Reporting In-Custody Deaths: What California Law Requires
When someone dies in police custody or in a correctional facility, the public deserves to know what happened—and why. That’s why California has strict laws regarding the reporting of in-custody deaths. State statutes outline when and how in-custody deaths must be reported, providing transparency to the public at large, affected families, and the press. By enforcing consistent reporting standards, the state makes it easier to see patterns and issues that could save lives. When a death does occur, the family may seek the help of an in-custody death attorney in California for answers.
Having the right legal team after a preventable death is critical. That’s where the team at the Law Offices of Dale K. Galipo steps in to help. Led by attorney and founder Dale K. Galipo, we fight for the rights of residents every day. After working in both criminal defense and personal injury law, Mr. Galipo set his sights on civil rights law. Since then, he’s built a name for himself as one of the most highly sought after civil rights attorneys in Southern California. To discuss your case in greater detail with our in-custody death law firm, call the Law Offices of Dale K. Galipo at 818-347-3333.
Timely Reporting is Mandatory
Under California Government Code 12525, law enforcement agencies are required to report any time a person dies while in the custody of a law enforcement agency or correctional facility, including both local and state facilities. Other covered facilities include sheriff’s offices and youth detention centers. Deaths must be reported within 10 days to abide by state law.
This law also extends to deaths that occur before someone has reached a law enforcement or correctional facility. For example, if someone dies while being arrested, while being detained, or during transport to a facility, that death must be reported within 10 days.
The goal of this law is simple—ensure that no in-custody deaths go unreported and slip through the cracks. It offers the clarity and transparency that in-custody death lawyers demand.
What Must Be Included in a Report
The California Department of Justice simply requires that what is known be reported to the DOJ within ten days of the death. Ten days is a fairly short timeframe, and it’s not uncommon for the reporting facility or agency not to have very much information yet. While agencies only have to report what they know within the 10-day deadline, they must continue to report new information as it becomes available. Information requested by the DOJ includes the race and ethnicity of the individual, the location where the death occurred, a description of the circumstances leading to the death, identifying information for anyone involved in the death, and when the death occurred. Facilities must also report whether weapons, force, or chemical agents were used in the interaction leading to the individual’s death.
Noncompliance with these requirements can lead to audits, requests for corrections from the DOJ, and increased scrutiny from the DOJ. Because these records are publicly available, any gap in reporting may also capture media attention.
How This Data is Made Public
Anyone, from investigators and in-custody death law firms to members of the public, can access the California DOJ’s OpenJustice Deaths in Custody Dashboard. This dashboard includes information on deaths by county, deaths by demographic category, deaths per capita, and manner of death.
It’s clear how this data can be used by reporters, legislators, investigators, and in-custody death lawyers. For example, an abnormally high per capita death rate may indicate a serious issue with safety or supervision in a county’s facilities, while an unusually high rate of death by suicide may indicate that at-risk detainees are not being properly monitored.
Monitoring Jail and Detention Deaths
The In-Custody Deaths in Local Detention Facilities Dashboard is managed by the Board of State and Community Corrections. The Board looks at trends within counties and looks for ways to improve detainee safety throughout California.
These reports are a crucial part of transparency in the criminal justice system. Those who are arrested, detained, or convicted are at great risk of having their needs ignored, being targeted by inmates and guards, and not receiving appropriate medical care. By requiring prompt reports of in-custody deaths, California strives to keep detainees safe.
Get Started With the Law Offices of Dale K. Galipo Police Misconduct Law Firm
If you’ve lost someone you love to an in-custody death, it’s time to seek answers and get justice. To talk about your case with our in-custody death attorneys, give us a call at 818-347-3333 or contact us online.
