Oregon Bulletin
June 1, 2011
Rule
Caption: Death of an Inmate.
Adm.
Order No.: DOC 8-2011
Filed with Sec. of
State: 4-29-2011
Certified to be
Effective: 5-2-11
Notice Publication
Date: 4-1-2010
Rules Adopted: 291-027-0055, 291-027-0065
Rules Amended: 291-027-0020, 291-027-0030, 291-027-0040,
291-027-0050, 291-027-0070, 291-027-0080
Rules Repealed: 291-027-0060
Subject: Modification and adoption of these rules is necessary
to update and establish uniform procedures for prompt and proper reporting and
investigation of an inmate death, compassion notification of the deceased
inmate’s emergency contact person, and disposition of the remains. These
revisions are necessary to ensure rules align with current operations and
organizational structure of the department.
Rules Coordinator: Janet R. Worley—(503) 945-0933
291-027-0020
Definitions
(1) Department of Corrections Facility: Any
institution, facility or staff office, including the grounds, operated by the
Department of Corrections.
(2) Emergency Contact Person: That individual(s)
designated by an inmate to be notified in case of an emergency.
(3) Facility Contact Person: A staff member at each
department facility designated by the functional unit manager to be responsible
for coordinating contact and communication with the inmate’s emergency contact
person and other agencies as necessary.
(4) Functional Unit Manager: Any person within the
Department of Corrections who reports either to the Director, an assistant
director, or administrator and has responsibility for delivery of program
services or coordination of program operations.
(5) Inmate: Any person under the supervision of the
Department of Corrections who is not on parole, post-prison supervision or
probation status.
(6) Interstate Corrections Compact (ICC) Inmate: An
inmate housed in a correctional facility in a state different than the
sentencing jurisdiction under rules of the Interstate Correctional Compact.
(7) Officer-in-Charge: That person designated by the
functional unit manager to supervise the facility and make operational
decisions during periods when the functional unit manager or his/her designee
is not readily available.
(8) Officer-of-the-Day: That person designated by the
functional unit manager and approved by the Assistant Director for Operations
or designee to act on behalf of the functional unit manager during non-business
hours and other periods in which the functional unit manager may be absent.
(9) Rental Bed Inmate: An inmate sentenced to the
Department of Corrections who is being housed in an Oregon jail.
(10) Trust Funds: Inmate money in the care and custody
of the Department of Corrections that is deposited with the State Treasurer and
managed by the Department of Corrections.
Stat. Auth.: ORS 179.040, 423.020,
423.030 & 423.075
Stats. Implemented: ORS 179.040,
423.020, 423.030 & 423.075
Hist.: CD 7-1994, f. 3-18-94,
cert. ef. 4-1-94; DOC 8-2011, f. 4-29-11, cert. ef. 5-2-11
291-027-0030
Assessment and Security
(1) The first security employee at the scene of a
suspected inmate death who is not involved in any rescue or first aid efforts
will secure the scene, ascertain the identities of all those present and
disperse all unauthorized individuals.
(a) Identification cards of all inmates present and
dispersed will be gathered for positive identification and for later
interviews.
(b) The officer-in-charge, facility contact person, and
facility Health Services staff, if available, will be immediately notified of
the suspected death. If Health Services staff are not on duty, the Medical
Services manager will be notified. Health Services staff will notify the
facility Chief Medical Officer.
(2) The officer-in-charge or designee will immediately
ensure the emergency preparedness plan is implemented, if applicable.
(3) The officer-in-charge will designate an employee to
maintain the security of the suspected death scene until released by State
Police investigators. The death scene will be processed as a crime scene.
(a) This employee will initiate a crime scene
contamination log (CD 1201D).
(b) The scene will be secured and evidence preserved,
in accordance with the emergency preparedness plan, if applicable, and the
Department of Corrections policy on Criminal Evidence Handling (70.1.3).
(4) Nothing within the death scene area will be moved
or touched by anyone, unless the object needs to be removed because it is an
immediate and ongoing threat to security, such as a weapon.
(a) The object will be photographed and diagrammed with
relation to the rest of the death scene prior to its removal.
(b) Removal of the item will be in a manner consistent
with preservation of evidence, ensuring not to destroy fingerprints, blood and
other fragment evidence that might be affixed to the item, documenting who
seized the item, who maintained custody of the item, and in what manner the
item was secured.
(5) The officer-in-charge will report the incident to
the functional unit manager or his/her designee, officer-of-the-day (if
applicable), the State Police, and the medical examiner.
(6) The State Police will determine whether or not they
should be present at the death scene. If the State Police determine they should
be present, they will take charge of the death scene upon arrival.
(7) The State Police will remove and secure all
property from the area that may be considered evidence.
(8) The officer-in-charge will designate one employee
as the evidence custodian responsible for the handling, marking, packing, and
securing of all evidence not removed by the State Police investigator.
(9) Witnesses or suspects will not be interviewed by
Department of Corrections employees unless directed to do so by the State
Police. Any comments made by suspects or witnesses to Department of Corrections
employees will be noted and reported promptly.
(10) The functional unit manager or designee will
notify appropriate staff, such as Behavioral Health Services staff or a
chaplain, to provide services for inmates affected by the death as needed.
(11) Staff involved in an Inmate death incident will be
offered support in accordance with the DOC policy on Employee Staff Services
(20.5.2).
(12) The
Medical Services manager shall request an autopsy for all inmate deaths.
Stat. Auth.: ORS 179.040, 423.020,
423.030 & 423.075
Stats. Implemented: ORS 179.040,
423.020, 423.030 & 423.075
Hist.: CD 7-1994, f. 3-18-94,
cert. ef. 4-1-94; DOC 8-2011, f. 4-29-11, cert. ef. 5-2-11
291-027-0040
Removal of the Deceased
(1) The deceased and the death scene will be left
undisturbed unless authorized under OAR 291-027-0030 (4).
(2) When the medical examiner and the State Police have
released the body, the functional unit manager or designee will make
arrangements for transportation of the deceased to the designated mortuary in
accordance with contracts or local agreements negotiated by the department.
(3) Assigned staff will maintain supervision of the
deceased until the appropriate mortuary has taken control of the remains. This
includes expected deaths that occur at outside medical facilities. Exceptions
may be made by the functional unit manager or designee only after coordination
with the assigned State Police investigator.
(4) The State Police will determine the time and place
that the deceased inmate will be fingerprinted and coordinate this process with
the assigned institution when appropriate.
Stat. Auth.: ORS 179.040, 423.020,
423.030 & 423.075
Stats. Implemented: ORS 179.040,
423.020, 423.030 & 423.075
Hist.: CD 7-1994, f. 3-18-94,
cert. ef. 4-1-94; DOC 8-2011, f. 4-29-11, cert. ef. 5-2-11
291-027-0050
Notifications
(1) The officer-in-charge or designee will make the
necessary notifications in accordance with this rule, the emergency
preparedness plan, and the Department of Corrections policy on Unusual
Incidents Reporting Process (40.1.6).
(2) The Department Communications Manager is
responsible for reporting the incident to the Director, Deputy Director and
appropriate assistant director. This responsibility may be delegated to the
functional unit manager.
(3) If the inmate death is from a suspected suicide,
the Behavioral Health Services manager will be notified during the initial
notifications immediately following the incident.
(4) If the deceased inmate is a citizen of a country
other than the United States, Immigration and Customs Enforcement (ICE) and the
appropriate consulate will be notified as soon as possible.
(5) If the deceased inmate is an ICC inmate housed by
the department, the ICC coordinator will be notified by the functional unit
manager or designee. The ICC coordinator will notify the administrator of the
sentencing jurisdiction as soon as possible.
Stat. Auth.: ORS 179.040, 423.020,
423.030 & 423.075
Stats. Implemented: ORS 179.040,
423.020, 423.030 & 423.075
Hist.: CD 7-1994, f. 3-18-94,
cert. ef. 4-1-94; DOC 8-2011, f. 4-29-11, cert. ef. 5-2-11
291-027-0055
Duties of the Facility Contact
Person
(1) The facility contact person will coordinate contact
with the inmate’s emergency contact person after the State Police have
authorized notification. The staff person notifying the inmate’s emergency
contact person may be the chaplain, facility contact person, or any other staff
designated by the functional unit manager.
(2) The facility contact person is responsible for
coordinating the processes associated with disposition of the deceased’s
inmate’s remains and personal property.
(a) No specific details about circumstances surrounding
the death will be provided without authorization of the State Police, district
attorney, and the functional unit manager or designee.
(b) The notifying staff member shall not engage in
speculation concerning the possible cause of death.
Stat. Auth.: ORS 179.040, 423.020,
423.030 & 423.075
Stats. Implemented: ORS 179.040,
423.020, 423.030 & 423.075
Hist.: DOC 8-2011, f. 4-29-11,
cert. ef. 5-2-11
291-027-0065
Disposition of Remains
(1) The inmate’s emergency contact person will be given
the option of arranging for the final disposition of the inmate’s remains. All
cost for those arrangements are the responsibility of the emergency contact
person or family member that wishes to make those arrangements.
(2) Inmates shall make prior arrangements with their
designated emergency contact person concerning any religious or personal
preferences that they have regarding the disposition of their remains.
(3) The Department of Corrections is responsible for
the final disposition of remains if the emergency contact person or family
member of the inmate are unwilling or unable to do so.
(4) If the Department of Corrections becomes the
responsible agent in this matter, the authorized mortuary will provide this
final service in accordance with contracted services or local agreements.
(5) Trust funds from the deceased inmate’s accounts
shall not be used to offset expenses incurred by the Department of Corrections
related to the inmate’s death.
Stat. Auth.: ORS 179.040, 423.020,
423.030 & 423.075
Stats. Implemented: ORS 179.040,
423.020, 423.030 & 423.075
Hist.: DOC 8-2011, f. 4-29-11,
cert. ef. 5-2-11
291-027-0070
Property and Fund Disposition
(1) The officer-in-charge will assure that an inventory
is completed of the inmate’s personal property and that it is secured for the
State Police, if applicable.
(2) After the inmate’s property has been released by
the State Police, the facility contact person will make arrangements to have
the property released to the emergency contact person.
(a) The facility contact person will coordinate the
preparation of the property and arrange for disposition of this property with
the inmate’s emergency contact person. The property will be placed in an
appropriately sized container for disposition.
(b) Abandoned property will be disposed of in accordance
with OAR 291-117-0140, Disposition of Inmate Property.
(c) All documentation concerning the property will be
processed and maintained in accordance with OAR 291-117-0140, Disposition of
Inmate Property.
(3) Funds held in a deceased inmate’s trust account
will be disbursed in accordance with ORS 112 and the department’s rule on
Central Trust (OAR 291-158).
Stat. Auth.: ORS 179.040, 423.020,
423.030 & 423.075
Stats. Implemented: ORS 179.040,
423.020, 423.030 & 423.075
Hist.: CD 7-1994, f. 3-18-94,
cert. ef. 4-1-94; DOC 8-2011, f. 4-29-11, cert. ef. 5-2-11
291-027-0080
Death Outside the Facility
(1) Prior to Inmate Death: When imminent death can be
predicted, Health Services staff will work with the officer-of-the-day to
ensure that all appropriate notifications are completed in advance, including
the medical examiner.
(2) Outside Work Crews: In the event of an incident
involving death or possible death of an inmate assigned to an outside crew, the
work crew supervisor will immediately activate local emergency medical services
if available. The work crew supervisor will then notify the applicable
facility. The officer-in-charge of the facility will be responsible to
implement the procedures outlined in OAR 291-027-0030, Assessment and Security.
(3) ICC Inmate sentenced to DOC: The ICC agreement for
all inmates sentenced to the department will address the arrangements to be
used if the inmate dies while in custody of the receiving jurisdiction. Details
of the agreement will include required notifications, transport of the body or
remains, and financial responsibility for associated costs.
(4) Rental Bed Inmate: Local jurisdictions will report
the death of any department inmate in their custody to the Department of
Corrections as soon as possible, and furnish all information requested. The
Department of Corrections is responsible for making final disposition of the
inmate’s body and providing notice to the inmate’s emergency contact person.
These arrangements will be included in all rental bed agreements.
(5) Outside Medical Facility: When an inmate dies while
under the care of an outside medical facility, the staff assigned to the
hospital watch or medical trip escort will be responsible for immediately
contacting the officer-in-charge at the inmate’s assigned institution.
(a) The officer-in-charge of the facility will be
responsible to implement the procedures outlined in OAR 291-027-0030,
Assessment and Security.
(b) The officer-in-charge will determine if a crime
scene log needs to be initiated.
(c) Arrangements for transportation of the deceased
inmate from the outside medical facility to the designated mortuary will be
made in accordance with contracts or local agreements negotiated by the
department.
(d) The staff assigned to hospital watch will remain
with the deceased inmate until the designated mortuary has taken control of the
remains. Exceptions may be made by the functional unit manager or designee only
after coordination with the assigned State Police investigator.
Stat. Auth.: ORS 179.040, 423.020,
423.030 & 423.075
Stats. Implemented: ORS 179.040,
423.020, 423.030 & 423.075
Hist.: CD 7-1994, f. 3-18-94,
cert. ef. 4-1-94; DOC 8-2011, f. 4-29-11, cert. ef. 5-2-11
Notes
1.) This online version of the OREGON BULLETIN is provided for convenience of reference and enhanced access. The official, record copy of this publication is contained in the original Administrative Orders and Rulemaking Notices filed with the Secretary of State, Archives Division. Discrepancies, if any, are satisfied in favor of the original versions. Use the OAR Revision Cumulative Index found in the Oregon Bulletin to access a numerical list of rulemaking actions after November 15, 2010.
2.) Copyright 2011 Oregon Secretary of State: Terms and Conditions of Use |