DEATHS IN CUSTODY IN CALIFORNIA A Thesis Presented to the faculty of the Division of Criminal Justice California State University, Sacramento Submitted in partial satisfaction of the requirements for the degree of MASTER OF SCIENCE in Criminal Justice by Andrea Gutierrez SPRING 2018 © 2018 Andrea Gutierrez ALL RIGHTS RESERVED ii DEATHS IN CUSTODY IN CALIFORNIA A Thesis by Andrea Gutierrez Approved by: __________________________________, Committee Chair Tim Croisdale, Ph.D. __________________________________, Second Reader Kim Schnurbush, Ph.D. ____________________________ Date iii Student: Andrea Gutierrez I certify that this student has met the requirements for format contained in the University format manual, and that this thesis is suitable for shelving in the Library and credit is to be awarded for the thesis. __________________________, Graduate Coordinator ___________________ Sue C. Escobar, J.D., Ph.D. Date Division of Criminal Justice iv Abstract of DEATHS IN CUSTODY IN CALIFORNIA by Andrea Gutierrez Deaths in custody are increasing every year in the United States. Few studies have thoroughly researched the effects national and state laws have on deaths in custody. This study evaluated the different categories of the deaths in custody reports submitted to the United States General Attorney in California. The following study compared 16,101 female and male deaths in custody between 1980 through 2015 in California to understand the causes of deaths in custody. Using a series of tables and figures to illustrate the different categories, the study found whites are more likely to die from a natural cause in California. _______________________, Committee Chair Tim Croisdale, Ph.D. _______________________ Date v ACKNOWLEDGEMENTS These past three years in Sacramento have helped me become a stronger woman. Saying “thank you” is not enough for my loved ones who have been by my side as I go through this journey. I want to first thank my family for the endless support and encouragement through my journey. I always joke that I have the strictest parents, but their strictness has helped me achieve all my goals. Thank you to my mom and dad who have always pushed me to never give up and to pursue what I want. My parents never limited my goals and dreams, and I will be forever grateful for their continuous support. To my four brothers who always tested my patience, but somehow kept me motivated to become a sister they will be proud of. Thank you, I love you all. Thank you to all my friends who supported me to finish this thesis, because they know my passion for education. I have made lasting friendships while being in Sacramento. Moreover, thank you to the Criminal Justice faculty who have helped me achieve my full potential through this Master’s program. I am so honored to have met all the wonderful faculty and staff that have supported my goals. Thank you to Dr. Croisdale for helping me perfect this thesis. Thank you to Dr. Schnurbush for encouraging me to never give up on my goals, and always having a cheerful smile. Thank you both for helping me finish this thesis before my career started! It truly is a blessing to have the support and love from family and friends throughout this journey, and future journeys that life has in store. Thank you all, from the bottom of my heart for the unconditional support I have received. vi TABLE OF CONTENTS Page Acknowledgments ................................................................................................................. vi List of Tables ....................................................................................................................... viii List of Figures ........................................................................................................................ ix Chapter 1. INTRODUCTION ............................................................................................................. 1 Statement of Problem ............................................................................................... 5 Purpose of the Study ................................................................................................. 5 Hypothesis .................................................................................................................. 7 Terms and Definitions ............................................................................................... 8 Organization of the Study ......................................................................................... 9 2. LITERATURE REVIEW .............................................................................................. 10 Deaths in Custody ................................................................................................... 11 Health Care in Prisons and Jails ........................................................................... 18 Mental Health of Inmates ........................................................................................ 24 Suicides in Prisons and Jails ................................................................................... 32 Law Enforcement Training and Use of Force ...................................................... 38 3. METHODOLOGY ......................................................................................................... 42 Scopes and Limitations ........................................................................................... 45 4. DATA ANALYSIS ......................................................................................................... 47 Deaths Occurring between 1980-2015 .................................................................. 47 vii Race of Deaths in Custody ...................................................................................... 49 Deaths in Custody by California County .............................................................. 51 Reporting Agency .................................................................................................... 54 Manner of Death in Custody .................................................................................. 55 Means of Death in Custody .................................................................................... 56 5. CONCLUSION ............................................................................................................... 59 Implications for Future Research ........................................................................... 61 References .............................................................................................................................. 64 viii LIST OF TABLES Tables Page 1. Race and Ethnicity of Deaths in Custody.……….………………………………. 50 2. Deaths in Custody by California County ................................................................ 52 3. Deaths in Custody by California Agency.…….…………………………………. 55 4. Manner of Death in Custody………………….……… . …………………………. 56 5. Means of Deaths in Custody ..................................................................................... 57 ix LIST OF FIGURES Figures Page 1. Deaths in Custody in California between 1980-2015……………………………. 49 x Chapter 1 Introduction Typically, civilians do not think about inmates, especially the inmates that die while in custody. Deaths in custody are a reality, but many do not bat an eye when a death takes place in a jail cell. In 1961, California State Senator Grunsky referred an Act to add section 12525 to the Government Code (Reuter, 2018). California’s Government Code Section 12525 mandates that any deaths occurring while in the custody of law enforcement be reported to the Attorney General within 10 days, and these reports must include the determined cause of death. The reports are submitted annually and are available to the general public. The importance of the annual reports is that they aid in informing the public as well as researchers about the causes of deaths in custody. In 2013, United States Congress passed the Death in Custody Reporting Act that requires all states to report any death in custody to the United States Attorney General. The reports help increase the safety of both law enforcement officers and inmates. Deaths caused by excessive use of force can be reduced by educating officers on the main causes of death among individuals while in custody. Additionally, the reports bring awareness to the number of inmate deaths that occur every year while in custody. In April 2015, California Government Code Section 12525 was amended by Assembly Bill 619. That bill changed the title of the government code to Reports: Uses of force and deaths in law enforcement custody by Weber (2015), which defines custody to include when a person’s freedom is curtailed or limited by any law enforcement official. 2 The amendment defines the use of force as force that results in the contribution to medical treatment or hospitalization. Suspects detained by law enforcement officials should not need medical attention due to use of force by arresting officers. It is important to note how the use of force was added to California Government Code 12525. This change could have possibly come from researchers realizing the excessive use of force law enforcement officers are using when arresting suspects. Since 2003, data collected as deaths in custody show increases due to the police use of force (Flosi, 2011). From 2003 to 2005, the National Institute of Justice reported 1,095 deaths in custody due to law enforcement use of force across the United States (Flosi,