(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)
(1)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 det
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(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)
(1)
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 director’s recommendations.
(2)
As used in this section, the term “director” includes employees and agents of the In-Custody Death Review Division.
(c)
Within 90 days of receipt of the director’s recommendations, the sheriff or administrator who operates the local detention facility shall identify the director’s recommendations that
will be implemented and shall provide a timeline for implementation and the anticipated cost of implementing those recommendations. The sheriff or administrator who operates the local detention facility shall also identify the director’s 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 director’s
recommendations issued pursuant to subdivision (b) and responses
from the sheriff or administrator required under subdivision (c) 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 Corrections’s 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.
(f)
(1)
In carrying out the duties under this section, the director shall, during regular business hours, have access to, and authority to, examine and reproduce records, as specified in paragraph (1) of subdivision (c) of Section 832.10, of any local detention facility. In connection with duties authorized by this chapter, the director 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 employee’s representative providing for the confidentiality or privilege of any records or property shall prevent disclosure. 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 director.
(2)
A local detention facility may withhold records that are part of an active criminal or administrative investigation as set forth in paragraph (4) of subdivision (c) of Section 832.10.
(g)
Access, examination, and reproduction consistent with the provisions of this section shall not constitute a waiver of any confidentiality or privilege regarding any records disclosed to
the director.
(h)
For purposes of federal and state law, including the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the Confidentiality of Medical Information Act, the In-Custody Death Review Division within the Board of State and Community Corrections shall be deemed a health oversight agency authorized by law to receive protected health information for oversight activities, including as described in Section 164.512(d) of Title 45 of the Code of Federal Regulations related to the review of an in-custody death pursuant to this section. Covered entities may disclose protected health information to the In-Custody Death Review Division without the authorization of the individual, provided that disclosure is limited to information reasonably necessary for the In-Custody Death Review Division review of in-custody deaths pursuant to this section.