The bill is structured to address potential conflicts of interest arising in situations where law enforcement is involved. By mandating that independent parties conduct investigations into in-custody deaths, AB 1108 seeks to foster public trust in the accountability of law enforcement agencies. This is especially significant as a substantial number of California's counties have combined sheriff and coroner offices, creating vulnerabilities in impartial death investigations. Changes introduced by this legislation affect how autopsies are conducted and by whom, establishing new procedures that counties must adopt by January 1, 2027.
Summary
Assembly Bill 1108, known as the Forensic Accountability, Custodial Transparency, and Safety (FACTS) Act of 2025, aims to enhance the integrity of forensic examinations related to in-custody deaths in California. The bill stipulates that when the offices of the sheriff and coroner are combined in a county, the sheriff-coroner will be prohibited from determining the cause and manner of death for in-custody cases. Instead, these duties will be transferred to independent coroners or medical examiners from other counties or to separate third-party medical examination providers, ensuring a level of detachment from the sheriff's office to promote impartiality in investigations.
Sentiment
The reception of AB 1108 has been predominantly positive amongst supporters who view it as a necessary reform for maintaining accountability in law enforcement. Advocates argue that the changes represent a critical step toward addressing systemic issues related to transparency in investigations of officer-involved deaths. However, concerns have been expressed regarding the logistical implications for counties that may face challenges in aligning with the new requirements, especially those that currently operate with combined offices. Overall, discussions surrounding the bill highlight an urgent need for fair practices in forensic examinations amidst rising scrutiny of law enforcement actions.
Contention
Notable points of contention surrounding AB 1108 involve apprehensions from some county officials about the costs and administrative overhead associated with implementing the new requirements. Questions have also been raised regarding the capacity of independent examining bodies to handle increased workloads, particularly in jurisdictions with high incarceration rates. Legislative discussions recognize the importance of these considerations while emphasizing the necessity of preserving the integrity and independence of the investigatory process for in-custody deaths, which are particularly sensitive given their implications for civil rights and community relations.