(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 deta
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(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 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.
(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 people’s 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 facility’s 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 agency’s 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 facility’s 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 officer’s 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 public’s 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.