- In-custody deaths, as defined by Penal Code § 10008
- Officer-involved deaths and deaths in pursuit
- Deaths involving personnel known to the local forensic pathologist
- Cases with prior professional or institutional relationships
- High-profile or politically sensitive cases
NAAG Forensic / Sheriff-Coroner Autopsy Service / AB 1108
AB 1108 Independent Autopsy Program
Independence, ready now.
AB 1108 takes effect January 1, 2027. In counties where the Sheriff also serves as Coroner, in-custody deaths and other conflict-of-interest deaths must be examined by an independent forensic medical provider. NAAG’s AB 1108 Independent Autopsy Program is ready now.
Medically reviewed by Evan W. Matshes, MD, FRCPC, D-ABP, Medical Director and Chief Forensic Pathologist · Updated
The law
Why AB 1108 changes everything.
California Assembly Bill 1108 changes how in-custody deaths must be handled in counties with a combined Sheriff-Coroner. When a conflict of interest exists, including any in-custody death as defined by Penal Code § 10008, the Sheriff-Coroner:
- May not perform the autopsy
- May not determine the cause or manner of death
- Must refer the case to another county’s medical examiner, or to a third-party independent forensic medical provider
Failure to comply exposes counties to legal challenge, exclusion of evidence, and loss of public trust.
Cases that call for independence
What does not change
AB 1108 does not require your county to restructure its coroner operations or give up investigative authority. It requires a separation of roles in specific cases. NAAG’s program is not an expansion of routine coroner services. It is a narrowly tailored compliance resource for high-scrutiny, conflict-of-interest deaths, designed to support that separation cleanly and transparently.
How it works
How the program works.
Conflict identified
An in-custody or conflict-of-interest death is identified under the terms of AB 1108 and Penal Code § 10008.
Referral initiated
The Sheriff-Coroner formally refers the case to NAAG, as an independent provider, through our secure online portal.
Independent examination
NAAG forensic pathologists perform the autopsy and independently determine the cause and manner of death.
Clear deliverables
You receive a complete forensic pathology report, including photographs, pathology, and toxicology testing, on a predictable timeline.
Why NAAG
Why NAAG.
NAAG Forensic has operated in California for more than ten years as a Department of Defense and law enforcement contractor. We are owned and operated by forensic pathologists.
Physicians
Board-certified forensic pathologists
Every examination is performed directly by a board-certified forensic pathologist held to national and international standards for death-in-custody and death-in-pursuit investigations.
High risk
Built for high-risk investigations
CJIS compliance, secure evidence handling, professional forensic photography, and forensic radiology integration, including postmortem CT scanning.
On demand
On-demand service
Seven-day-a-week service at one of our two laboratories (Fresno or San Diego), or scheduled service at your facility.
Timeline
Reports closed in 1 to 60 days
No report is finalized in more than 60 days. Depending on the case, the report may be closed the same day as the examination.
Scrutiny
Ready for scrutiny
Our model is built to seek the truth and face the facts. Rigid standards and formal peer review prepare every case for courtroom and public scrutiny.
Documentation
Courtroom-defensible documentation
Predictable workflows and complete documentation from referral through final report, with testimony available when needed.
Service levels
Four levels of examination.
Every level includes review of the investigative and medical records, the examination, the determination of circumstances, cause and manner of death, and the written report. Histology, radiology and CT, forensic photography, laboratory coordination and evidence handling are included wherever the case requires them.
Level 1
External examination
Examination of the external aspects of the decedent, forensic photography and the written report. Toxicology is not ordinarily indicated at this level.
Level 2
Standard autopsy
Full external and internal examination with forensic photography, toxicology and the written report. For example: a natural in-custody death, or an overdose with a straightforward history.
Level 3
Complex autopsy
The standard autopsy plus every pathology laboratory test the case pathologist considers necessary. For example: a delayed death after restraint, or a death complicated by hospitalization or surgery.
Level 4
Criminally suspicious death
The complex autopsy plus formal peer review by a second board-certified forensic pathologist.
Toxicology is included.
Toxicology is inside the standard, complex and criminally suspicious levels. It is not a pass-through and is never billed afterwards: no in-custody case ever returns a supplementary toxicology invoice.
Two ways to work with us.
Recommended
At a NAAG laboratory
Fresno or San Diego, seven days a week. Your office may transport the decedent, or we collect and return the decedent at no additional charge. The county retains custody of the remains and responsibility for their release throughout.
On site
At your county facility
A board-certified forensic pathologist and our own forensic autopsy technicians travel to you, on the same per-case terms, subject to a daily minimum.
Two things to know before you sign.
§ 27491.56(d)(2)
The statute limits what else we may do for you
A private provider holding an annual AB 1108 agreement with a county may not, during that term, examine that county’s deaths that are not in-custody deaths. If your office sends us routine coroner cases today, we will set out the options before anything is signed.
§ 27491.56(d)(1)
The agreement is annual, and the Board enters it
Our MOU is drafted to serve as that annual agreement: calendar year, non-exclusive, no minimum referral obligation, and terminable by either party on thirty days’ notice.
Fee schedule and MOU on request
We send the 2027 AB 1108 fee schedule and draft MOU directly to sheriff-coroners, County Counsel and Boards of Supervisors. Rates are guaranteed for the full term of the agreement.
Questions
Frequently asked questions.
When does AB 1108 take effect?
January 1, 2027.
Which counties does it affect?
Counties where the Sheriff also serves as Coroner. In conflict-of-interest cases, including in-custody deaths as defined by Penal Code § 10008, the autopsy and the cause-and-manner determination must be made by someone independent of the Sheriff-Coroner’s office.
Do we lose control of the investigation?
No. Your office keeps its investigative authority. NAAG performs the autopsy and independently determines the cause and manner of death; the separation applies only to those roles, in the cases the law defines.
Do we need to restructure our coroner operations?
No. NAAG’s program is used only for AB 1108 and other conflict-of-interest cases. Your routine coroner work continues as it does today.
How do we refer a case?
The Sheriff-Coroner formally refers the case to NAAG through our secure online portal. Call 1-800-985-5346 for help with portal access or a referral.
Where is the examination performed?
At our Fresno or San Diego laboratory, seven days a week, or at your facility on a scheduled basis.
How fast will we get the report?
Every report is finalized within 60 days, and some are closed the same day as the examination.
Is toxicology included?
Yes, for standard, complex, and criminally suspicious autopsies. External examinations do not include toxicology.
Can NAAG use postmortem CT?
Yes. Forensic radiology, including postmortem CT scanning, is integrated into our service.
Will the pathologist testify?
Yes. Testimony, depositions, and travel are billed separately at NAAG agency rates.
Can you brief our County Counsel or Board of Supervisors?
Yes. We can answer questions, discuss implementation, and provide materials tailored to your county’s structure and expected case volume. This page is not legal advice; please confirm your county’s obligations with County Counsel.
Contact
Talk to us about your county.
Call or email to discuss contract services, AB 1108 readiness, specimen consultations or a second autopsy review.
Phone1-800-985-5346
Agenciescoroner@naagforensic.com
Specimensadmin@naagforensic.com
OfficeNAAG Forensic PC
6335 Ferris Square, Suite C, San Diego, CA 92121
6335 Ferris Square, Suite C, San Diego, CA 92121