AGENCY TESTIMONY
Concerns with Intro 423 on death notification and reporting
1:04:46
·
3 min
Deputy Commissioner Torres expresses significant concerns with Intro 423, which proposes to establish new procedures for death notifications and reporting in custody. She outlines several issues with the bill's requirements and potential consequences.
- The bill's mandatory timeframes for notifications are deemed unrealistic
- Concerns about public reporting of protected health information
- Potential interference with ongoing investigations
- Risk of harm to DOC and CHS staff from premature publication of names
- Inability to track and report on compassionate releases due to medical conditions
Francis Torres
1:04:46
Turning to the proposed legislation in Pro 423 would establish procedures following the death of an individual in custody, including public notifications and reporting related to the incident.
1:05:03
As well as reports related to staff misconduct and compassionate releases.
1:05:10
The department has significant concerns with this bill.
1:05:14
Intro 423 creates several mandatory train time frames for making notifications and requires public reporting on details of a death in custody that do not align with underground realities.
1:05:30
Best practices or do process.
1:05:35
1st, the time frames for notification do not allow the department enough time in all cases to contact the next the next of king and make a compassionate notification.
1:05:48
2nd, the public reporting required of the board following a death in custody would require the publication of protected health information without taking into consideration the wishes of the deceased or their families, and in violation of health privacy laws.
1:06:09
Further, intro 423 would require the board to publish specific details related to incidents prior to the completion of investigations by other investigated bodies.
1:06:24
This would interfere with ongoing investigations and may adversely affect the outcome of proceedings related to those investigations.
1:06:35
The requirement for the board to publish the names of DOC and CHS staff that it determines where, quote, involve in the circumstances that contributed to, and of, quote, deaths may put individuals who work in the jails at great risk of harm from retaliation and would deprive those employees of their due process rights and other legal protections.
1:07:05
This would undeniably affect morale and contribute to even greater challenges in recruiting, and maintaining staff to do this vital work for our city.
1:07:17
Finally, the department is unable to track or subsequently report on individuals' release from custody due to medical conditions.
1:07:27
Or what are known as compassionate releases.
1:07:32
This is because the department does not advocate for the release of individuals in custody on medical grounds.
1:07:39
In addition, individuals may be released at the discretion of a judge for a variety of reasons, included on the basis of a medical condition, and DOC is not informed of the basis for release as ordered by a judge.
1:07:58
Individuals who are discharged following a request for release based on a medical condition are typically released on their own recognizance and recorded as such.
