Arkansas Administrative Code
Agency 004 - DEPARTMENT OF CORRECTIONS
Rule 004.00.18-002 - AR 855 Investigation and Transportation of Deceased Inmates
Universal Citation: AR Admin Rules 004.00.18-002
Current through Register Vol. 49, No. 9, September, 2024
855 Investigation and Transportation of Deceased Inmates
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
Reference: N/A
Effective Date: 5/21/2018
Supersedes: AR 855
Dated: 5/11/2018
Disclaimer: These regulations may not be the most recent version. Arkansas may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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