Arkansas Administrative Code › Agency 004 - DEPARTMENT OF CORRECTIONS › Rule 004.00.20-026 - AR 855 Investigation and Transportation of Deceased Inmates

Current through Register Vol. 49, No. 6, June, 2024
I.
POLICY
:
To ensure proper notification of all inmate deaths in accordance
			 with Arkansas law, and in order to conduct relevant investigations into the
			 Manner and Cause of Death. To provide guidelines for the transfer of deceased
			 inmates to the State Crime Laboratory's Medical Examiner's Office.
II.
EXPLANATION
:
A. It is the procedure that the County
		  Coroner and the State Medical Examiner shall be notified of all deaths that
		  occur within a correctional facility. (A.C.A. §
								12-12-315(b)
		  )
B. If the Department determines
		  that the death falls in to one or more of the categories below, the deceased
		  shall be transferred to the Arkansas State Crime Laboratory for examination.
1. Death due to violence
2. Known or suspected non-natural
		  death
3. Unexpected or unexplained
		  death
4. Death occurring under an
		  unusual or suspicious circumstance
5. Death known or suspected to be caused by
		  disease constituting a threat to public health
6. Death of a person not under the care of a
		  physician
7. Forensic medical
		  examination requested by the Director of the Department of Correction or his or
		  her designee if the person was in the care, custody, or control of the
		  Department of Correction at the time of death
C. In the case of the death of a person under
		  the care of a physician for the thirty-six (36) hours preceding death, the
		  deceased will not be transferred to the Arkansas State Crime Laboratory if the
		  inmate's emergency contact or next of kin has signed a waiver for examination,
		  unless the Department of Correction makes a specific request under B (7)
		  above.
D. The responsibility of
		  affording this transportation in all cases will be handled by the Arkansas
		  State Crime Laboratory. The investigating agency shall obtain certain
		  information and evidence at the scene to assist in making a diagnosis as to the
		  cause of death
E. For all deaths
		  that occur within a correctional facility the following items will be sent with
		  the deceased inmate's body: (Records must be kept indicating what material was
		  sent. The original records will be kept at the unit.)
1. Investigation report of incident (clinical
		  notes or findings).
2. Copy of the
		  initial investigation at the scene with formal findings forwarded as soon as
		  available.
3. Either a descriptive
		  report of materials found at the scene or, if available, samples of any or all
		  toxic substances.
F. The
		  Arkansas State Crime Laboratory may provide for an on-site inspection and
		  investigation of the death. All arrangements and requests for additional
		  information will be coordinated through the office of the Arkansas Department
		  of Correction Medical Services Administrator.
G. A death from "Natural Causes" includes any
		  death that was expected due to age, or previously diagnosed illnesses/injuries.
		  In such cases, transfer to the Arkansas State Crime Laboratory's Medical
		  Examiner's Office is not required, but may be requested by the Director of the
		  Arkansas Department of Correction, or his designee, on a case-by-case basis.
1. If an inmate dies due to age or a
		  previously diagnosed illness/injury (ies), it will typically be appropriate to
		  consult with one of the Medical Examiners (ME), rather than transferring the
		  remains to the Arkansas State Crime Laboratory's Medical Examiner's Office. A
		  Medical Examiner Consultation (MEC) is appropriate when the cause and manner of
		  death are reasonably known, the death does not fall into any of the categories
		  described above, and a forensic medical examination is unlikely to yield any
		  additional significant information regarding the death.
2. The consulting Medical Examiner will
		  prepare a report including the date, the reporting party, the name, age, and
		  sex of the deceased, a short summary of the history, and a recommendation for
		  cause and manner of death. It is signed by the consulting ME and sent by fax or
		  mailed to the reporting party at the Arkansas Department of Correction.
Board Approval Date: 5/11/2018
Effective Date: 5/21/2018