Cal. Code Regs. Tit. 15, § 1046 - Death in Custody

(a) Death in Custody Reviews for Adults and Minors.

The facility administrator, in cooperation with the health administrator, shall develop written policy and procedures to ensure that there is an initial review of every in-custody death within 30 days. The review team at a minimum shall include 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.

(b) Death of a Minor

In any case in which a minor dies while detained in a jail, lockup, or court holding facility:

(1) The administrator of the facility shall provide to the Board a copy of the report submitted to the Attorney General under Government Code Section 12525. A copy of the report shall be submitted within 10 calendar days after the death.
(2) Upon receipt of a report of death of a minor from the administrator, the Board may within 30 calendar days inspect and evaluate the jail, lockup, or court holding facility pursuant to the provisions of this subchapter. Any inquiry made by the Board shall be limited to the standards and requirements set forth in these regulations.

Notes

Cal. Code Regs. Tit. 15, § 1046
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).

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).

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