PREVIOUS
12 CAR § 70-210. Investigation and transportation of deceased inmates
12 CAR § 70-210. Investigation and transportation of deceased inmates.
(a) Policy.
(1) 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.
(2) To provide guidelines for the transfer of deceased inmates to the State Crime Laboratory’s Medical Examiner’s office.
(b) Explanation.
(1)(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.
(B) Arkansas Code § 12-12-315(b).
(2) If the Division of Correction determines that the death falls in to one (1) or more of the categories below, the deceased shall be transferred to the State Crime Laboratory for examination:
(A) Death due to violence;
(B) Known or suspected non-natural death;
(C) Unexpected or unexplained death;
(D) Death occurring under an unusual or suspicious circumstance;
(E) Death known or suspected to be caused by disease constituting a threat to public health;
(F) Death of a person not under the care of a physician; or
(G) Forensic medical examination requested by the Director of the Division of Correction or his or her designee if the person was in the care, custody, or control of the division at the time of death.
(3) 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 State Crime Laboratory if the inmate’s emergency contact or next of kin has signed a waiver for examination, unless the division makes a specific request under subdivision (b)(2)(G) of this section.
(4)(A) The responsibility of affording this transportation in all cases will be handled by the State Crime Laboratory.
(B) The investigating agency shall obtain certain information and evidence at the scene to assist in making a diagnosis as to the cause of death.
(5)(A) For all deaths that occur within a correctional facility the following items will be sent with the deceased inmate’s body:
(i) Investigation report of incident (clinical notes or findings);
(ii) Copy of the initial investigation at the scene with formal findings forwarded as soon as available; and
(iii) Either a descriptive report of materials found at the scene or, if available, samples of any or all toxic substances.
(B)(i) Records must be kept indicating what material was sent.
(ii) The original records will be kept at the unit.
(6)(A) The State Crime Laboratory may provide for an on-site inspection and investigation of the death.
(B) All arrangements and requests for additional information will be coordinated through the office of the Medical Services Administrator of the Division of Correction.
(7)(A)(i) A death from natural causes includes any death that was expected due to age or previously diagnosed illnesses/injuries.
(ii) 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 or his or her designee on a case-by-case basis.
(B)(i) If an inmate dies due to age or a previously diagnosed illness/injury or injuries, it will typically be appropriate to consult with one of the medical examiners (ME), rather than transferring the remains to the State Crime Laboratory’s Medical Examiner’s office.
(ii) A medical examiner consultation is appropriate when:
(a) The cause and manner of death are reasonably known;
(b) The death does not fall into any of the categories described above; and
(c) A forensic medical examination is unlikely to yield any additional significant information regarding the death.
(C)(i) The consulting medical examiner will prepare a report including:
(a) The date;
(b) The reporting party;
(c) The name, age, and sex of the deceased;
(d) A short summary of the history; and
(e) A recommendation for cause and manner of death.
(ii) It is signed by the consulting ME and sent by fax or mailed to the reporting party at the division.
"Section Number: 855
Page Number: 1 of 2
Board Approval Date: 5/11/2018
Supersedes: AR 855
Dated: 5/11/2018
Reference: N/A
Effective Date: 5/21/2018"