SANTA BARBARA, Calif.—Wednesday, local Assemblyman Gregg Hart announced the passage of the FACTS Act, which stands for “Forensic Accountability, Custodial Transparency, and Safety.” “Together, I think we've made a really important step forward in ensuring transparency and justice in California,” said Gregg Hart.
In most counties in the state including Santa Barbara and SLO counties, coroner's offices led by the County Sheriff are responsible for investigating in-custody deaths. Advocates of the new law says this creates a conflict of interest, and independent medical investigations will make inmates safer. “The cause and manner of death will be determined by experts, bound by the facts, and not by a penal institution. No family should have to worry that the same agency potentially responsible for a person's death is also controlling the investigation,” said Public Defender Lea Villegas.
Villegas says as a public defender she sees the humans behind the headlines. “Many of our clients struggle with mental illness, substance use disorders, challenges associated with poverty,” said Villegas. Santa Barbara County’s recent grand jury report on in-custody deaths was revealing. “One of the deaths— the concern was that there was insufficient mental health observation, and a second death— insufficient medical care. And the third— it was an issue of intake and just communication. These are very three very different reasons that contributed to these preventable deaths,” said Villegas. A study conducted by USC shows California counties overseen by a coroner who is also a sheriff underreport officer- involved deaths. “Even if these investigations are carried out with fidelity and integrity—which many of them are—the public still is left with a level of distrust,” said Assemblyman Hart’s District Director Ethan Bertrand.
Hart credits Bertrand to helping move the needle forward on this piece of legislation. “We have clients who come into the system with diabetes, with heart conditions, with substance use disorders. And when those conditions are not treated, those temporary jail sentences could become a death sentence,” said Villegas. In light of the recent immigration raids, the bill was amended to apply to any deaths of those arrested or detained by federal immigration authorities in cases that fall under county jurisdiction. The new law takes effect January 1st of 2027.
Santa Barbara “locks in” to prison reform, praises FACTS Act for requiring independent investigations into deaths in jails, prisons, and law enforcement custody News Channel 3-12.
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