STATE OF LOUISIANA
DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONS CORRECTIONS SERVICES c Department Regulation No C-01-001
t
28 February 2011 FIELD OPERATIONS GeneralAutopsies and Burial Expenses
AUTHORITY: Secretary of the Department of Public Safety and Corrections as contained in Chapter 9 of Title 36.
2. REFERENCES: La. R.S. 9:1551, 15:824, 17:2353, 33:1556, 33:1563, 33:1564, 33:1 565 and 37:848; ACA Standard 4-4425 (Adult Correctional Institutions); Department Regulation Nos. A-04-002 “Standard Operating Procedures for Transitional Work Programs,” B-06-001 “Health Care Manual,” B-08-005 “Faith-Based Programs and Services,” C-05-001 “Activity Reports/Unusual Occurrence Reports Operational Units” and C-05-004 “Basic Jail Guidelines (Nos. 111-007 and lV-024)” and Small Purchase Procedures Executive Order.
3. PURPOSE: To state a uniform policy regarding notification procedures regarding the death of state offenders, the performance of autopsies on the body of deceased state offenders and on the payment of burial expenses of such offenders.
4. APPLICABILITY: Deputy Secretary, Undersecretary, Chief of Operations, Regional Wardens, Wardens and Sheriffs or Administrators of local jail facilities, community rehabilitation centers and transitional work programs where state offenders are housed. Each Unit Head is responsible for ensuring that appropriate unit written policy and procedures are in place to comply with the provisions of this regulation.
5. POLICY:
A. It is the Secretary’s policy that the procedures of this regulation shall be adhered to in order to provide appropriate and timely notification to DSP&C Administrators regarding the death of state offenders housed in state correctional facilities, local jail facilities, community rehabilitation centers and transitional work programs.
B. Further, It is the Secretary’s policy that an autopsy will be performed on the bodies of offenders who die while in the state’s custody unless a
waiver is approved in accordance with this regulation. Pursuant to La. R.S. 33:1 563, it is the responsibility of the Coroner to either view the body or make an investigation into the cause and manner of death in all cases involving the death of an offender while serving a sentence in a state correctional facility, local jail facility, community rehabilitation center or work release program.
C. Pursuant to La. R.S. 33:1565 and La. R.S. 9:1551, the burial expenses for paupers shall be paid by the state when the body is not claimed by friends or relatives. These expenses shall not, by law, exceed the actual cost of the service.
6. DEFINITIONS:
A. Unit Head: Includes Wardens, Sheriffs or Administrators of local jail facilities, community rehabilitation centers and transitional work programs where state offenders are housed.
B. Offender: Anyone in the physical custody of the Department who is serving a sentence in a state correctional facility, local jail facility, community rehabilitation center or transitional work program.
7. NOTIFICATION PROCEDURES:
Notification procedures to DPS&C Administrators regarding the death of state offenders shall be made in accordance with Department Regulation Nos. C-OS-001 “Activity Reports/Unusual Occurrence Reports Operational Units” and C-05-004 “Basic Jail Guidelines.”
A. DPS&C Facilities-Category A Deaths
1) The Unit Head (or designee in the event of the Unit Head’s absence at the time of the incident) shall be responsible for immediately reporting a Category A death to the Duty Officer. (See Department Regulation No. C-05-001 “Activity Reports/Un usual Occurrence Reports Operational Units”-Section 7.A.6) for specific procedures.) 2) In addition, in accordance with Department Regulation No. C-OS
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 address: catanotifycorrections.state.la.us as soon as it is available, but no later than 24 hours after the occurrence (not including weekends and holidays.) All deaths shall be reported electronically utilizing the Standardized Death Report (Form
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001-X.) In addition, a Medical Summary Report shall be sent to the Department’s Medical/Mental Health Director for every death as soon as it is available, but no later than 72 hours after the occurrence (not including weekends and holidays.) A copy of all reports involving suicide shall be forwarded to the Treatment Projects Coordinator as required by Department Regulation No. B-06-001 “Health Care Manual.”
B. DPS&C Facilities-Category B Deaths
1) The Unit Head (or designee in the event of the Unit Head’s absence at the time of the incident) shall be responsible for reporting a Category B death to the Duty Officer within 24 hours of occurrence (including weekends and holidays.) (See Department Regulation No. C-05-001 “Activity Reports/Unusual Occurrence Reports Operational Units”-Section 8.A.9) for specific procedures.)
2) In addition, in accordance with Department Regulation No. C-05-001-Section 8.A..9).d., a written report of a Category B death shall be submitted electronically to the Secretary at the following e-mail address: catbnotifycorrections.state.la.us as soon as it is available, but no later than 72 hours after the occurrence (not including weekends and holidays.) All deaths shall be reported electronically utilizing the Standardized Death Report (Form C-05-001-X.) In addition, a Medical Summary Report shall be sent to the Department’s Medical/Mental Health Director for every death as soon as it is available, but no later than 72 hours after the occurrence (not including weekends and holidays.)
C. Community Rehabilitation Centers and Transitional Work Programs-Category A Deaths
1) The Unit Head (or designee in the event of the Unit Head’s absence at the time of the incident) is responsible for immediately reporting a Category A death to the Control Center at Elayn Hunt Correctional Center (EHCC.) The EHCC Control Center staff shall report the incident to the Duty Officer. (See Department Regulation No. C-05-001 “Activity Reports/Unusual Occurrence Reports Operational Units”-Section 7. B.5) for specific procedures.)
2) In addition, in accordance with Department Regulation No. C-05-001-Section 7.B.5)d., a written report of a Category A death shall be faxed to the Chief of Operations at 225-342-3349 as soon as it is available, but no later than 24 hours after the occurrence (not
including weekends and holidays.) All deaths shall be reported utilizing the Standardized Death Report (Form C-05-001-X.)
D. Community Rehabilitation Centers and Transitional Work Programs-Category B Deaths
1) The Unit Head (or designee in the event of the Unit Head’s absence at the time of the incident) is responsible for reporting Category B deaths to the Control Center at EHCC within 24 hours of occurrence (including weekends and holidays.) The EHCC Control Center staff shall report the incident to the Duty Officer. (See Department Regulation No. C-05-001 “Activity Reports/U nusual Occurrence Reports Operational U nits”-Section 8.B.5) for specific procedures.)
2) In addition, in accordance with Department Regulation No. C-05-001-Section 8.B.5)c., a written report of a Category B death shall be faxed to the Chief of Operations at 225.342.3349 as soon as it is available, but no later than 72 hours after the occurrence (not including weekends and holidays.) All deaths shall be reported utilizing the Standardized Death Report (Form C-05-001-X.)
E. Local Jail Facilities
1) All deaths of state offenders occurring at local jail facilities shall be reported to the Office of Adult Services at 800.803.8748 during normal business hours or the Control Center at the Elayn Hunt Correctional Center, 800.842.4399 after normal business hours in accordance with Department Regulation No. C-05-004 “Basic Jail Guidelines” No. 111-007.)
2) In addition, in accordance with Department Regulation No. C-05-004-Guideline No. lV-024, a written report of the offender’s death shall be submitted electronically to the Secretary at the following e mail address: catanotifycorrections.stateJa.us. All deaths shall be reported utilizing the Standardized Death Report (Form C 05-001 -X)
F. The Unit Head shall safeguard all medical information pertinent to the death and forward a copy to the Secretary.
G. It is the responsibility of the Unit Head or designee to notify the Coroner of the death of a state offender assigned to a state correctional facility, local jail facility, community rehabilitation center or transitional work program.
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All attempts to contact the Coronet regarding any death shall be thoroughly documented.
H. The Chaplain or other person designated by the Unit Head should make every reasonable effort to notify the next of kin regarding the death in a timely manner.
8. AUTOPSY PROCEDURES:
A. When the Coroner either views the body of the deceased or makes an investigation into the cause and manner of death, the Coroner may perform or cause to be performed by a competent physician, an autopsy in any case at his discretion. When an autopsy is conducted, a copy of the autopsy report shall be forwarded by the Unit Head to the Department’s Medical/Mental Health Director immediately upon receipt.
When an offender has suffered from a prolonged or chronic illness and a record and long history of treatment exists, and the death certificate is duly issued indicating the prolonged illness as the cause of death, the Unit 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.
When the Coroner’s investigation reveals that an autopsy is not required, but the Unit Head determines that an autopsy would be in the best interest of the Department, the Unit Head may request that an autopsy be performed. The Secretary or designee shall be notified that an autopsy has been requested.
B. Pursuant to La. R.S. 33:1556, a Coroner shall be responsible for an autopsy as follows:
1) When a natural death occurs inside the parish of domicile, it is the responsibility of the Coroner (parish of domicile of the deceased) to make an investigation into the cause and manner of death and/or perform an examination of the body or autopsy;
2) When a natural death occurs outside the parish of domicile, it is the responsibility of the Coroner (parish where the death occurred) to forward all information from the initial investigation to the Coroner (parish where the deceased was domiciled). It is the responsibility of the Coroner (parish of domicile) to complete all the necessary documents, including the death certificate;
3) When a death occurs and a crime or accident is suspected, it is the responsibility of the Coroner (parish where the crime or accident occurred) to make an investigation into the cause and manner of death and/or perform an examination of the body or autopsy.
C. Upon completion of an autopsy or upon receipt of a waiver from the appropriate Coroner and in accordance with Section 5.B., the Coroner may authorize the release of the body to the family or friends for burial. D. Payment for autopsies is authorized in accordance with La. R.S. 33:1556
when the service cannot be obtained without charge from another state agency or other governmental agency. Reimbursement for autopsies for state offenders housed in a local jail facility, community rehabilitation center or transitional work program shall be made to the approporiate local jail facility, community rehabilitation center or transitional work program by Headquarters through extraordinary medical expenses. A request for such reimbursements shall be submitted to the Department with appropriate documentation, i.e. copy of death certificate, invoice for autopsy services, etc.
9. BURIAL EXPENSE PROCEDURES:
A. If the body is not claimed and the death was due to natural causes as certified by the attending physician, the body may be cremated or embalmed by a Louisiana licensed funeral home, or donated to the State Anatomical Board pursuant to La. R.S. 17:2353, if approved by the Coroner. If necessary, authorization shall be obtained from the Headquarters Procurement and Contractual Review Section to telephone bid the service. Pursuant to La. R.S. 37:848D.(3), if the body is not embalmed or refrigerated, it should be buried or cremated within 30 hours after death or as soon as possible after its release by the proper authorities.
B. In cases where the body of the deceased is not claimed, arrangements for the burial should be made by the state correctional facility, local jail facility, community rehabilitation center or transitional work program in accordance with purchasing rules and regulations by a Louisiana licensed funeral home. In this case, burial at state facilities that maintain cemeteries is an option. Burial expenses for paupers, including embalming the body (if necessary), cremation, obtaining burial permits, transportation fees and the cost for the least expensive burial casket available, shall not exceed the actual cost of the service pursuant to La. R.S. 33:1565. Reimbursement for such expenses for offenders housed in a local jail facility, community rehabilitation center or transitional work
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program shall be made only when prior approval has been obtained from the Secretary or designee to obligate such funds. A request for such reimbursements shall be submitted with appropriate documentation, i.e. copy of death certification, invoices for burial expenses, etc.
C. In cases where the body of the deceased (who is not a pauper) is not claimed, the deceased’s banking accounts shall be frozen and applied to offset all or part of the funeral expenses. Inquires shall be made to the family as to whether a burial policy was in force for the deceased to use or offset all or part of the expenses.
s/James M. Le Blanc Secretary
Form: C-05-OO1 -X Standardized Death Report Format
This regulation supersedes Department Regulation No. C-O1-OO1 dated 06 August 2008.
