CORRECTIONS SERVICES FIELD OPERATIONS. General



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ADMINISTRATIVE REGULATION

Transcription:

No C-01-001 t Department Regulation c CORRECTIONS SERVICES the bodies of offenders who die while in the state s custody unless a B. Further, It is the Secretary s policy that an autopsy will be performed on state correctional facilities, local jail facilities, community rehabilitation centers and transitional work programs. DSP&C Administrators regarding the death of state offenders housed in adhered to in order to provide appropriate and timely notification to A. It is the Secretary s policy that the procedures of this regulation shall be 5. POLICY: Regional Wardens, Wardens and Sheriffs or Administrators of local jail facilities, provisions of this regulation. offenders are housed. Each Unit Head is responsible for ensuring that appropriate unit written policy and procedures are in place to comply with the community rehabilitation centers and transitional work programs where state 4. APPLICABILITY: Deputy Secretary, Undersecretary, Chief of Operations, regarding the death of state offenders, the performance of autopsies on the body offenders. of deceased state offenders and on the payment of burial expenses of such 3. PURPOSE: To state a uniform policy regarding notification procedures Based Programs and Services, C-05-001 Activity Reports/Unusual Occurrence Transitional Work Programs, B-06-001 Health Care Manual, B-08-005 Faith- Department Regulation Nos. A-04-002 Standard Operating Procedures for Reports Operational Units and C-05-004 Basic Jail Guidelines (Nos. 111-007 and 33:1 565 and 37:848; ACA Standard 4-4425 (Adult Correctional Institutions); lv-024) and Small Purchase Procedures Executive Order. 2. REFERENCES: La. R.S. 9:1551, 15:824, 17:2353, 33:1556, 33:1563, 33:1564, contained in Chapter 9 of Title 36. AUTHORITY: Secretary of the Department of Public Safety and Corrections as Autopsies and Burial Expenses General FIELD OPERATIONS STATE OF LOUISIANA DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONS

or make an investigation into the cause and manner of death in all cases R.S. 33:1 563, it is the responsibility of the Coroner to either view the body waiver is approved in accordance with this regulation. Pursuant to La. Page Two Regulation No. C-05-001 Activity Reports/Un usual Occurrence available, but no later than 24 hours after the occurrence (not electronically utilizing the Standardized Death Report (Form C-OS- address: catanotifycorrections.state.la.us as soon as it is Reports Operational Units -Section 7.A.6) for specific procedures.) 001-Section 7.A.6)e., a written report of a Category A death shall be submitted electronically to the Secretary at the following e-mail 2) In addition, in accordance with Department Regulation No. C-OS reporting a Category A death to the Duty Officer. (See Department at the time of the incident) shall be responsible for immediately 1) The Unit Head (or designee in the event of the Unit Head s absence A. DPS&C Facilities-Category A Deaths 004 Basic Jail Guidelines. 001 Activity Reports/Unusual Occurrence Reports Operational Units and C-05- offenders shall be made in accordance with Department Regulation Nos. C-OS- Notification procedures to DPS&C Administrators regarding the death of state 7. NOTIFICATION PROCEDURES: community rehabilitation center or transitional work program. serving a sentence in a state correctional facility, local jail facility, B. Offender: Anyone in the physical custody of the Department who is where state offenders are housed. facilities, community rehabilitation centers and transitional work programs A. Unit Head: Includes Wardens, Sheriffs or Administrators of local jail 6. DEFINITIONS: the service. or relatives. These expenses shall not, by law, exceed the actual cost of paupers shall be paid by the state when the body is not claimed by friends C. Pursuant to La. R.S. 33:1565 and La. R.S. 9:1551, the burial expenses for work release program. correctional facility, local jail facility, community rehabilitation center or involving the death of an offender while serving a sentence in a state

soon as it is available, but no later than 72 hours after the Department s Medical/Mental Health Director for every death as 001-X.) In addition, a Medical Summary Report shall be sent to the Page Three is available, but no later than 24 hours after the occurrence (not be faxed to the Chief of Operations at 225-342-3349 as soon as it 001-Section 7.B.5)d., a written report of a Category A death shall Operational Units -Section 7. B.5) for specific procedures.) No. C-05-001 Activity Reports/Unusual Occurrence Reports Correctional Center (EHCC.) The EHCC Control Center staff shall report the incident to the Duty Officer. (See Department Regulation reporting a Category A death to the Control Center at Elayn Hunt absence at the time of the incident) is responsible for immediately 1) The Unit Head (or designee in the event of the Unit Head s Category A Deaths C. Community Rehabilitation Centers and Transitional Work Programs- occurrence (not including weekends and holidays.) Department s Medical/Mental Health Director for every death as 001-X.) In addition, a Medical Summary Report shall be sent to the available, but no later than 72 hours after the occurrence (not electronically utilizing the Standardized Death Report (Form C-05- address: catbnotifycorrections.state.la.us as soon as it is be submitted electronically to the Secretary at the following e-mail 001-Section 8.A..9).d., a written report of a Category B death shall soon as it is available, but no later than 72 hours after the Operational Units -Section 8.A.9) for specific procedures.) No. C-05-001 Activity Reports/Unusual Occurrence Reports (including weekends and holidays.) (See Department Regulation Category B death to the Duty Officer within 24 hours of occurrence at the time of the incident) shall be responsible for reporting a 1) The Unit Head (or designee in the event of the Unit Head s absence B. DPS&C Facilities-Category B Deaths 06-001 Health Care Manual. reports involving suicide shall be forwarded to the Treatment Projects Coordinator as required by Department Regulation No. B- occurrence (not including weekends and holidays.) A copy of all

utilizing the Standardized Death Report (Form C-05-001-X.) Page Four jail facility, community rehabilitation center or transitional work program. the death of a state offender assigned to a state correctional facility, local G. It is the responsibility of the Unit Head or designee to notify the Coroner of death and forward a copy to the Secretary. F. The Unit Head shall safeguard all medical information pertinent to the 05-001 -X) shall be submitted electronically to the Secretary at the following e shall be reported utilizing the Standardized Death Report (Form C mail address: catanotifycorrections.stateja.us. All deaths 004-Guideline No. lv-024, a written report of the offender s death Guidelines No. 111-007.) accordance with Department Regulation No. C-05-004 Basic Jail Correctional Center, 800.842.4399 after normal business hours in normal business hours or the Control Center at the Elayn Hunt reported to the Office of Adult Services at 800.803.8748 during 1) All deaths of state offenders occurring at local jail facilities shall be E. Local Jail Facilities available, but no later than 72 hours after the occurrence (not be faxed to the Chief of Operations at 225.342.3349 as soon as it is 001-Section 8.B.5)c., a written report of a Category B death shall utilizing the Standardized Death Report (Form C-05-001-X.) Reports/U nusual Occurrence Reports Operational U nits -Section (See Department Regulation No. C-05-001 Activity Control Center staff shall report the incident to the Duty Officer. 8.B.5) for specific procedures.) of occurrence (including weekends and holidays.) The EHCC Category B deaths to the Control Center at EHCC within 24 hours absence at the time of the incident) is responsible for reporting 1) The Unit Head (or designee in the event of the Unit Head s Category B Deaths D. Community Rehabilitation Centers and Transitional Work Programs- Department Regulation No. C-Of -001

thoroughly documented. All attempts to contact the Coronet regarding any death shall be Page Five documents, including the death certificate; of the Coroner (parish of domicile) to complete all the necessary responsibility of the Coroner (parish where the death occurred) to (parish where the deceased was domiciled). It is the responsibility forward all information from the initial investigation to the Coroner 2) When a natural death occurs outside the parish of domicile, it is the perform an examination of the body or autopsy; make an investigation into the cause and manner of death and/or responsibility of the Coroner (parish of domicile of the deceased) to 1) When a natural death occurs inside the parish of domicile, it is the autopsy as follows: B. Pursuant to La. R.S. 33:1556, a Coroner shall be responsible for an has been requested. issued indicating the prolonged illness as the cause of death, the Unit record and long history of treatment exists, and the death certificate is duly Head, with the approval of the Secretary or designee, may request a waiver of the autopsy through the appropriate Coroner or concur in the Coroner s assessment that an autopsy is not necessary. performed. The Secretary or designee shall be notified that an autopsy of the Department, the Unit Head may request that an autopsy be but the Unit Head determines that an autopsy would be in the best interest When an offender has suffered from a prolonged or chronic illness and a When the Coroner s investigation reveals that an autopsy is not required, autopsy report shall be forwarded by the Unit Head to the Department s any case at his discretion. When an autopsy is conducted, a copy of the perform or cause to be performed by a competent physician, an autopsy in Medical/Mental Health Director immediately upon receipt. investigation into the cause and manner of death, the Coroner may A. When the Coroner either views the body of the deceased or makes an 8. AUTOPSY PROCEDURES: timely manner. every reasonable effort to notify the next of kin regarding the death in a H. The Chaplain or other person designated by the Unit Head should make

death and/or perform an examination of the body or autopsy. occurred) to make an investigation into the cause and manner of responsibility of the Coroner (parish where the crime or accident 3) When a death occurs and a crime or accident is suspected, it is the Page Six community rehabilitation center or transitional work program in R.S. 33:1565. Reimbursement for such expenses for offenders housed in a local jail facility, community rehabilitation center or transitional work funeral home. In this case, burial at state facilities that maintain embalming the body (if necessary), cremation, obtaining burial permits, available, shall not exceed the actual cost of the service pursuant to La. the burial should be made by the state correctional facility, local jail facility, transportation fees and the cost for the least expensive burial casket accordance with purchasing rules and regulations by a Louisiana licensed cemeteries is an option. Burial expenses for paupers, including B. In cases where the body of the deceased is not claimed, arrangements for Coroner. If necessary, authorization shall be obtained from the Anatomical Board pursuant to La. R.S. 17:2353, if approved by the authorities. after death or as soon as possible after its release by the proper embalmed by a Louisiana licensed funeral home, or donated to the State embalmed or refrigerated, it should be buried or cremated within 30 hours bid the service. Pursuant to La. R.S. 37:848D.(3), if the body is not Headquarters Procurement and Contractual Review Section to telephone certified by the attending physician, the body may be cremated or A. If the body is not claimed and the death was due to natural causes as 9. BURIAL EXPENSE PROCEDURES: documentation, i.e. copy of death certificate, invoice for autopsy services, jail facility, community rehabilitation center or transitional work program by state offenders housed in a local jail facility, community rehabilitation agency or other governmental agency. Reimbursement for autopsies for center or transitional work program shall be made to the approporiate local Headquarters through extraordinary medical expenses. A request for such reimbursements shall be submitted to the Department with appropriate when the service cannot be obtained without charge from another state etc. D. Payment for autopsies is authorized in accordance with La. R.S. 33:1556 may authorize the release of the body to the family or friends for burial. appropriate Coroner and in accordance with Section 5.B., the Coroner C. Upon completion of an autopsy or upon receipt of a waiver from the

Department Regulation February 28 Page Seven 2011 No. C-01-001 program shall be made only when prior approval has been obtained from the Secretary or to obligate such funds. A request for such reimbursements shall be submitted with appropriate documentation, i.e. copy of death certification, invoices for burial etc. designee expenses, C. In where the body of the (who is not a pauper) is not claimed, the banking accounts shall be frozen and applied to offset all or part of the funeral Inquires shall be made to the family to whether a burial policy was in force for the to use or offset all or part of the cases as deceased s expenses. deceased expenses. deceased s/james M. Le Blanc Secretary Form: C-05-OO1 -X Standardized Death Report Format This regulation 2008. supersedes Department Regulation No. C-O1-OO1 dated 06 August