Idaho Administrative Code › Title IDAPA 06 - Correction, Department of › Rule 06.01.01 - RULES OF THE BOARD OF CORRECTION › Subchapter A - IDAHO DEPARTMENT OF CORRECTION › Section 06.01.01.312 - DECEASED INMATES

Current through August 31, 2023
01.
Notifications
. Upon verification of the death of an incarcerated
				inmate, the facility head or designee shall notify the coroner of the county in
				which the facility is located and the offender's family in accordance with
				emergency contact information on file with the facility. (7-1-21)
02.
Autopsy and Inquest
. The
				coroner shall determine if an autopsy should be performed in accordance with
				state law and the interests of the public. The Department shall seek an autopsy
				in all cases of violent or sudden and unexpected death. The coroner shall hold
				an inquest as required by Section
				31-2801, Idaho Code, unless the
				autopsy was waived. (7-1-21)
03.
Delivery of the Body to a Funeral Home
. As soon as possible after
				the death of the incarcerated inmate, the facility head or designee shall
				arrange for the body to be delivered to coroner or a funeral home. The deceased
				inmate's family, shall be told where the body may be claimed and if the family
				claims the body, the family shall be responsible for all costs of interment.
				(7-1-21)
04.
Body Not
				Claimed
. In cases where the coroner has performed an autopsy and the
				body has been released but not claimed, or where the body has not been claimed
				within seventy-two (72) hours after death and a reasonable and good faith
				effort was made to notify the deceased inmate's family, the facility head or
				designee shall arrange with a funeral home for interment. If there is not
				sufficient property in the estate of the deceased inmate to pay the necessary
				expenses of interment, the expenses are a legal charge against the county where
				the facility is located pursuant to Section
				31-2802, Idaho Code. The director
				of the Department may, in their sole discretion, accept financial
				responsibility for the costs of interment on behalf of the Department. When the
				Department accepts financial responsibility for the costs of interment, the
				interment will be by cremation. (7-1-21)
05.
Disposition of Money and
				Property
. After the death of an incarcerated inmate, the facility head
				or designee will make a good-faith effort to locate the person or charitable
				organization the deceased inmate designated in emergency contact information to
				receive their money and property after interment and property mailing has been
				finalized. The deceased individual's money will first be applied to cover the
				interment, unless their family or friends take financial responsibility for
				those costs. Next, if any money remains, the deceased individual's money will
				be applied to the costs associated with mailing their property to the person or
				charitable organization designated to receive the property. If no money remains
				to cover the mailing cost, the person or charitable organization will make
				arrangements with the facility to pick-up the property, or the property will be
				disposed of in accordance with Department standard operating procedure.
				Finally, any money remaining shall be released by the Department to the person
				or charitable organization designated by the deceased individual. (7-1-21)
a. If the Department is unable to locate the
				person or charitable organization designated to receive the deceased inmate's
				money, the Department will hold the money for up to two (2) fiscal years and
				then process the money as unclaimed funds. The Department shall submit all
				unclaimed funds to the Idaho State Treasurer's Office. (7-1-21)
b. If the Department is unable to locate the
				person or charitable organization designated to receive the deceased inmate's
				property, the Department will hold the property for up to one hundred eighty
				(180) days and then donate or destroy the property in accordance with
				Department standard operating procedure. (7-1-21)