Stopping the deaths

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News Date
12/13/24
Description

Over the last few years, I’ve worked with the community, my colleagues on the Board, and the San Diego County Sheriff to add more mental health services and staffing to reduce jail deaths.

But while resources are important, so is oversight. There remains an alarming trend of people dying in our jails, and no one had the power to thoroughly  investigate this – until now. 

This week I voted to approve a proposal spearheaded by Supervisor Monica Montgomery Steppe to give the Citizens Law Enforcement Review Board (CLERB) stronger powers to get to the bottom of jail deaths, so we can figure out why so many people in the custody of the County are dying. 

Troubling Trend of San Diegans Dying

Of all the counties in California, San Diego County had the highest rate of in-custody deaths between 2006 to 2020, according to a 2022 California State Auditor’s report.

Tragically, the vast majority of the people dying in our jails have not even been convicted of a crime at all — they are just being held in jail before trial because they are too poor to make bail. Their poverty became a death sentence. 

The good news is that the number of these deaths in 2024 appear to be significantly lower, thanks to work by Sheriff Kelly Martinez and recent changes to state law. 

But even though we’re moving in the right direction, even one death is too many, and we need to get to the bottom of why these tragedies continue to occur. 

What’s CLERB, and What Did We Change?

Back in 1990, San Diego County voters approved the establishment of the Citizens Law Enforcement Review Board. CLERB was charged with independently investigating complaints against officers employed by the Sheriff’s Office and Probation Department. 

In 2022 the State Auditor highlighted some major shortcomings of the body: while CLERB had the authority to investigate sworn officers, it lacked authority to investigate misconduct of all the other non-officers in our jails, specifically the workers and contractors providing medical care; CLERB often failed to pursue investigations of “natural” deaths, creating a giant oversight loophole; and cases could get closed due to stonewalling that ran-out the clock.

This week we took a big step to tackle these problems. I joined my colleagues on the board to give CLERB new duties and powers to:

  • Expand investigatory jurisdiction in cases of in-custody deaths to include the ability to investigate any employee or contractor working under the direction of the Sheriff or Probation, including contracted health care providers

  • Implement reporting requirements as an accountability mechanism to ensure that CLERB completes investigations within one year of when it discovers allegations of misconduct

  • Require CLERB to prioritize cases involving death

  • Require CLERB to investigate all in-custody deaths including “natural” deaths

  • Permit CLERB to reopen closed cases if it’s consistent with Government Code § 3304(g), under which there are exceptions to the default one-year investigatory limit

In addition to acknowledging the leadership by my colleague Supervisor Montgomery Steppe, I want to thank the review board for its work – both what they have done so far, and what’s to come; in particular, its chair, MaryAnne Pintar, its executive officer, Brett Kalina, and its previous executive officer, Paul Parker. I also appreciate the changes Sheriff Martinez has implemented since taking the reins last year. 

This is an important step to foster trust and invest in accountability in our oversight systems. Everyone in our region, even people in jail, deserve safety and justice. The County must keep doing a better job of taking care of people who are in its custody. 

In Service,

Terra