§ 10008. — 10008. (Amended by Stats. 2024, Ch. 968, Sec. 1.)

California § 10008.

• Jurisdiction: California
• Code PEN: Penal Code - PEN
• Title: 10.
• Part 3.: TITLE 10. GENERAL PROVISIONS

Text

(a)
When a person, including a juvenile, who is in custody dies, the agency with jurisdiction over the state or local correctional facility with custodial responsibility for the person at the time of their death shall, consistent with reporting requirements pursuant to Section 12525 of the Government Code, post all of the following on its internet website:
(1)
The full name of the agency with custodial responsibility at the time of death.
(2)
The county in which the death occurred.
(3)
The facility in which the death occurred, and the location within that facility where the death occurred.
(4)
The race, gender, and age of the decedent.
(5)
The date on which the death occurred.
(6)
The custodial status of the decedent, including, but not limited to, whether the person was awaiting arraignment, awaiting trial, or incarcerated.
(7)
The manner and means of death.
(b)
(1)
Subject to paragraph (2), the information shall be posted for the public to view on the agency’s internet website within 10 days of the date of death. If any of the information changes, including, but not limited to, the manner and means of death and the date on which the death occurred, once determined by a medical examiner or similar entity, the agency shall update the posting within 30 days of
the change.
(2)
If the agency seeks to notify the next of kin and is unable to notify them within 10 days of the death, the agency shall be given an additional 10 days to make good faith efforts to notify next of kin before the information shall be posted for the public to view on the agency’s internet website.
(c)
“In-custody death” means the death of a person who is detained, under arrest, or is in the process of being arrested, is en route to be incarcerated, or is incarcerated at a municipal or county jail, state prison, state-run boot camp prison, boot camp prison that is contracted out by the state, any state or local contract facility, or other local or state correctional facility, including any juvenile facility. “In-custody death” also includes deaths that occur in medical facilities while in law-enforcement custody.

Legislative History

Amended by Stats. 2024, Ch. 968, Sec. 1. (AB 2531) Effective January 1, 2025.