An Act To Require a Medical Examiner To Detennine whether an Autopsy Is Needed in the Case of the Death of a Prisoner in a Correctional Facility
Maine Legislature, Session 125, LD 0168
Committee Amendment CA_A_H86 (House)
Amends: 22 MRSA §3025, 30-A MRSA §1562-A

COMMITTEE AMENDMENT "A " to H.P. 145, L.D. 168, Bill, "An Act To 
Require a Medical Examiner To Detennine whether an Autopsy Is Needed in the Case of 
the Death of a Prisoner in a Correctional Facility" 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 22 MRSA §3025, sub-§l, ~D, as repealed and replaced by PL 1985, c. 
611, §6, is amended to read: 
D. Death when the person is in custody pursuant to an arrest, confined in a state 
correctional facility, county institution.iJill, other correctional facility or local lockup, 
unless clearly certifiable by an attending physician as due to specific natural causes or 
is in transport between any of these places while in the custody of a law enforcement 
officer or county or state corrections official; 
Sec. 2. 30-A MRSA §1562-A is enacted to read: 
§1562-A. Death of a prisoner 
When a prisoner in county or state custody dies, an examination and inquest must be 
held, and the commissioner or the chief administrative officer of the facility shall cause a 
medical examiner to be immediately notified for that purpose pursuant to Title 22, section 
3025. For purposes of this section, "county or state custody" means custody pursuant to 
an arrest, confinement in a state correctional facility, county jail, other correctional 
facility or local lockup or when the prisoner is in transport between any of these places 
while in the custody of a law enforcement officer or county or state corrections official. 
The medical examiner shall also review the case file and relevant medical records and 
determine whether an autopsy is needed. If the medical examiner detennines that an 
autopsy is needed, an autopsy must be performed. 
Sec. 3. 30-A MRS A §1563, as enacted by PL 1987, c. 737, Pt. A, §2 and Pt. C, 
§106 and amended by PL 1989, c. 6; c. 9, §2; and c. 104, Pt. C, §§8 and 10, is further 
amended to read: 
COMMITTEE AMENDMENT 
( 
COMMITTEE AMENDMENT "n "to H.P. 145, L.D. 168 
§1563. Disposal of body of person who died in jail 
When a person dies in jail and if the medical examiner determines that an autopsy is 
not needed under section 1562-A, the jailer or sheriff shall deliver the body to the friends 
of the deceased, if rcquested. 
Otherwise, the jailer or sheriff shall dispose of it for 
anatomical purposes, as provided in Title 22, chapter 709, unless the deceased at any time 
requested to be buried, in which case the jailer or sheriff shall bury the body in the 
common burying ground and the burial expenses shaR must be paid by the municipality 
in which the deceased had a residence, if any in the State~ or, if not, by the State. 
Sec. 4. 34-A MRS A §3045, as amended by PL 1991, c. 314, §49, is further 
amended to read: 
§3045. Death of client 
When the death of any client in any correctional or detention facility is not clearly the 
result of natural causes county or state custody dies, an examination and inquest must be 
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held as in other cases, and the commissioner or the chief administrative officer of the 
facility shall cause a medical examiner to be immediately notified for that purpose 
pursuant to Title 22, section 3025. For purposes of this section, "county or state custody" 
means custody pursuant to an an'est, confinement in a state correctional facility, county 
jail, other correctional facility or local lockup or when the prisoner is in transport between 
any of these places while in the custody of a law enforcement officer or county or state 
corrections official. The medical examiner shall also review the case file and relevant 
medical records and detennine whether an autopsy is needed. If the medical examiner 
detennines that an autopsy is needed, an autopsy must be perfonned.' 
SUMMARY 
This amendment replaces the bill and amends the statute regarding medical examiner 
cases to specify that a medical examiner case may exist and must be reported when a 
person dies in custody pursuant to an arrest or confinement in a state correctional facility, 
county jail, other correctional facility or local lockup or while in transport between any of 
these places while in the custody of a law enforcement officer or county or state 
corrections official. The amendment removes the current exception covering a prisoner's 
death that is due to specific natural causes that are clearly certifiable by an attending 
physician, This means that whenever a death occurs in these circumstances, the death 
must be reported to the Chief Medical Examiner, and the Chief Medical Examiner must 
then determine whether the case is a medical examiner case. 
The amendment also 
amends the provision in the Maine Revised Statutes, Title 34-A regarding the unnatural 
death of a client to be consistent with the Chief Medical Examiner's responsibilities 
described under Title 22, chapter 711. 
COMMITTEE AMENDMENT