Chapter 22. Inmate Deaths
Regulation .01 Definitions.LinkCopy Citation
A.
In this chapter, the following terms have the meanings indicated.
B.
Terms Defined.
(1)
“Commissioner” means Commissioner of the Division of Correction or designee.
(2)
“Division” means Division of Correction.
(3)
“Family member” means a person who is immediately related to an inmate by blood or law including:
(a)
Spouse;
(b)
Child who is at least 18 years old;
(c)
Parent;
(d)
Sibling;
(e)
Grandparent; and
(f)
Grandchild who is at least 18 years old.
(4)
“Indigent inmate” means an inmate who, at the time of death, is under control of the Division and who does not have:
(a)
Sufficient funds to pay for funeral and burial expenses;
(b)
A person legally responsible for the inmate's support who is able to pay funeral and burial expenses; or
(c)
Resources available including family funds, death benefits, estate, or an inmate account, which may be used to pay funeral and burial expenses.
(5)
“Police” means the Baltimore City Police Department for a Baltimore facility and a local State Police installation for another facility.
Regulation .02 Handling Death of Inmate.LinkCopy Citation
A.
The Commissioner shall ensure that each warden takes the following actions when an inmate death occurs within an institution:
(1)
Notifications by shift commander or designee shall include the:
(a)
Local police;
(b)
Division Deputy Commissioner during normal business hours;
(c)
Division duty officer during nonbusiness hours;
(d)
Director of Health Services or designee at Division headquarters.
(2)
The shift commander shall preserve the scene, and after receiving clearance to do so from the investigating agency, appropriate staff shall inventory and secure the deceased inmate's property within the institution.
(3)
For the purpose of positive identification, the institutional identification officer shall take fingerprints of the deceased and prepare a notice of death for the Federal Bureau of Investigation.
(4)
The institution shall obtain two copies of the autopsy report when appropriate. The autopsy reports shall be distributed as follows:
(a)
One copy shall be placed in the inmate base file; and
(b)
One copy shall be forwarded to Division headquarters for inclusion in the serious incident report.
(5)
The next of kin shall be notified by the institution chaplain or designee.
B.
When an inmate is known to have died while in a hospital other than a Division of Correction hospital, the Commissioner shall ensure that the following action is taken after the medical doctor on the scene has pronounced the inmate dead. The responsible correctional officer on duty at the hospital at the time of the inmate's death shall:
(1)
Notify the institutional shift commander, and the shift commander or designee shall notify the Director of Health Services, Division headquarters;
(2)
Obtain a receipt for the body before leaving the hospital;
(3)
Inventory the inmate's personal possessions at the hospital; and
(4)
Return the property to the institutional property officer.
C.
When an inmate is known to have died of natural causes in a Division of Correction hospital or medical unit, the Commissioner shall ensure that each warden takes the following actions after the medical doctor on the scene has pronounced the inmate dead:
(1)
Notify the institution shift commander, and the shift commander or designee shall notify the Director of Health Services, Division headquarters;
(2)
Obtain a receipt for the body before leaving the hospital;
(3)
Inventory the inmate's personal possessions in the hospital; and
(4)
Return the property to the institutional property officer.
D.
After the required immediate actions have been taken and the initial notifications have been made, the Commissioner shall ensure that a warden:
(1)
Secures three copies of the death certificate from the Division of Vital Records to be distributed as follows:
(a)
One copy shall be placed in the inmate's base file,
(b)
One copy shall be given or mailed to the next of kin, and
(c)
One copy shall be included in the serious incident report;
(2)
Ensures that the provisions of Regulation .03 are followed in cases when the next of kin intends to claim the body, when both the next of kin and the inmate are indigent;
(3)
Advises the next of kin to seek assistance of legal counsel to obtain authority to receive the personal property of the inmate;
(4)
In accordance with Division regulations:
(a)
Releases the inmate's personal property and money to a person who produces a letter of administration issued by a court,
(b)
Obtains a receipt and files it with the inmate's base file.
Regulation .03 Eligibility for Funeral and Burial Expenses of Indigent Inmates.LinkCopy Citation
A.
The warden or designee shall refer a family member of the deceased indigent inmate to the Department of Human Services for the determination of the indigent inmate's eligibility for funeral and burial funds.
B.
The Commissioner shall ensure that a family member who assumes responsibility for burial is known to the Maryland Department of Human Services by current eligibility for one of the following:
(1)
Cash benefit support;
(2)
Food stamps; or
(3)
Medical assistance.
C.
The Commissioner shall ensure the verification of current eligibility is determined by confirmation from a local agency of the Maryland Department of Human Services.
D.
A family member assuming responsibility for burial shall visit the local Department of Human Services agency to complete the appropriate form to initiate application for Division funeral and burial expenses.
E.
Upon eligibility confirmation and receipt of the vendor's billing statement, the funds shall be paid by the Division directly to the funeral director of the family's choice.
F.
The amount of the eligibility entitlement supplements available funds, including the inmate's account, as specified in Article 88A, Sec. 62A, Annotated Code of Maryland.
G.
If the body of the indigent inmate is not claimed within 48 hours, the warden or warden's designee shall coordinate disposition of the body with the State Anatomy Board.
Chapter annotations
Authority: Correctional Services Article, §2-109(c), Annotated Code of Maryland
History: Effective date: May 27, 1991 (18:10 Md. R. 1117)