A new state office tasked with reviewing deaths in California county jails has yet to complete a single review, despite more than 150 in-custody deaths occurring over the past year and a half. The In-Custody Death Review Division (ICDR), established in July 2024, has been hampered by a lack of complete records from local agencies, according to the Board of State and Community Corrections (BSCC).
New Law Faces Early Hurdles
The ICDR was created by SB 519, signed into law in October 2023, in response to a series of deadly years in county jails across California, including those in San Diego, Riverside, and Los Angeles counties. However, the initial data submitted by counties lacked sufficient detail, with the majority of deaths listed as “pending investigation.” These internal investigations can take months, or even years, to finalize.
Early communication with counties revealed a reluctance to share nonpublic information, such as medical records and investigatory materials. Jana Sanford-Miller, a spokesperson for the BSCC, stated that “some agencies did not send records, and others sent redacted records.”
Legislative Changes Aim to Improve Access
To address these limitations, the state legislature passed a trailer bill in late 2024 clarifying that the ICDR’s director and employees have full access to investigative records, even those protected by federal privacy laws. Allison Ganter, the division’s director appointed by Gov. Gavin Newsom in October 2024, stated the office is “committed to conducting meaningful and transparent reviews” and understanding why people die in custody to prevent future deaths.
While Governor Newsom touted the legislation as creating a dedicated point person for jail oversight, the ICDR is currently not working with the California Attorney General’s Office on in-custody deaths.
Concerns Over Enforcement Power
Critics argue that the current law is “clawless,” lacking the authority to compel counties to comply with investigations. An earlier version of SB 519 would have allowed the state to strip control of jails from sheriff’s departments, but that provision was removed before passage. The ICDR can now make recommendations and find jails “out of compliance,” but it cannot enforce those recommendations or compel the submission of records.
First Reports Expected in 2026
Following a doubling of its funding to nearly $5.4 million and authorization for up to 25 positions, the ICDR is now requesting updated information from all 58 California counties. The division hopes to publish its first public reports in the second quarter of 2026. While some agencies have shown “hesitancy to share sensitive information,” Sanford-Miller reports no outright “resistance” at this time.
Frequently Asked Questions
What is the purpose of the In-Custody Death Review Division?
The ICDR was established to review deaths that occur in local detention facilities, understand the circumstances surrounding those deaths, make recommendations to prevent future deaths, and share its findings to drive systematic change.
Why hasn’t the ICDR completed any reviews yet?
The ICDR has not completed any reviews because it has not received the necessary records from counties to fully analyze the deaths.
What changes were made to the law to address the initial limitations?
A trailer bill was passed clarifying that the ICDR’s director and employees have full, unredacted access to investigative records, including medical information.
As the ICDR begins to receive and analyze data, will it be able to identify trends and contribute to meaningful improvements in jail safety and accountability?
