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§ 832.10 (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…

Part 2: Of Criminal Procedure | Title 3: Additional Provisions Regarding Criminal Procedure | Chapter 4.5: Peace Officers

(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:

(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:

(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:

(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.

Amendment history: Added by Stats. 2023, Ch. 306, Sec. 1. (SB 519) Effective January 1, 2024. Operative July 1, 2024, by its own provisions.