SANTA BARBARA, CA – Today, Assemblymember Gregg Hart (D-Santa Barbara) held a press conference announcing Governor Newsom's signature of AB 1108, the Forensic Accountability, Custodial Transparency, and Safety (FACTS) Act of 2025. Beginning in January 2027, this new law authored by Assemblymember Gregg Hart will require independent medical investigations into all deaths occurring in county jails, state prisons, and law enforcement custody -- including immigrant detention deaths occurring in the jurisdiction of a county coroner.
California is one of only three states in the nation that allow elected sheriffs to simultaneously serve as coroners. In 48 counties across California, elected sheriffs are tasked with investigating all suspicious and unattended deaths — including deaths that occur in their custody. In the aftermath of a death in a jail, the same officials responsible for keeping incarcerated individuals safe can be tasked with conducting death investigations and medical examinations.
"AB 1108 will promote trust and transparency, ensuring that medical doctors can independently determine the FACTS when someone dies in custody," said Assemblymember Hart. "This law will improve the process for all parties involved, ensuring fairness and justice. The State of California and our partners in local government must also continue to do more to prevent these deaths in the first place, especially by better serving people with serious mental health challenges who end up in our jails."
Assemblymember Hart was joined at the press conference by Supervisor Laura Capps, Supervisor Joan Hartmann, Assistant Public Defender Lea Villegas, Immigrant Legal Defense Center Executive Director Julissa Peña, former Civil Grand Jury foreperson Dale Kunkel, staff from Senator Monique Limón's office, and a coalition of community supporters.
"With this legislation, when someone dies in government custody, an independent medical examiner, outside the sheriff's chain of command, will determine how and why that person died," said Lea Villegas, Assistant Public Defender for the County of Santa Barbara. "This law gives families a chance at objective answers, and it gives our community confidence that every life in custody is valued and that every loss will be dignified by an objective examination of the facts leading up to that tragedy."
This legislation acted on information from a 2024 Santa Barbara County Grand Jury report that identified real and perceived conflicts of interest in the investigation of multiple deaths that occurred at the Santa Barbara County Jail.
To implement this bill, counties with a combined sheriff-coroner office must either refer these cases out to one of the ten counties with an independent medical examiner's office (such as the County of Ventura or many of the largest counties in California) or refer these cases to an independent medical doctor selected by the Board of Supervisors – not the Sheriff.
781 in-custody deaths occurred throughout California in 2023. Beginning in 2027, there will no longer be a two-tier system for investigating these cases based on whether a county has a combined sheriff-coroner office or an independent medical examiner's office. California will have a uniform standard for medical independence and transparency in the investigation of these deaths.
As Chair of the Budget Subcommittee No. 7 on Accountability and Oversight, Assemblymember Hart is focused on strengthening trust in our public institutions. AB 1108 builds on this commitment by ensuring that investigations into in-custody deaths are free from bias or undue influence. This legislation – passed with bipartisan support – reflects the consensus that independent review is essential for promoting justice and public confidence.
A recording of the press conference can be viewed here: https://www.youtube.com/live/0hezilYLXwI?si=oruQdNgBEjssgvzm.
Gregg Hart represents the California Assembly's 37th Assembly District, which includes Santa Barbara, Goleta, Carpinteria, Montecito, Summerland, Buellton, Solvang, Lompoc, Guadalupe, Santa Maria, Orcutt, and Nipomo. He currently serves as the Chair of the Budget Subcommittee No. 7 on Accountability & Oversight and the Select Committee on the Nonprofit Sector.
CONTACT: Ethan Bertrand – ethan.bertrand@asm.ca.gov