Section 1046 - Death in Custody(a) The facility administrator shall develop written policy and procedures to comply with the in-custody death reporting requirements of Government Code section 12525. The facility administrator shall submit a copy of the report filed pursuant to section 12525 to the BSCC within 10 days of an in-custody death.(b) The facility administrator, in cooperation with the health administrator, shall develop written policy and procedures to conduct an initial review and complete a written report of every in-custody death within 30 days of the death. The team that conducts the initial review shall include, at a minimum, the facility administrator or designee, the health administrator, the responsible physician and other health care, and supervision staff who are relevant to the incident. Deaths shall be reviewed to determine the appropriateness of clinical care; whether changes to policies, procedures, or practices are warranted; and to identify issues that require further study.
(c) The facility administrator shall submit a copy of the initial review report of every in-custody death to the BSCC within 60 days of the death. The facility administrator shall provide a copy of the initial review report that comports with the disclosure requirements of section 832.10 of the Penal Code. The initial review report shall contain the following information:
(1) Demographic information (A) Full name of the decedent(G) Relevant medical history(2) Facility Information (A) Name and location of the detention facility(B) Description of the location where the death occurred within the facility(C) Date and time of the incident(D) Detention facility personnel (including names and roles) involved in the reporting of the death or incident(3) Any relevant circumstances leading up to death, including behavioral health or medical issues.(d) In any case in which a minor dies while detained in a jail, lockup, or court holding facility the BSCC may inspect and evaluate the jail, lockup, or court holding facility pursuant to the provisions of this subchapter within 30 calendar days of the death. Any inquiry made by the Board shall be limited to the standards and requirements set forth in these regulations.Cal. Code Regs. Tit. 15, § 1046
Note: Authority cited: Sections 6024 and 6030, Penal Code. Reference: Sections 832.10, 6030 and 6034, Penal Code.
Note: Authority cited: Sections 6024 and 6030, Penal Code. Reference: Section 6030, Penal Code.
1. New section filed 6-23-2003; operative 7-23-2003 (Register 2003, No. 26).
2. Amendment of section heading and section filed 6-2-2005; operative 7-2-2005 (Register 2005, No. 22).
3. Amendment of subsection (b)(1) filed 4-20-2009; operative 5-20-2009 (Register 2009, No. 17).
4. Amendment of subsection (b)(1) and Note filed 8-20-2012; operative 9-19-2012 (Register 2012, No. 34).
5. Amendment filed 1-26-2017; operative 4/1/2017 (Register 2017, No. 4).
6. Amendment of subsection (a) filed 11-17-2022; operative 1/1/2023 (Register 2022, No. 46).
7. Amendment of section and NOTE filed 5-30-2024; operative 7/1/2024 (Register 2024, No. 22).