Mass. Gen. Laws ch. 40, sec. 36A — MA Code / Part I / Title VII / Chapter 40 / Section 36A
Report of death or suicide of lockup inmates; records of attempts at, or threats of, suicide
Status: in_force

Section 36A. Whenever a person is in police custody and commits suicide or dies at a lockup facility established pursuant to the provisions of section thirty-four of chapter forty, or under the jurisdiction of the metropolitan police, or whenever a person in police custody inflicts self-injury at a lockup facility which subsequently results in his death, the officer in charge of the lockup facility shall make a report of such incident, identifying the deceased and describing the circumstances of such death. One copy of said report shall be sent, within seven days of such death, together with copies of any incident pertaining thereto to the medical examiner's office in the county wherein such incident occurred, and one copy of said report shall be retained in the lockup files. Said report shall be in addition to the requirement of notification pursuant to section six of chapter thirty-eight. Upon receipt for said reports, the medical examiner may send a copy, together with a copy of each incident report, autopsy reports and medical examiner's reports, upon request, to the next of kin of the deceased person. Upon request for said reports by the next of kin of the deceased, the medical examiner shall furnish said reports within fourteen days of the request. If an autopsy is performed, the next of kin may have a physician of his own choice present. The next of kin may waive this right in writing, or, if next of kin fails to designate a physician within forty-eight hours of the death, the right will be considered waived. Whenever a person in police custody attempts or threatens suicide at a lockup facility, the officer in charge of the lockup shall, within twenty-four hours of such incident, record in the department of criminal justice information services computer the name, address, and the age of such person, the charge or reason for such detention and the nature and date of said attempt or threat. Such information shall be made part of the criminal offender record information system. It shall be disseminated only to those agencies and offices authorized under section one hundred and seventy-two of chapter six. Whenever a person in police custody attempts or threatens suicide at a lockup facility and said person is transferred to another lockup facility, the officer in charge shall notify in writing the receiving lockup facility of the exact nature of said attempt or threat.

Section 36A. Whenever a person is in police custody and commits suicide or dies at a lockup facility established pursuant to the provisions of section thirty-four of chapter forty, or under the jurisdiction of the metropolitan police, or whenever a person in police custody inflicts self-injury at a lockup facility which subsequently results in his death, the officer in charge of the lockup facility shall make a report of such incident, identifying the deceased and describing the circumstances of such death. One copy of said report shall be sent, within seven days of such death, together with copies of any incident pertaining thereto to the medical examiner's office in the county wherein such incident occurred, and one copy of said report shall be retained in the lockup files. Said report shall be in addition to the requirement of notification pursuant to section six of chapter thirty-eight.

Upon receipt for said reports, the medical examiner may send a copy, together with a copy of each incident report, autopsy reports and medical examiner's reports, upon request, to the next of kin of the deceased person. Upon request for said reports by the next of kin of the deceased, the medical examiner shall furnish said reports within fourteen days of the request. If an autopsy is performed, the next of kin may have a physician of his own choice present. The next of kin may waive this right in writing, or, if next of kin fails to designate a physician within forty-eight hours of the death, the right will be considered waived.

Whenever a person in police custody attempts or threatens suicide at a lockup facility, the officer in charge of the lockup shall, within twenty-four hours of such incident, record in the department of criminal justice information services computer the name, address, and the age of such person, the charge or reason for such detention and the nature and date of said attempt or threat. Such information shall be made part of the criminal offender record information system. It shall be disseminated only to those agencies and offices authorized under section one hundred and seventy-two of chapter six.

Whenever a person in police custody attempts or threatens suicide at a lockup facility and said person is transferred to another lockup facility, the officer in charge shall notify in writing the receiving lockup facility of the exact nature of said attempt or threat.