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Police commission adopts new in‑custody deaths policy (DGO 8.12) with clarifications requested
Summary
The commission approved Department General Order 8.12 on in‑custody deaths after presentation by Management Control Division Sergeant Mike Nevin and OCC endorsement; commissioners requested clearer timing language, a clarification bulletin for involved officers and public availability of review board findings.
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San Francisco — The Police Commission voted to adopt a revised Department General Order 8.12 covering in‑custody deaths after a presentation by Sergeant Mike Nevin of the Management Control Division and supporting remarks from the Office of Citizen Complaints.
The order formalizes procedures for investigating deaths that occur while a person is in SFPD custody: a criminal investigation by the homicide detail, an administrative review (Management Control Division and OCC where a citizen complaint exists), convening a return‑to‑duty panel within five business days, and assigning involved officers to bureau headquarters for a minimum of 10 calendar days in administrative status (administrative only, not punitive). An in‑custody death review board will review cases and prepare a summary of findings and recommendations for the chief and the commission. Sergeant Nevin noted three editorial corrections for consistency with existing officer‑involved shooting protocol language (clarify "10 calendar days," change "within 5 days" to "within 5 business days," and remove an extra clause in a cross‑reference).
OCC representative Elise Nicholson said OCC is "very pleased" the draft DGO models in‑custody death review on the officer‑involved shooting protocol, includes investigative timelines, civilian oversight representation and public reporting elements. Commissioners pressed for clearer timing language where the draft used ‘‘as soon as practical’’; Sergeant Nevin and others agreed notification is intended to be immediate and staff agreed to clarify the text. Commissioners asked for a short clarifying bulletin explaining operational procedures for involved officers (administrative assignment, availability of behavioral health services, debriefing and how station or bureau assignment works in practice). Department leaders agreed to prepare that clarification and to ensure that the in‑custody death review board findings and the near‑term summaries would be made public.
Motion and roll call: Commissioner Thomas Mazzuco moved to adopt DGO 8.12 with the corrections noted at the meeting; Commissioner Petra de Jesus seconded. The roll call recorded at least three ayes and the motion passed. Commissioners then asked staff to ensure prompt public reporting and to return with any follow‑up procedural clarifications.
