facilities to obtain the information of individuals to be contacted in the event that an incarcerated person in a local facility dies, and there are no laws or regulations requiring a local correctional facility to notify an incarcerated individual’s designated contacts upon their death.

Supporters of this bill assert that there should be a notification requirement when an incarcerated person dies in a city or county jail, particularly in light of an increase in in-custody jail deaths over the past two decades. (See, e.g., Keri Blakinger, Three Inmates Died in Los Angeles County Jails in Just Over a Week (Mar. 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 ; California State Auditor, San Diego County Sheriff’s Department – It Has Failed to Adequately Prevent and Respond to the Deaths of Individuals in Its Custody, Report 2021-109, (Feb. 3, 2022) available at <http:‌//www.‌auditor.ca.‌gov/‌reports/2021-109/‌index.html‌ .)

This bill requires a county or city jail to notify all people covered by the current medical release of information form and the next-of-kin form within 24 hours if an incarcerated person has died.

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

SUPPORT: (Verified 8/29/25)

Black Lives Matter California (co-source)

Black Lives Matter Los Angeles (co-source)

Black Lives Matter Grassroots (co-source)

ACLU California Action

California Public Defenders Association

Drug Policy Alliance

Ella Baker Center for Human Rights

Initiate Justice

Justice2Jobs Coalition

La Defensa

1 individual

OPPOSITION: (Verified 8/29/25)

None received

ASSEMBLY FLOOR: 78-0, 6/3/25

AYES: Addis, Aguiar-Curry, Ahrens, Alanis, Alvarez, Arambula, Ávila Farías, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Caloza, Carrillo, Chen, Connolly, Davies, DeMaio, Dixon, Elhawary, Ellis, Flora, Fong, Gabriel, Gallagher, Garcia, Gipson, Jeff Gonzalez, Mark González, Hadwick, Haney, Harabedian, Hart, Hoover, Irwin, Jackson, Kalra, Krell, Lackey, Lee, Lowenthal, Macedo, McKinnor, Muratsuchi, Nguyen, Ortega, Pacheco, Papan, Patel, Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Ransom, Celeste Rodriguez, Michelle Rodriguez, Rogers, Blanca Rubio, Sanchez, Schiavo, Schultz, Sharp-Collins, Solache, Soria, Stefani, Ta, Tangipa, Valencia, Wallis, Ward, Wicks, Wilson, Zbur, Rivas

NO VOTE RECORDED: Castillo

Prepared by: Stephanie Jordan / PUB. S. /

9/3/25 18:31:30

**** END ****

 THIRD READING  

Bill No: AB 1269

Author: Bryan (D), et al.

Amended: 5/28/25 in Assembly

Vote: 21

SENATE PUBLIC SAFETY COMMITTEE: 6-0, 7/8/25

AYES: Arreguín, Seyarto, Caballero, Gonzalez, Pérez, Wiener

SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8

ASSEMBLY FLOOR: 78-0, 6/3/25 - See last page for vote

SUBJECT: County and city jails: incarcerated person contacts

SOURCE: Black Lives Matter California; Black Lives Matter Los Angeles; Black Lives Matter Grassroots

DIGEST:

This bill requires county and city jails to notify all people covered by the current medical release of information and next-of-kin form within 24 hours of the death of an incarcerated person.

ANALYSIS:

Existing law:

1. Requires the Board of State and Community Corrections to establish minimum standards for local correctional facilities and requires the board to review those standards biennially and make appropriate revisions. (Penal Code (Pen. Code), § 6030, subd. (a).)
2. Provides that the county jails are used for the following purposes:
3. For the detention of persons committed in order to secure their attendance as witnesses in criminal cases;
4. For the detention of persons charged with crime and committed for trial;
5. For the confinement of persons committed for contempt, or upon civil process, or by other authority of law;
6. For the confinement of persons sentenced to imprisonment in a county jail upon a conviction for crime; and,
7. For the confinement of persons for a violation of the terms and conditions of their postrelease community supervision. (Pen. Code, § 4000.)
   
8. Requires the Department of Corrections and Rehabilitation (CDCR) to ask every incarcerated person, at intake, whom they want covered by the following documents: approved visitor list; medical release of information form; medical power of attorney form; and, next-of-kin form authorizing control over body and possessions in case of death. Requires that incarcerated persons have the ability to update these forms at any time, and requires CDCR to offer incarcerated persons the opportunity to review and update these forms at least annually. (Pen. Code, § 6401, subd. (a).)
9. Requires CDCR, within 24 hours of an incarcerated person being hospitalized for a serious or critical medical condition, to inform all persons covered by the current medical release of information form about the incarcerated person’s health status, and to facilitate telephone calls between the incarcerated person and those persons if the incarcerated person consents. A serious or critical medical condition may include any of the following:
10. A medical professional has determined that the incarcerated person needs medical treatment for a terminal disease;
11. A medical professional has determined that the incarcerated person needs to receive life-sustaining medical treatment; or,
12. The incarcerated person has been admitted to a public or community hospital. (Pen. Code, § 6401, subd. (b).)
13. Requires CDCR to notify all persons covered by the current medical release of information form and next of kin form within 24 hours if an incarcerated person has died. (Pen. Code, § 6401, subd. (b)(1)(B).)
14. Requires CDCR to obtain from an incarcerated person, upon entry and annually, the name and last known address and phone number of any person or persons to be notified in the event of the incarcerated person’s death or serious illness or serious injury. Requires the persons be listed in the order of the incarcerated person’s preference. Requires the incarcerated person be provided with the opportunity to modify or amend the notification list at any time. (Pen. Code, § 5022, subd. (a).)
15. Requires CDCR to use all reasonable means to contact the person or persons set forth in the notification list upon the death or serious illness or serious injury of the incarcerated person. (Pen. Code, § 5022, subd. (b).)

This bill:

1. Requires a county or city jail to notify all people covered by the current medical release of information form and the next-of-kin form within 24 hours if an incarcerated person has died.
2. Establishes this provision as Wakiesha’s Law.

Background

Under current law, CDCR is required to obtain the name and last known address and phone number of any person or persons to be notified in the event of the incarcerated person’s death or serious illness or serious injury. (Pen. Code, § 5022, subd. (a).) CDCR is also required to use all reasonable means to contact the person or persons set forth in the notification list upon the death or serious illness or serious injury of the incarcerated person. (Pen. Code, § 5022, subd. (b).)

Existing law also requires CDCR ask each incarcerated person, at intake, who they want listed on a variety of documents, including the medical release of information form. (Pen. Code, § 6401, subd. (a).) CDCR must inform all persons covered by the current medical release of information form within 24 hours of an incarcerated person being hospitalized for a serious or critical medical condition about the incarcerated person’s health status. (Pen. Code, § 6401, subd. (b).) CDCR must also notify all persons covered by the current medical release of information form and next-of-kin form within 24 hours if an incarcerated person has died. (Pen. Code, § 6401, subd. (b)(1)(B).)

There are no state laws or regulations that require local correctional facilities to obtain the information of individuals to be contacted in the event that an incarcerated person in a local facility dies, and there are no laws or regulations requiring a local correctional facility to notify an incarcerated individual’s designated contacts upon their death.

Supporters of this bill assert that there should be a notification requirement when an incarcerated person dies in a city or county jail, particularly in light of an increase in in-custody jail deaths over the past two decades. (See, e.g., Keri Blakinger, Three Inmates Died in Los Angeles County Jails in Just Over a Week (Mar. 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 ; California State Auditor, San Diego County Sheriff’s Department – It Has Failed to Adequately Prevent and Respond to the Deaths of Individuals in Its Custody, Report 2021-109, (Feb. 3, 2022) available at <http:‌//www.‌auditor.ca.‌gov/‌reports/2021-109/‌index.html‌ .)

This bill requires a county or city jail to notify all people covered by the current medical release of information form and the next-of-kin form within 24 hours if an incarcerated person has died.

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

SUPPORT: (Verified 8/18/25)

Black Lives Matter California (co-source)

Black Lives Matter Los Angeles (co-source)

Black Lives Matter Grassroots (co-source)

ACLU California Action

California Public Defenders Association

Drug Policy Alliance

Ella Baker Center for Human Rights

Initiate Justice

Justice2Jobs Coalition

La Defensa

1 individual

OPPOSITION: (Verified 8/18/25)

None received

ASSEMBLY FLOOR: 78-0, 6/3/25

AYES: Addis, Aguiar-Curry, Ahrens, Alanis, Alvarez, Arambula, Ávila Farías, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Caloza, Carrillo, Chen, Connolly, Davies, DeMaio, Dixon, Elhawary, Ellis, Flora, Fong, Gabriel, Gallagher, Garcia, Gipson, Jeff Gonzalez, Mark González, Hadwick, Haney, Harabedian, Hart, Hoover, Irwin, Jackson, Kalra, Krell, Lackey, Lee, Lowenthal, Macedo, McKinnor, Muratsuchi, Nguyen, Ortega, Pacheco, Papan, Patel, Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Ransom, Celeste Rodriguez, Michelle Rodriguez, Rogers, Blanca Rubio, Sanchez, Schiavo, Schultz, Sharp-Collins, Solache, Soria, Stefani, Ta, Tangipa, Valencia, Wallis, Ward, Wicks, Wilson, Zbur, Rivas

NO VOTE RECORDED: Castillo

Prepared by: Stephanie Jordan / PUB. S. /

8/20/25 23:35:42

**** END ****

ASSEMBLY THIRD READING

ATR Bill Id:AB 1269

Author:(Bryan)

As Amended Ver:May 28, 2025

Majority vote

SUMMARY

Requires county and city jails, within 24 hours, to notify all people covered by the medical release of information and next of kin form of the death of a person incarcerated in county or city jail.

Major Provisions

COMMENTS

According to the Author

"No family should have to wait days to find out if their loved one has been harmed or killed in law enforcement custody. Wakiesha's Law will finally bring parity across systems of incarceration and prioritize family notification."

Arguments in Support

According to the Ella Baker Center for Human Rights, "The Ella Baker Center supports Assemblymember Bryan's eff orts to achieve medical transparency. County jails should not be able to leave families in the dark regarding their loved one's medical status. Uncertainty around a loved ones medical status or location status can cause undue stress on families and children. This uncertainty can have precipitating effects on families leading them disengage with work or other familial responsibilities, leading to additional financial ramifications on already impacted families.

"Family connection is essential for children whose loved ones are incarcerated. While the system should do more to preserve family connections, knowing where your loved one is, is the very baseline respect that families deserve. California has seen a growing increase in jail deaths, and families deserve transparency around the status of their loved one. Regardless of the reasons for medical release or change in status, we must treat families with humanity and extend the same curteousy we would expect in their shoes." (Citations omitted)

Arguments in Opposition

According to the California State Sheriffs' Association, "While we understand the desire to facilitate contact with loved ones when an incarcerated person becomes seriously ill, the bill leaves many open questions. The definition of a serious or critical medical condition may include a situation when an incarcerated person needs to receive "life-sustaining medical treatment." Does a patient receiving oxygen for chronic emphysema constitute life-sustaining medical treatment? Does an insulin-dependent diabetic patient hospitalized for edema qualify? We do not argue that these are serious conditions, but should statute mandate contact be facilitated within 24 hours?

"In addition to these questions and others, we are concerned that even technical non-compliance, like a phone call that comes 10 minutes after the 24-hour period has run, would subject a jail and the county to liability. For this reason, and those stated above, CSSA must oppose AB 1269."

FISCAL COMMENTS

According to the Assembly Appropriations Committee, "Likely absorbable workload costs to cities and counties to make notifications for each in-custody death. Actual costs to each municipality will depend on the number of notifications that must be made each year. In recent years, the number of reported deaths in county jails has ranged between 150 and 215 statewide."

VOTES

ASM PUBLIC SAFETY: 7-0-2

YES: Schultz, Alanis, Mark González, Haney, Harabedian, Ramos, Sharp-Collins

ABS, ABST OR NV: Lackey, Nguyen

ASM APPROPRIATIONS: 11-0-4

YES: Wicks, Arambula, Calderon, Caloza, Elhawary, Fong, Mark González, Hart, Pacheco, Pellerin, Solache

ABS, ABST OR NV: Sanchez, Dixon, Ta, Tangipa

UPDATED

VERSION: May 28, 2025

CONSULTANT: Samarpreet Kaur / PUB. S. / (916) 319-3744 FN: 0000937

ASSEMBLY THIRD READING

ATR Bill Id:AB 1269

Author:(Bryan)

As Amended Ver:May 23, 2025

Majority vote

SUMMARY

Requires county and city jails, within 24 hours, to notify all people covered by the medical release of information and next of kin form of the death of a person incarcerated in county or city jail.

COMMENTS

According to the Author

"No family should have to wait days to find out if their loved one has been harmed or killed in law enforcement custody. Wakiesha's Law will finally bring parity across systems of incarceration and prioritize family notification."

Arguments in Support

According to the Ella Baker Center for Human Rights, "The Ella Baker Center supports Assemblymember Bryan's eff orts to achieve medical transparency. County jails should not be able to leave families in the dark regarding their loved one's medical status. Uncertainty around a loved ones medical status or location status can cause undue stress on families and children. This uncertainty can have precipitating effects on families leading them disengage with work or other familial responsibilities, leading to additional financial ramifications on already impacted families.

"Family connection is essential for children whose loved ones are incarcerated. While the system should do more to preserve family connections, knowing where your loved one is, is the very baseline respect that families deserve. California has seen a growing increase in jail deaths, and families deserve transparency around the status of their loved one2. Regardless of the reasons for medical release or change in status, we must treat families with humanity and extend the same courtesy we would expect in their shoes." (Citations omitted)

Arguments in Opposition

According to the California State Sheriffs' Association, "While we understand the desire to facilitate contact with loved ones when an incarcerated person becomes seriously ill, the bill leaves many open questions. The definition of a serious or critical medical condition may include a situation when an incarcerated person needs to receive "life-sustaining medical treatment." Does a patient receiving oxygen for chronic emphysema constitute life-sustaining medical treatment? Does an insulin-dependent diabetic patient hospitalized for edema qualify? We do not argue that these are serious conditions, but should statute mandate contact be facilitated within 24 hours?

"In addition to these questions and others, we are concerned that even technical non-compliance, like a phone call that comes ten minutes after the 24-hour period has run, would subject a jail and the county to liability. For this reason, and those stated above, CSSA must oppose AB 1269.”

FISCAL COMMENTS

According to the Assembly Appropriations Committee, "Likely absorbable workload costs to cities and counties to make notifications for each in-custody death. Actual costs to each municipality will depend on the number of notifications that must be made each year. In recent years, the number of reported deaths in county jails has ranged between 150 and 215 statewide."

VOTES

ASM PUBLIC SAFETY: 7-0-2

YES: Schultz, Alanis, Mark González, Haney, Harabedian, Ramos, Sharp-Collins

ABS, ABST OR NV: Lackey, Nguyen

ASM APPROPRIATIONS: 11-0-4

YES: Wicks, Arambula, Calderon, Caloza, Elhawary, Fong, Mark González, Hart, Pacheco, Pellerin, Solache

ABS, ABST OR NV: Sanchez, Dixon, Ta, Tangipa

UPDATED

VERSION: May 23, 2025

CONSULTANT: Samarpreet Kaur / PUB. S. / (916) 319-3744 FN: 0000768

Date of Hearing: April 23, 2025

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Buffy Wicks, Chair

ABPCA Bill Id:AB 1269

Author:(Bryan) – As Amended Ver:March 28, 2025

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

SUMMARY:

This bill requires a city or county jail to notify each person included on an incarcerated person’s medical release form if the incarcerated person dies in custody or is hospitalized for a serious or critical medical condition.

If an incarcerated person is hospitalized for a serious or critical medical condition, the bill also requires the jail to facilitate phone calls between the incarcerated person and the people listed on their medical release form.

FISCAL EFFECT:

Likely reimbursable workload costs (local funds, General Fund) to cities and counties, possibly in the tens of millions of dollars annually. Actual costs to each municipality will depend on the number of notifications that must be made each year in its jails. In recent years, the number of reported deaths in county jails has ranged between 150 and 215 statewide. If in-custody deaths continue at this rate, workload costs for making death-in-custody notifications may be absorbable. For hospitalization notifications, the workload required by the bill is more significant: jail staff must determine whether the hospitalization of an incarcerated person triggers the bill’s notification requirement, make the required notifications, and facilitate phone calls between the incarcerated person and their contacts.

For context, the Riverside County Sheriff’s Department (RCSD), which operates one of the largest county jail systems in the state and opposes this bill, reports that around 4,200 incarcerated people from its jails are admitted to the hospital or assessed in an emergency room each year. To fulfill this bill’s requirements, RCSD anticipates hiring an additional correctional deputy for each of its five detention facilities, for an annual cost of $3.5 million annually. Counties and cities with smaller jail populations would incur lower workload costs under the bill, but, in the aggregate, costs are likely to be significant.

COMMENTS:

1. Purpose. According to the author:

No family should have to wait days to find out if their loved one has been harmed or killed in law enforcement custody. Wakiesha’s Law will finally bring parity across systems of incarceration and prioritize family notification.

1. Background. When an incarcerated person is admitted into state prison, they can designate people who are authorized to receive medical information about the incarcerated person. Under existing law, if the incarcerated person dies in custody or is hospitalized for a serious or critical medical condition, the California Department of Corrections and Rehabilitations (CDCR) must, within 24 hours, contact the people listed on the incarcerated person’s medical release form and inform them of the incarcerated person’s health status. CDCR must also provide emergency phone calls between the incarcerated person and the people listed on their medical release form.

This bill requires city and county jails to make essentially the same notifications currently required of CDCR.

1. Support and Opposition. In support of this bill, A New Way of Life Reentry Project writes:

Wakiesha’s Law addresses the devastating communication failures between local jail systems and the families of incarcerated individuals, particularly during medical crises or after a death in custody. The tragic death of Wakiesha Wilson in 2016 whose family was never notified of her passing while in LAPD custody exposed the systemic gaps in notification procedures that continue to cause harm and trauma to families across California.

In opposition, RCSD writes:

[R]equiring our agency to make notifications of hospitalization within 24 hours causes us great concern. We transport to our county hospital and house an average of six (6) incarcerated persons daily…We are unable to provide adequate staff to manage the influx of visitors this may generate and keep up with the rigid requirements of supervising each incarcerated person while at the hospital. If we, one of the largest agencies in California, are unable to provide adequate security under these circumstances, how are other underfunded and inadequately staffed agencies supposed to comply with these mandates?

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

Date of Hearing: April 8, 2025

Consultant: Samarpreet Kaur

ASSEMBLY COMMITTEE ON PUBLIC SAFETY

Nick Schultz, Chair

ABPCA Bill Id:AB 1269

Author:(Bryan) – As Amended Ver:March 28, 2025

SUMMARY:

Requires county and city jails, within 24 hours, to notify all people covered by the medical release of information and next of kin form of the hospitalization or death of a person incarcerated in county or city jail. Specifically, this bill:

1. States that this bill shall be known as Wakiesha’s Law.
   
2. Requires within 24 hours of an incarcerated person being hospitalized for a serious or critical medical condition, the county or city jail to inform all people covered by the current medical release of information form about the incarcerated person’s health status.
   
3. Requires county and city jails to facilitate telephone calls between the incarcerated person and all people covered by the current medical release of information form if the incarcerated person consents.
   
4. Provides that a serious or critical medical condition may include any of the following:
   
5. A medical professional has determined that the incarcerated person needs medical treatment for a terminal disease;
   
6. A medical professional has determined that the incarcerated person needs to receive life-sustaining medical treatment; or,
   
7. The incarcerated person has been admitted to a public or community hospital.
8. Requires that if an incarcerated person has died, the county or city jail to notify all people covered by the current medical release of information form and next of kin form within 24 hours.
   

EXISTING LAW:

1. Provides that the Board of State and Community Corrections (BSCC) shall establish minimum standards for local correctional facilities. The board shall review those standards biennially and make any appropriate revisions. (Pen. Code, § 6030, subd. (a).)
   
2. States 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 are used as follows:
   
   (a) For the detention of persons committed in order to secure their attendance as witnesses in criminal cases;
   
   (b) For the detention of persons charged with crime and committed for trial;
   
   (c) For the confinement of persons committed for contempt, or upon civil process, or by other authority of law;
   
   (d) For the confinement of persons sentenced to imprisonment therein upon a conviction for crime; and,
   
   (e) For the confinement of persons for a violation of the terms and conditions of their postrelease community supervision. (Pen. Code, § 4000.)
   
3. Requires, at intake, the Department of Corrections and Rehabilitation (CDCR) to ask every incarcerated person whom they want covered by the following documents and shall be assisted in completing the necessary paperwork for the following documents:
   1. Approved visitor list. If the incarcerated person would like to add a visitor, CDCR shall provide a visitor application form for the incarcerated person to sign and send to the potential visitor, who may then complete and submit it to the visiting department of the facility;
      
   2. Medical release of information form;
      
   3. Medical power of attorney form; and,
      
   4. Next of kin form authorizing control over body and possessions in case of death. (Pen. Code, § 6401, subd. (a).)
      
4. Provides that incarcerated persons shall have the ability to update the forms in subparagraphs (a) to (d) of Pen. Code, § 6401, subd. (a) at any time. At least once a year, CDCR shall offer incarcerated persons the opportunity to review and update, as necessary, these forms. (Pen. Code, § 6401, subd. (a)(2).)
   
5. Requires CDCR, within 24 hours of an incarcerated person being hospitalized for a serious or critical medical condition, to inform all persons covered by the current medical release of information form about the incarcerated person’s health status, and to facilitate telephone calls between the incarcerated person and those persons if the incarcerated person consents. A serious or critical medical condition may include any of the following:
   1. A medical professional has determined that the incarcerated person needs medical treatment for a terminal disease;
      
   2. A medical professional has determined that the incarcerated person needs to receive life-sustaining medical treatment; or,
      
   3. The incarcerated person has been admitted to a public or community hospital. (Pen. Code, § 6401, subd. (b).)
      
6. Requires CDCR, if an incarcerated person has died, to notify all persons covered by the current medical release of information form and next of kin form within 24 hours. (Pen. Code, § 6401, subd. (b).)
   
7. Requires CDCR to obtain from an incarcerated person, upon entry and annually, the name and last known address and phone number of any person or persons to be notified in the event of the person’s death or serious illness or serious injury, as determined by the physician in attendance. Requires the persons be notified in the order of the incarcerated person’s preference. Requires the incarcerated person be provided with the opportunity to modify or amend his or her notification list at any time. (Pen. Code, § 5022, subd. (a).)
8. Requires CDCR to use all reasonable means to contact the person or persons set forth in the notification list upon the death or serious illness or serious injury, as determined by the physician in attendance, of the incarcerated person. (Pen. Code, § 5022, subd. (b).)

FISCAL EFFECT:

Unknown

COMMENTS:

1. Author's Statement: According to the author, “No family should have to wait days to find out if their loved one has been harmed or killed in law enforcement custody. Wakiesha’s Law will finally bring parity across systems of incarceration and prioritize family notification”
   
2. Intake Forms and Records: Existing Law requires that BSCC shall establish minimum standards for local correctional facilities. The board shall review those standards biennially and make any appropriate revisions. (Pen. Code, § 6030, subd. (a).) Existing Law also states that each facility administrator of a county and city jail to develop written policies and procedures for the maintenance of individual records for each incarcerated person which shall include, but not be limited to, intake information, personal property receipts, commitment papers, court orders, reports of disciplinary actions taken, medical orders issued by the responsible physician and staff response, and non-medical information regarding disabilities and other limitations. (Cal. Code Regs., tit. 15, § 1041, subd. (a).)

Currently there are no regulations in existing law that require county or city jails to inform all persons covered by the current medical release of information form about the incarcerated person’s health status. This bill would rectify this by requiring county and city jails to inform all people covered by the current medical release of information form, within 24 hours, if an incarcerated person being hospitalized for a serious or critical medical condition and to facilitate telephone calls between the incarcerated person and those people if the incarcerated person consents.

1. In-Custody Deaths: The Department of Justice (DOJ) Criminal Justice Statistics Center (CJSC) collects information on deaths in custody (DIC) in California. The DIC data are reported by law enforcement agencies in compliance with California Government Code (GC) section 12525.^[1] There have been multiple reports and news articles that provide data on the increase of in-custody jail inmate deaths across California counties. The California State Auditor conducted an audit that stated that between 2006 and 2020, 85 people died in San Diego County jails – one of the highest totals among counties in the State.^[2] In 2022, the San Diego Sheriff’s Department reported 19 deaths in custody, as well as 8 so far in 2023.^[3] San Diego jails have the highest number of “unexplained deaths” out of California’s 12 largest counties.^[4] LA times reported that 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 had only been completed in roughly a third of the 44 cases.^[5]
   
   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.”^[6]

As there are growing concerns over the increase of in-custody deaths in California county jails, it is imperative that the family members of these individuals be kept in the loop regarding the status of their health. AB 1269 will require that if an incarcerated person has died, the county or city jail to notify all people covered by the current medical release of information form and next of kin form within 24 hours.

1. Argument in Support: According to the Ella Baker Center for Human Rights, “The Ella Baker Center supports Assemblymember Bryan’s eff orts to achieve medical transparency. County jails should not be able to leave families in the dark regarding their loved one's medical status. Uncertainty around a loved ones medical status or location status can cause undue stress on families and children. This uncertainty can have precipitating effects on families leading them disengage with work or other familial responsibilities, leading to additional financial ramifications on already impacted families.

“Family connection is essential for children whose loved ones are incarcerated. While the system should do more to preserve family connections, knowing where your loved one is, is the very baseline respect that families deserve. California has seen a growing increase in jail deaths, and families deserve transparency around the status of their loved one2. Regardless of the reasons for medical release or change in status, we must treat families with humanity and extend the same curteousy we would expect in their shoes.” (Citations omitted)

1. Argument in Opposition: According to the California State Sheriffs’ Association, “While we understand the desire to facilitate contact with loved ones when an incarcerated person becomes seriously ill, the bill leaves many open questions. The definition of a serious or critical medical condition may include a situation when an incarcerated person needs to receive “life-sustaining medical treatment.” Does a patient receiving oxygen for chronic emphysema constitute life-sustaining medical treatment? Does an insulin-dependent diabetic patient hospitalized for edema qualify? We do not argue that these are serious conditions, but should statute mandate contact be facilitated within 24 hours?

“In addition to these questions and others, we are concerned that even technical non-compliance, like a phone call that comes ten minutes after the 24-hour period has run, would subject a jail and the county to liability. For this reason, and those stated above, CSSA must oppose AB 1269.”

1. Related Legislation: H.R. 10367 (Kamlager-Dove), of the 2024 118^th Congress, would establish Federal policies and procedures to notify the next-of-kin or other emergency contact upon the death, or serious illness or serious injury, of an individual in Federal custody, to provide model policies for States, units of local government, and Indian Tribes to implement and enforce similar policies and procedures. This bill is currently in the Congressional Committee of the Judiciary.
   
2. Prior Legislation:
   
   1. SB 519 (Atkins), Chapter 306, Statues of 2023, made records relating to an investigation conducted by a local detention facility into a death incident available to the public.
      
   2. SB 1139 (Kamlager), Chapter 837, Statues of 2022, required CDCR to make emergency phone calls available to an incarcerated person and specified people outside of CDCR when the incarcerated person has been hospitalized for a serious medical reason or when the incarcerated person’s family member has become critically ill or died.
      
   3. H.R. 6296 (Bass), of the 2021-2021 117^th Congress, would enact the Family Notification of Death, Injury, or Illness in Custody Act of 2021, to establish federal policies and procedures to notify the next-of-kin or other emergency contact upon the death, or serious illness or serious injury, of an individual in federal, state and local custody.
      
   4. SB 555 (Mitchell), of the 2017-2018 Legislative Session, would have prohibited a county jail from collecting commission fees for providing telephone services to inmates, and would have imposed other restrictions on a county’s ability to contract for commissary and communication services. SB 555 was vetoed by the governor.

REGISTERED SUPPORT / OPPOSITION:

Support

A New Way of Life Re-entry Project
California Public Defenders Association (CPDA)
Drug Policy Alliance
Ella Baker Center for Human Rights
LA Defensa

1 private individual

Oppose

California State Sheriffs' Association
Riverside County Sheriff's Office

Analysis Prepared by:

Samarpreet Kaur / PUB. S. / (916) 319-3744

1. Death in Custody ↑

2. (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 (Last accessed April 2^nd, 2025) ↑

3. San Diego County Sheriff’s Department, Homicide, In-Custody Deaths, Officer Involved Shootings <https://www.sdsheriff.gov/resources/transparency-reports> (Last Accessed on April 2^nd, 2025) ↑

4. (San Diego Citizens Law Enforcement Review Board, San Diego In-Custody Death Study <https://www.sandiegocounty.gov/content/dam/sdc/clerb/docs/in-custody-death-study/Att.G-CLERB%20In-Custody%20Death%20Study.pdf> (Last Accessed on April 2^nd, 2025) ↑

5. 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> (Last Accessed on April 2^nd, 2025) ↑

6. (DOJ, Death in Custody from 2010 to 2019 <https://openjustice.doj.ca.gov/data-stories/2019/death-custody-2010-2019> ↑