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Version 2.1 by Ryan Larkin on 2019/05/15 15:14
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1 **Washington County Sheriff's Office**
2
3 **CORRECTIONS DIVISION**
4
5 Policy Manual
6
7
8 Volume: CY
9
10 Contingency Management
11
12 Chapter: 09
13
14 Inmate Death and Advance Directives
15
16
17 Replaces and/or Supersedes:
18
19 CY 06 11/20/2009
20
21 Published:
22
23 05/13/2013
24
25 Review Date:
26
27 05/15/2019
28
29
30 Sheriff Cory C. Pulsipher
31
32 Chief Deputy Jake Schultz
33
34
35 **__TABLE OF CONTENTS__**
36
37 CY 09_101 Definitions
38
39 CY 09_102 References
40
41 CY 09_103 Inmate Death
42
43 CY 09_104 Advance Directives
44
45 CY 09_105 Notification
46
47 CY 09_106 Disposition of Body
48
49 CY 09_107 Disposition of Property
50
51
52 **CY 09_101 __DEFINITIONS__**
53
54 WCSO: Washington County Sheriff's Office
55
56 PCF: Purgatory Correctional Facility
57
58
59 **CY 09_102 __REFERENCES__**
60
61 1. Immigration and Customs Enforcement Standards:
62 11. 2000-21
63 1. Utah Code:
64 11. 26-4-7
65 11. 26-4-25
66 11. 64-13-15
67 11. 75-2-105
68 11. 75-3-1201
69 11. 75-3-1202
70 1. Utah Counties Insurance Pool:
71 11. ML-V.A.7
72 1. Utah Sheriff's Association Jail Standards:
73 11. H01.01.02: Content: Administration of Health Care
74 11. H01.02.05: In-Custody Death Notification
75
76 **CY 09_103 __INMATE DEATH__**
77
78 1. Policy:
79 11. An external investigation by a non-WCSO agency of the death of an inmate should be initiated.
80 11. 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.
81 11. 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 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:
82 111. Complete a report documenting their observations and relevant information; and
83 111. Make themselves available to speak with investigators when requested.
84 11. 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.
85 11. Evidence should be secured and processed by the investigator in charge of the scene.
86 11. 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.
87 11. 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.
88 1. Rationale:
89 11. 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.
90 11. An inmate death may result in litigation. An investigation of an inmate death will provide information necessary to prepare for potential litigation.
91 11. An external investigation of an inmate death may be considered more credible.
92 11. The interference or sharing of information by internal investigators could compromise the integrity of an external investigation.
93
94 **CY 09_104 __ADVANCE DIRECTIVES__**
95
96 1. Policy:
97 11. Proper and legally created Advance Directives should be followed if they have been timely given to the WCSO.
98 11. Advance Directives should be reviewed with the Washington County Attorney's Office.
99 1. Rationale:
100 11. Compliance with Advance Directives may be required by law.
101 11. Legal counsel should be obtained in order to minimize liability.
102
103 **CY 09_105 __NOTIFICATION__**
104
105 1. Policy:
106 11. Upon discovery of an inmate death, staff should immediately notify the:
107 111. On-duty supervisor;
108 111. Branch lieutenant;
109 111. Corrections Chief Deputy;
110 111. Hurricane City Police Department; and
111 111. Contracting agency (if applicable).
112 11. The Corrections Chief Deputy (or designee) should notify the:
113 111. Undersheriff;
114 111. Sheriff;
115 111. Washington County Critical Incident Task Force (if not already dispatched);
116 111. Medical examiner's office;
117 111. Washington County Attorney's office;
118 111. Next of kin (see below); and
119 111. Consulate authorities (if applicable).
120 11. In the event of an inmate 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.
121 11. 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.
122 11. 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.
123 11. Notification should be timely.
124 11. 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:
125 111. Notified of the death of the inmate; and
126 111. Informed that the body is in the possession of the medical examiner.
127 111. Notification events, including attempts, should be documented in the jail computer system.
128 1. Rationale:
129 11. 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.
130 11. Notification to a medical examiner is required by law in cases involving an inmate death.
131
132 **CY 09_106 __DISPOSITION OF BODY__**
133
134 1. Policy:
135 11. 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.
136 11. When the inmate's body is released to the medical examiner, the Washington County Critical Incident Task Force investigators should:
137 111. Document the date and time of the transfer of custody and the name of the medical examiner receiving custody;
138 111. Obtain a receipt signed by the medical examiner accepting custody; and
139 111. Provide the medical examiner with information to assist in the preparation of a death certificate and vital statistics including, but not limited to:
140 1111. The inmate's personal information and pertinent medical records;
141 1111. Investigative reports;
142 1111. Details relevant to the death; and
143 1111. The presence of known communicable disease in the body.
144 11. 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.
145 11. 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.
146 11. 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).
147 11. 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:
148 11. 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.
149 11. Unless otherwise directed by the Attorney General's Office, the Corrections Chief Deputy should make arrangements for disposition of the remains if:
150 111. The inmate did not name a family member or other representative and no person could be located to claim the remains;
151 111. After a reasonable effort, the Corrections Chief Deputy is unable to make contact with the applicable representative;
152 111. After notification, the remains are unclaimed for five working days after transfer of custody from the medical examiner is authorized.
153 11. Failure to locate a person to claim the remains should be documented.
154 11. 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 contract agency for resolution.
155
156 **CY 09_107 __DISPOSITION OF PROPERTY__**
157
158 1. Policy:
159 11. 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>>AG 01 Evidence and Property Handling]].
160 11. 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).
161 1. Rationale:
162 11. Disposition of property is regulated by law.