Department Operations Manual

51070.6 Chief Medical Executive Revised September 6, 2013 The CME or MOD on duty shall: • Notify the watch commander or senior custody officer in the area of occurrence that the patient/victim has expired stating the time of death. • Notify the coroner of the death and request their inquiry or release of the body. • Upon obtaining the coroner ’ s permission, cause the body to be covered and removed to the morgue or a private room in the treatment facility. • Notify the Warden or Administrative Officer-of-the-Day (AOD), giving all significant points of administrative and medical/legal interest. • Prepare a written summary of circumstances surrounding the death on CDCR Form 7229-A, Initial Inmate Death Report, or CDCR Form 7229-B, Initial Inmate Suicide Report, providing tactful wording of information that can be used in notifying the contact listed. Any last messages the deceased wished to be transmitted must be quoted. • An original and five copies shall be prepared and routed to the Warden. • Notify all required agencies of any communicable diseases discovered during examination. • In the event the deceased inmate had a diagnosed communicable disease, the contract funeral director charged with the removal of the body from the facility shall be notified of such disease prior to the release of the body. • Close out all medical records and transmit them to the records office for inclusion in the decedent ’ s C-File. 51070.6.1

51070.6.1 Death Certificate The CME or physician examining the body and pronouncing death will specifically determine whether he/she can sign the death certificate or must refer it to the coroner. H&SC 10259 states the coroner will be notified and will sign the death certificate if death occurs: • Without medical attendance. • During the continued absence of the attending physician (vacation, etc.). • Where the attending physician is unable to state the cause of death. • Where suicide is suspected. • Following an injury or accident. • Under circumstances as to afford a reasonable suspicion that the death was caused by the criminal act of another. The physician shall complete and sign their section of the death certificate within 15 hours of the death. An original and five copies will be prepared. The original will be forwarded to the undertaker for completion and the copies will be routed to the Warden. Pursuant to H&SC 10204, the coroner shall complete the certification of death within three days after examination of the body. 51070.7

51070.7 Responsibility of Senior Custody Staff Member Revised September 6, 2013 Upon notification of a possible death, the senior custody staff or watch commander shall assure the following steps are accomplished: • Make or cause to be made the decision for the need to secure the death/incident scene. Any evidence and areas surrounding the death/incident scene shall not be disturbed until an investigating officer is assigned and on the scene. • Initiate investigation or other custody measures as indicated. • Order all pertinent materials gathered, i.e., personal property, visiting information, mail card, etc. 51070.7.1

51070.7.1 Identify Decedent Revised September 6, 2013 The senior custody staff member shall arrange for identification of the deceased as soon as practical. Fingerprints • Arrange for the taking of a full set of the deceased ’ s fingerprints on the approved Fingerprint Card, signed by the employee taking the prints. • Required for legal identification of deceased. • If fingerprinting is impossible, positive identification must be made by other means (photograph, scars, etc.). Other • Identification by means other than fingerprinting requires a notarized affidavit. • Fingerprint cards or affidavit shall be forwarded to the C&PR. Exception to Fingerprinting In circumstances involving suspected homicide, fingerprints shall not be taken. Each hand shall be wrapped in a paper container by the medical representative or the institutional investigator. Fingerprinting shall be completed by the coroner/designee. • Notify the chaplain of the death giving the inmate ’ s religion if known. • Notify the Warden or AOD and the CME or MOD. 51070.8

51070.8 Circumstance of Death Report and Distribution The highest ranking custodial officer or designee shall prepare and deliver within four hours of death a brief notice providing the decedent's name, number, time and place of death, and other pertinent facts to: • The Warden/RPA. • Chief Deputy Warden. • CME. • Associate Warden, Business Services. • PIO/AA. • Correctional Case Records Manager (CCRM). • Correctional Captain. • Parole agent or reentry facility administrator. • Chaplain of the deceased's faith. 51070.9

51070.9 Notification of Appropriate Agencies Two-Hour Notification Any death of an inmate in any facility of the Department, including contract facilities, shall be reported within two hours of the death to the county sheriff and the coroner, or their designee of the county in which the facility is located, and if the facility is located within the city limits of an incorporated city, the chief of police in that city, or their designated representative. Additional Notifications The death shall also be initially reported to the DA or designee of the county in which the facility is located, to the Director, Division of Adult Institutions, and to the Director, Division of Correctional Health Care Services, as soon as those personnel are on duty, but within 24 hours of the death. Initial Report of Death The initial report of the death may be transmitted by telephone, direct contact, or written notification, and shall outline all pertinent facts known at the time the report is made and all persons to contact, in addition to any other information the reporting person or officer deems pertinent. • The Warden, RPA, or designee shall notify law enforcement personnel. • The facility CME shall notify the coroner. Written Report, Within Eight Hours of Death Within eight hours of the death of an inmate in any facility of the Department, including contract facilities, a written report CDCR Form 7229-A or 7229-B shall be submitted by the Warden or RPA to those entities noted above. This written report shall include all circumstances and details of the death known at the time of report preparation, and shall include the names of all involved persons, and all persons with knowledge of the circumstances surrounding the death. A copy of the CDCR Form 7229-A or 7229-B shall be retained in the office of the CME and the investigative office until conclusion of any investigation; one copy shall be placed in the deceased inmate ’ s C-File. In community based correctional facilities, the RPA shall retain one copy of the report until conclusion of any investigation. Attorney General Notification The following reports and records shall be delivered to the Attorney General’s Office, Bureau of Criminal Statistics, Statistical Data Center: • Complete incident report or report of death as applicable. • Completed copy of death certificate. • Fingerprint card (two sets). • Coroner ’ s report (if applicable). One copy of each of the preceding documents shall be forwarded to the Director of the Division of Juvenile Justice if the deceased is a youth offender of that agency. 51070.10

51070.10 Notification of Contact Listed Revised April 9, 2014 Receiving and Release (R&R) staff in Reception Centers shall ensure that primary and alternate emergency contact information is entered in the Strategic Offender Management System (SOMS)/Electronic Records Management System (ERMS) application for each incoming inmate (new admissions and parole violators). The inmate is interviewed by R&R staff upon his/her arrival from the county and the information is entered into SOMS. The form is printed and signed by the inmate and then scanned into ERMS. If the inmate refuses either to list a next of kin or to sign the form, staff shall indicate the refusal, date and sign the form. Facility classification staff at all CDCR facilities shall ensure the Notification in Case of Inmate Death, Serious Injury, or Serious Illness is updated: • Annually as part of the classification review process. • Upon recommendation of transfer by a classification committee. • Whenever an inmate advises his or her correctional counselor of a desire to change the information contained in the SOMS/ERMS application. In the event of a death, serious injury, or serious illness, the Warden or designee at the level of Correctional Lieutenant or Correctional Counselor II or above shall use all reasonable means to contact the person(s) identified on the Notification form. The senior custodial officer shall review the inmate’s C -File and Emergency Contact information contained in SOMS/ERMS and notify the contact listed as soon as possible. • Telephone notification of contact listed should be used whenever possible. Custody staff shall not attempt to provide medical information regarding the inmate’s health or cause of death, but shall refer the contact listed to the facility CME or physician designee or to the County Coroner’s office. The staff member making contact shall verify the mailing address of the contact listed. • In all cases of death, a tactfully worded letter, over the name of the Warden, shall be sent to the contact listed. Written notification shall be done by return-receipt mail. The following format may be used in the event of a death: (Name of contact listed) “I regret to inform you of the death of your (relationship), name, and date. Remains have been released to (name of contracting mortuary, address and phone number of mortuary). They are awaiting further instructions for the final disposition of your (relationship) without expense to the State. If not claimed within 48 hours, disposition must be made as provided by law. Please notify (contract mortuary) whether you will claim the body. You may contact the County Coroner’s Office at (Area Code) XXX-XXXX if you have questions regarding the cause of death of your (relationship). We extend our sympathy in your loss.” If notification cannot be immediately made in the aforementioned manner, the Warden or designee at the level of Correctional Lieutenant or Correctional Counselor II or above shall use all reasonable means to make contact with family members including but not limited to: • Assigning Investigative Services Unit (ISU) staff to utilize telephone signup sheets, Inmate Monitoring and Recording Systems, searching the inmate’s personal property (while preserving crime scene evidence), reviewing the inmate’s visiting file, contactin g the previous Parole Agent (if any), contacting the local Coroner’s office, contacting the arresting agency, reviewing social media, and/or contacting the Office of Correctional Safety (OCS), etc., to locate contact information. • Contact the appropriate consulate office if the inmate is a foreign national. • All efforts made to locate and notify the next of kin shall be documented on a CDCR 837-C, Crime/Incident Report Part C – Staff Report or General Chrono, CDC 128-B. If notification with the contact listed cannot be made within 72 hours, the Warden shall notify their respective Associate Director (AD) that all reasonable means for obtaining contact information have been exhausted. The AD shall make contact with the OCS for any additional assistance in locating the next of kin. 51070.11

51070.11 Removal of the Body Revised September 6, 2013 The highest ranking custodial officer or their designee shall determine if the coroner has placed a hold on the body. If not, the custodial officer shall request the contract mortuary to pick up the body. The custodial officer shall obtain a body receipt form from the undertaker at the time the remains leave the facility. This form shall be completed in quintuplicate and distributed as follows: • Original to the watch commander. • One copy to control or the facility head. • Two copies to the mortician (who leaves one copy at the gate). • One copy to the CCRM. 51070.12

51070.12 Responsibility of CCRM The CCRM shall prepare a report supplying the information necessary to complete items 1A through 21D of the Certificate of Death, to the health services treatment facility (medical department). 51070.12.1

51070.12.1 Notifications Pursuant to 11155(B) PC The CCRM shall notify the persons or agencies who have requested such notification pursuant to PC 11155(b). 51070.12.2

51070.12.2 Notification of Death of Foreign Nationals Pursuant to Article 37 of the Vienna Convention, written notification within 72 hours of the official notice of death shall be made to the appropriate consulate post in the event of the death of a foreign, national inmate. The notification shall include the inmate ’ s name, CDC identification number, date and time of death, and the attending physician's name. Consulate offices are located in major cities throughout California; and addresses and telephone numbers can be found in the local telephone directory under the name of the country of origin. 51070.12.3

51070.12.3 Detainers Disposition Any detainers pertaining to the deceased shall be returned to the issuing agency with a notice of the inmate ’ s death. 51070.13

51070.13 Responsibility of Correctional Counselor Upon receiving instructions and information from their supervisor concerning the death of an inmate, the Correctional Counselor shall carefully examine all available records, mail, visiting records, and personal property and prepare a report to the Warden or their designee consisting of: • A list of names, relationship, and addresses of relatives, friends, organizations, or individuals who might be interested in the final disposition of the deceased without cost to the State. • Answers to the below listed questions. • Is the decedent a member of a fraternal order or lodge having burial insurance or death benefits? • Is the decedent entitled to veteran ’ s or social security benefits? • Is the decedent receiving a pension? • Does the decedent have insurance payable at death? • Does the decedent have resources or income not held in trust at the institution? If the deceased inmate was an undocumented alien, notify the local office of Immigration and Customs Enforcement and the appropriate consulate post as referenced in DOM 51070.12.2. Notify victim(s) if there is a written request by the victim(s) in the inmate ’ s C-File that the victim(s) be notified of any change of the inmate's status per PC 3058.6, 3058.8, and 3058.9.

51070.14 Responsibility of Chaplain Upon notification of a death, the chaplain of the faith professed by the inmate will perform such duties as required: • Attend to any special religious requirements. • Consultation with family members as required or requested. 51070.15

51070.15 Responsibility of Property Officer for Deceased ’ s Property The property officer shall: • Receive, inventory, and store all personal property of the deceased. • Prepare a complete inventory report, sign and submit five copies to the watch commander to be distributed as follows: • Warden/RPA. • Chief Deputy Warden. • Associate Warden, Business Services. • Accounting officer. • Correctional Captain. • Secure all personal property as evidence if directed by watch commander or investigative unit. • Make personal property available to employees authorized to examine it. • All personal property of the deceased at the scene of the death may be released to the coroner upon request for the purpose of assisting their investigation. Upon completion of all investigations and release of property as evidence, all personal property of the deceased will be released to the Associate Warden, Business Services, for disposition. 51070.16

51070.16 Responsibility of Associate Warden Business Services The Associate Warden, Business Services, has a variety of duties pertaining to the death of an inmate that include, but are not limited to: • Assure that the institution has a valid service agreement with local mortuaries to provide for such services as embalming, cremation, caskets, transportation, burial, and other related services in connection with the disposition of the deceased inmate. • Assure that a process has been established for disposition of personal property, funds, and any other resources held in trust for the deceased. • Provide burial clothing and make special arrangement for the use of State materials or services when necessary. Deceased ’ s Funds When an institution holds U.S. Savings Bonds or other securities belonging to a deceased inmate and the institution is entitled to recover costs incurred in connection with the death of an inmate (PC 5061), bonds or securities not exceeding the actual expenses and charges should be liquidated through the office of the public administrator of the county. Excess monies over actual expenses shall be credited to the deceased inmate ’ s trust account. 51070.17

51070.17 Unclaimed Dead Body Revised April 9, 2014 After all reasonable efforts have been exhausted to locate a claimant for the deceased and there is no one to direct disposition, the remains shall be considered an unclaimed dead body. If the body is not claimed for burial, at least ten days after all reasonable efforts have been exhausted to contact the individual(s) listed on the Notification in Case of Inmate Death, Serious Injury, or Serious Illness, it shall be cremated or buried by a licensed mortuary/undertaker in accordance with a previously approved service contract. In the absence of any known relative, or if not claimed by relatives, the Warden may use his/her judgment in offering the body to friends of the deceased or interested private agencies for interment at private expense or with the deceased inmate’s own funds. The coroner or Department may dispose of the unclaimed body pursuant to applicable laws. 51070.18

51070.18 Death Occurring Other than in an Institution The death of an inmate may occur in places other than an institution. This may include, but is not limited to: • Reentry facilities. • While under Parole supervision. • Camps. • In-transit between CDCR facilities. • Off-site work crews. • Community hospital. 51070.18.1

51070.18.1 Parole Upon the death of a parolee, the Parole Agent of record shall: • Obtain a certified copy of the death certificate from the coroner or county clerk. • Prepare a closing summary, CDCR Form 1502, Activity Report. • Forward the closing summary and the death certificate to the regional records officer and the Division of Correctional Health Care Services. In the event the death occurred in another state and the death certificate is not available, the Parole Agent shall obtain: • A letter from a Parole Agent or law enforcement officer from the other jurisdiction verifying that the death certificate or autopsy report has been reviewed. This will serve as verification of death. 51070.18.2

51070.18.2 Reentry Facility In the event of the death of an inmate at a reentry facility the administrator will follow the guidelines set forth in DOM 83080.7. 51070.18.3