To: Sonoma County Board of Supervisors
Department or Agency Name(s): Sonoma County Sheriff’s Office
Staff Name and Phone Number: Sadie Benson, 707-565-3922
Vote Requirement: Majority
Supervisorial District(s): Countywide
Title:
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Agreement for In-Custody Death Forensic Pathology Services as required by Government Code Section §27491.56
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Recommended Action:
Recommended action
The Sheriff’s Office requests Board authorization to select Forensic Pathology Services, LLC (FPS) as the County’s independent third-party medical examination provider, as required under Government Code Section §27491.56, and requests authorization for the Sheriff to execute an agreement with FPS for these services for the term of January 1, 2027 - December 31, 2029, with the option to extend for two additional one-year terms for a total not to exceed contract cost of $75,000 per year.
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Executive Summary:
California Government Code Section (GC) 27491 requires the Coroner to investigate and determine the circumstances, manner, and cause of certain deaths occurring within Sonoma County. Assembly Bill 1108, the Forensic Accountability, Custodial Transparency, and Safety (FACTS) Act of 2025, added GC 27491.56, which, beginning January 1, 2027, requires counties with combined Sheriff-Coroner offices to utilize an independent coroner, medical examiner, or qualified third-party medical examination provider to determine the circumstances, manner, and cause of in-custody deaths. If approved, the proposed agreement will establish the independent medical examination service necessary for the Sheriff’s Office to comply with this requirement. GC 27491.56 requires that the Board select the service provider and approve this agreement.
Discussion:
Assembly Bill 1108 recognizes a conflict of interest when a Sheriff-Coroner determines the circumstances, manner, and cause of an in-custody death, as defined in Penal Code section 10008.
Under GC 27491.56, when such a conflict exists, the Sheriff-Coroner may not perform the autopsy or make those determinations. Instead, the County must utilize either another county or state agency that has established an Office of Medical Examiner pursuant to GC 24010, or an independent third-party medical examination team meeting the physician qualification requirements of that section. The selected provider must operate separately and independently from the Sheriff-Coroner and exercise independent professional judgment in conducting the examination and making the required determinations.
To implement the requirements of GC 27491.56, the Sheriff’s Office is requesting that the Board of Supervisors select Forensic Pathology Services, LLC (FPS) as the County’s independent third-party medical examination provider and authorize the Sheriff to execute an agreement with FPS for these services.
FPS was selected because there are no neighboring counties with an independent Coroner or Medical Examiner’s Office, and FPS is the only available provider with whom the Sheriff’s Office does not currently contract for forensic pathology services related to death investigations. Additionally, Marin County currently contracts with FPS and has agreed to make its facility available for autopsies performed on behalf of Sonoma County. FPS has agreed to provide services to Sonoma County at the same contracted rate currently provided to Marin County.
Under the proposed agreement, FPS will perform autopsies and provide independent forensic pathology services for qualifying in-custody deaths in accordance with GC 27491.56. FPS will exercise independent professional judgment in conducting these examinations and making the required determinations. The Sheriff’s is requesting authorization to execute the Agreement and related amendments.
The Board’s approval of the proposed FPS agreement will establish the independent medical examination services necessary for the County to comply with GC 27491.56.
Strategic Plan:
N/A
Racial Equity:
Was this item identified as an opportunity to apply the Racial Equity Toolkit?
No
Prior Board Actions:
None
Fiscal Summary
|
Expenditures |
FY26-27 Adopted |
FY27-28 Projected |
FY28-29 Projected |
|
Budgeted Expenses |
$75,000 |
$75,000 |
$75,000 |
|
Additional Appropriation Requested |
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Total Expenditures |
$75,000 |
$75,000 |
$75,000 |
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Funding Sources |
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General Fund/WA GF |
$75,000 |
$75,000 |
$75,000 |
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State/Federal |
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Fees/Other |
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Use of Fund Balance |
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General Fund Contingencies |
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Total Sources |
$75,000 |
$75,000 |
$75,000 |
Narrative Explanation of Fiscal Impacts:
Forensic pathology services are an ongoing Sheriff’s Office operating expense. However, the requirement to utilize an independent medical examination provider for qualifying in-custody deaths is new. Because forensic pathology services for these cases are currently performed by another service provider, the additional fiscal impact associated with this requirement is anticipated to be paid for with the Sheriff‘s Office existing appropriations for autopsy and medical exams services, already included in the Sheriff’s Office adopted budget. No new General Fund appropriations are requested with this action.
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Staffing Impacts: |
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Position Title (Payroll Classification) |
Monthly Salary Range (A-I Step) |
Additions (Number) |
Deletions (Number) |
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Narrative Explanation of Staffing Impacts (If Required):
There are no staffing impacts associated with this Agreement.
Attachments:
Agreement for In-Custody Death Forensic Pathology Services
Related Items “On File” with the Clerk of the Board:
N/A