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CY 09 Inmate Death and Advance Directives

Last modified by superadmin on 2021/04/13 16:57

Washington County Sheriff's Office

CORRECTIONS DIVISION

Policy Manual

Volume: CY

Contingency Management

Chapter: 09

Inmate Death and Advance Directives

Replaces and/or Supersedes:

CY 06 11/20/2009

Published:

05/13/2013

Review Date:

04/13/2021

Sheriff Cory C. Pulsipher

Chief Deputy Jake Schultz

TABLE OF CONTENTS

CY 09_101  Definitions

CY 09_102  References

CY 09_103  Inmate Death

CY 09_104  Advance Directives

CY 09_105  Notification

CY 09_106  Disposition of Body

CY 09_107  Disposition of Property

CY 09_101  DEFINITIONS

WCSO:  Washington County Sheriff's Office

PCF:  Purgatory Correctional Facility

CY 09_102  REFERENCES

  1. Immigration and Customs Enforcement Standards:
    1. 2000-21
  2. Utah Code:
    1. 26-4-7
    2. 26-4-25
    3. 64-13-15
    4. 75-2-105
    5. 75-3-1201
    6. 75-3-1202
  3. Utah Counties Insurance Pool:
    1. ML-V.A.7
  4. Utah Sheriff's Association Jail Standards:
    1. H01.01.02:  Content: Administration of Health Care
    2. H01.02.05:  In-Custody Death Notification

CY 09_103  INMATE DEATH

  1. Policy:
    1. An external investigation by a non-WCSO agency (Hurricane City Police Department and/or the Washington County Critical Incident Task Force) of the death of an inmate should be initiated.
    2. A separate internal investigation by the WCSO may be conducted while the external investigation is still ongoing. Internal investigators shall not interfere with the external investigation. Self-incriminating information obtained by internal investigators shall not be shared with external investigators if Miranda law would render the information inadmissible in criminal proceedings or if the information is protected by Garrity law.
    3. PCF staff should give the Hurricane City Police Department and/or the Washington County Critical Incident Task Force cooperation and access to PCF in relation to an investigation of an inmate's death. PCF staff should protect areas associated with an inmate death from being disturbed beyond that which is necessary. Staff members who have information relevant to the investigation should:
      1. Complete a report documenting their observations and relevant information; and
      2. Make themselves available to speak with investigators when requested.
    4. While the investigation is in progress, as far as practicable, no person should be permitted access to the death scene areas without permission from the Hurricane City Police Department investigators and the Washington County Critical Incident Task Force.
    5. Evidence should be secured and processed by the investigator in charge of the scene.
    6. If it is necessary to remove an item of evidence from the death scene prior to the arrival of the Hurricane City Police Department or Washington County Critical Incident Task Force, it should be documented, photographed, and logged into evidence to maintain its chain of custody.
    7. After debriefing involved inmates to acquire sufficient information, PCF staff should separate and isolate any inmates who witnessed the death or who have information relevant to the investigation.
  2. Rationale:
    1. An inmate death may be the result of criminal activity. An investigation of an inmate death should be made in order to determine if the death was the result of a criminal act.
    2. An inmate death may result in litigation. An investigation of an inmate death will provide information necessary to prepare for potential litigation.
    3. An external investigation of an inmate's death may be considered more credible.
    4. The interference or sharing of information by internal investigators could compromise the integrity of an external investigation.

CY 09_104  ADVANCE DIRECTIVES

  1. Policy:
    1. Proper and legally created Advance Directives should be followed if they have been timely given to the WCSO.
    2. Advance Directives should be reviewed with the Washington County Attorney's Office.
  2. Rationale:
    1. Compliance with Advance Directives may be required by law.
    2. Legal counsel should be obtained in order to minimize liability.

CY 09_105  NOTIFICATION

  1. Policy:
    1. Upon discovery of an inmate's death, staff should immediately notify the:
      1. On-duty supervisor;
      2. Branch lieutenant;
      3. Corrections Chief Deputy;
      4. Hurricane City Police Department; and
      5. Contracting agency (if applicable).
    2. The Corrections Chief Deputy (or designee) should notify the:
      1. Undersheriff;
      2. Sheriff;
      3. Washington County Critical Incident Task Force (if not already dispatched);
      4. Medical examiner's office;
      5. Washington County Attorney's office;
      6. Next of kin (see below); and
      7. Consulate authorities (if applicable).
    3. In the event of an inmate's death, the next of kin should be notified. However, if the inmate provided at admission the name of a non-family member for emergency notification, this person should be notified instead.
    4. If the inmate failed to list a person to be notified in the event of an emergency, staff should check the inmate's visiting records, telephone records, and personal mail in order to discover potential next of kin for notification.
    5. The Corrections Chief Deputy should determine which next of kin to notify. It is necessary to notify only one next of kin or other representative.
    6. Notification should be timely.
    7. The Corrections Chief Deputy should make the notification to the next of kin (or emergency contact). When contact is made, the person contacted should be:
      1. Notified of the death of the inmate; and
      2. Informed that the body is in the possession of the medical examiner.
      3. Notification events, including attempts, should be documented in the jail computer system.
  2. Rationale:
    1. Family members have a substantial interest in the health, safety, and welfare of close relatives who are incarcerated. Notification is also necessary to permit funeral and other arrangements to be made.
    2. Notification to a medical examiner is required by law in cases involving an inmate death.

CY 09_106  DISPOSITION OF BODY

  1. Policy:
    1. Regardless of the circumstances associated with death, the bodies of all deceased inmates shall be released to the medical examiner's office for a post-mortem examination. This release shall be conducted as soon as possible after an inmate has been pronounced dead and investigators have completed the phase of the investigation which prevents movement of the inmate's body. The investigating agency should request a copy of the examination findings.
    2. When the inmate's body is released to the medical examiner, the Washington County Critical Incident Task Force investigators should:
      1. Document the date and time of the transfer of custody and the name of the medical examiner receiving custody;
      2. Obtain a receipt signed by the medical examiner accepting custody; and
      3. Provide the medical examiner with information to assist in the preparation of a death certificate and vital statistics including, but not limited to:
        1. The inmate's personal information and pertinent medical records;
        2. Investigative reports;
        3. Details relevant to the death; and
        4. The presence of known communicable diseases in the body.
    3. After the medical examiner has concluded the examination, issued a death certificate, and authorized release of the body, the investigating agency should contact the Washington County Attorney’s Office and assigned investigators to determine if cremation of the remains could result in the destruction of evidence. The Washington County Attorney's Office and assigned investigators should make that determination and provide documentation specifying whether the inmate's body may be cremated or shall be preserved and interred intact. The inmate's body may be released after the evidentiary issue has been determined by the County Attorney’s Office and assigned investigators.
    4. The body should be released to the next of kin if possible. The next of kin, or other representative, should be notified to contact the medical examiner in order to transfer the body. The next of kin, or other representative, will then be responsible for making funeral arrangements and for the associated costs.
    5. If next of kin cannot be located, Washington County shall be responsible for body cremation or burial, unless the body is requested by the college of medicine of the University of Utah (reference Utah Code 26-4-25).
    6. If a next of kin representative cannot be found or is unwilling to assume responsibility and the college of medicine of the University of Utah has not requested the body, the remains should be attended to by a mortuary selected by Washington County:
    7. The Corrections Chief Deputy should notify the Washington County Attorney's Office that the county will have to assume the responsibility and cost of the deceased inmate's cremation or burial.
    8. Unless otherwise directed by the Attorney General's Office, the Corrections Chief Deputy should make arrangements for disposition of the remains if:
      1. The inmate did not name a family member or other representative and no person could be located to claim the remains;
      2. After a reasonable effort, the Corrections Chief Deputy is unable to make contact with the applicable representative;
      3. After notification, the remains are unclaimed for five working days after transfer of custody from the medical examiner is authorized.
    9. Failure to locate a person to claim the remains should be documented.
    10. The Corrections Chief Deputy should refer any disputes concerning disposition of the body to the Washington County Attorney for resolution. For contract inmates, disputes should be referred to the contracting agency for resolution.

CY 09_107  DISPOSITION OF PROPERTY

  1. Policy:
    1. The personal property of the deceased inmate should remain in the custody of PCF for a minimum of thirty days. After thirty days, the inmate's personal property should be released in accordance with the laws of the State of Utah (UCA 75-3-1201 and 1202). Reference policy: AG 01 Evidence and Property Handling.
    2. Personal property that is not claimed within one year of death becomes the property of the State of Utah (reference: UCA 64-13-15 and 75-2-105).
  2. Rationale:
    1. Disposition of property is regulated by law.