The Oregon Administrative Rules contain OARs filed through January 15, 2010

DEPARTMENT OF CORRECTIONS

291-027-0010

Authority, Purpose and Policy

(1) Authority: The authority for this rule is granted to the Director of the Department of Corrections in accordance with ORS 179.040, 423.020, 423.030, and 423.075.

(2) Purpose: The purpose of this rule is to establish uniform guidelines for the proper notification and documentation of an inmate death.

(3) Policy: It is the policy of the Department of Corrections to assure that effective channels of communication exist for prompt and proper reporting and investigation of inmate deaths and for timely and compassionate notification of the emergency contact person.

Stat. Auth.: ORS 179.040, ORS 423.020, ORS 423.030 & ORS 423.075
Stats. Implemented: ORS 179.040, ORS 423.020, ORS 423.030 & ORS 423.075
Hist.: CD 7-1994, f. 3-18-94, cert. ef. 4-1-94

291-027-0020

Definitions

(1) "Boarded Inmate": An inmate housed in an Oregon Department of Corrections facility who has not been sentenced specifically to the Oregon Department of Corrections but has been boarded for another state or federal jurisdiction.

(2) "Department of Corrections Facility": Any institution, facility or staff office, including the grounds, operated by the Department of Corrections.

(3) "Emergency Contact Person": That individual(s) designated by an inmate to be notified in case of an emergency.

(4) "Facility Contact Person": A staff member at each Department facility designated to be responsible for communicating with the inmate's emergency contact person, the hospital (if applicable) and the facility health care staff.

(5) "Functional Unit Manager": Any person within the Department of Corrections who reports either to the Director, an assistant director, or administrator and has responsibility for delivery of program services or coordination of program operations.

(6) "Inmate": Any person under the supervision of the Department of Corrections who is not on parole, post-prison supervision or probation status.

(7) "Officer-in-Charge": That person designated by the functional unit manager to supervise the facility and make operational decisions in accordance with policy, rule or procedure during periods when the functional unit manager or officer-of-the-day are not readily available.

(8) "Officer-of-the-Day": That person designated by the functional unit manager, and approved by the Assistant Director for Institutions Branch, to function on behalf of the functional unit manager in his/her absence.

(9) "Trust Funds": Inmate money in the care and custody of the Department of Corrections that is deposited with the State Treasurer and managed by the Department of Corrections.

Stat. Auth.: ORS 179.040, ORS 423.020, ORS 423.030 & ORS 423.075
Stats. Implemented: ORS 179.040, ORS 423.020, ORS 423.030 & ORS 423.075
Hist.: CD 7-1994, f. 3-18-94, cert. ef. 4-1-94

291-027-0030

Assessment and Security

(1) The first security employee at the scene of a suspected inmate death who is not involved in any rescue or first aid efforts will secure the scene, ascertain the identities of all those present and disperse all unauthorized individuals. Identification cards of all inmates present and dispersed will be gathered for positive identification and for later interviews. The officer-in-charge and facility Health Services staff, if available, will be immediately notified of the suspected death. If Health Services Division staff are not on duty, the Health Services Manager will be notified. Health Services staff will notify the facility Chief Medical Officer.

(2) The officer-in-charge or designee will immediately proceed to the scene of the suspected death and ensure the scene has been secured and all evidence preserved.

(3) The officer-in-charge will designate an employee to maintain the security of the suspected death scene until released by investigators. This employee will initiate a crime scene contamination log (CD 1201D), if appropriate and if so assigned. The scene will be secured and evidence preserved, in accordance with the Department of Corrections procedure on Criminal Evidence Handling (Inspections/Institutions).

(4) When possible, nothing within the death scene area will be moved or touched by anyone unless authorized by the functional unit manager, officer-of-the-day, or officer-in-charge. If something within the death scene area needs to be removed because of a threat to security or for the safety of staff or inmates, such as a weapon, that object will be photographed and diagrammed with relation to the rest of the death scene prior to its removal.

(5) The officer-in-charge will designate one employee as the evidence custodian to be responsible for the handling, marking, packing, and securing of all evidence.

(6) The officer-in-charge will report the incident to the functional unit manager, during normal working hours, officer-of-the-day, and the State Police.

(7) The State Police will take charge of the investigation upon arrival at the suspected death scene.

(8) The State Police will remove and secure all property from the area that may be considered evidence and provide a receipt to the functional unit manager or designee.

(9) Witnesses/suspects will not be interviewed by Department of Corrections employees unless directed to do so by the State Police. Any comments made by suspects or witnesses to Department of Corrections employees will be noted and reported promptly.

(10) The State Police will coordinate with facility staff, the notification of the appropriate medical examiner.

Stat. Auth.: ORS 179.040, ORS 423.020, ORS 423.030 & ORS 423.075
Stats. Implemented: ORS 179.040, ORS 423.020, ORS 423.030 & ORS 423.075
Hist.: CD 7-1994, f. 3-18-94, cert. ef. 4-1-94

291-027-0040

Removal of the Deceased

(1) The deceased and the death scene will be left undisturbed unless authorized under OAR 291-027-0030(4).

(2) When the medical examiner or a licensed physician has officially pronounced the inmate dead, he/she will coordinate with the functional unit manager or designee, the removal of the deceased to the appropriate mortuary.

(3) The deceased inmate will be fingerprinted at a time and place determined by the State Police.

Stat. Auth.: ORS 179.040, ORS 423.020, ORS 423.030 & ORS 423.075
Stats. Implemented: ORS 179.040, ORS 423.020, ORS 423.030 & ORS 423.075
Hist.: CD 7-1994, f. 3-18-94, cert. ef. 4-1-94

291-027-0050

Internal Notifications

(1) The officer-of-the-day will report to the facility and make the necessary notifications in accordance with the Department of Corrections procedure on Reporting of Unusual Incidents.

(2) The officer-of-the-day will notify the functional unit manager, assistant superintendent, security manager, the Internal Affairs Office and the Department Communications Manager.

(3) The Department Communications Manager is responsible for reporting the incident to the appropriate assistant director and the Director. This responsibility may be delegated to the functional unit manager.

(4) The officer-of-the-day will ensure that the designated records officer is notified.

Stat. Auth.: ORS 179.040, ORS 423.020, ORS 423.030 & ORS 423.075
Stats. Implemented: ORS 179.040, ORS 423.020, ORS 423.030 & ORS 423.075
Hist.: CD 7-1994, f. 3-18-94, cert. ef. 4-1-94

291-027-0060

Additional Notifications

(1) As soon as possible, after the death, the officer-of-the day will contact the emergency contact person(s) as stipulated in the inmate's file:

(a) Means of communication, in order of priority:

(A) Telephone directly; or

(B) If the telephone number is not available or repeated attempts to telephone are not successful, telephone or teletype the local law enforcement agency or State Police to convey the message and, if possible, have the emergency contact person(s) contact the officer-of-the-day or facility contact staff member by telephone; or

(C) If the law enforcement authorities are unable to assist, teletype the Parole and Probation staff in the area where the emergency contact person(s) resides; or

(D) Send a telegram to the emergency contact person(s).

(b) Providing Information:

(A) The cause of death will not be released until a death certificate has been signed. No specific details shall be provided without the authorization of the State Police and the facility functional unit manager nor shall the notifying staff member engage in speculation concerning the possible cause of death;

(B) The notifying staff member shall inform the emergency contact person(s) of the name and telephone number of the mortuary where the deceased has been taken. It shall either be requested that the emergency contact person(s) contact the funeral home for further instructions or the notifying staff member may make arrangements for the funeral home to contact the emergency contact person(s);

(C) The emergency contact person(s) shall be given the name, telephone number and estimated time and date to contact a designated facility staff member for additional information.

(2) The functional unit manager or designee will notify, within 24 hours, the administrator of the sentencing jurisdiction for a boarded inmate.

Stat. Auth.: ORS 179.040, ORS 423.020, ORS 423.030 & ORS 423.075
Stats. Implemented: ORS 179.040, ORS 423.020, ORS 423.030 & ORS 423.075
Hist.: CD 7-1994, f. 3-18-94, cert. ef. 4-1-94

291-027-0070

Property and Fund Disposition

(1) The officer-in-charge will assure that an inventory is completed of the inmate's personal property and that it is stored in a secure location. The original property list will remain with the property, with other copies being sent to the security manager and to the inmate clothing/property room or receiving/release unit supervisor.

(2) Arrangements will be made by the officer-of-the-day or designee to have the property released to the emergency contact person(s) (when property release has been approved by the State Police). The person(s) receiving the property will be required to sign a receipt for the property after showing proper identification.

(3) The functional unit manager or designee shall notify the Central Trust Unit of all inmate deaths, including inmate SID# and name of funeral home. Trust funds from the deceased inmate's account will be used to offset any expenses related to the death incurred by the Department of Corrections. When the debts are satisfied, the remaining trust funds will be made payable to the estate of the inmate and the check will be released to the emergency contact person.

(4) If an emergency contact person is not listed on the emergency notification form, the funds will be dispersed in accordance with the Department of Corrections rule on Trust Accounts (Inmate).

Stat. Auth.: ORS 179.040, ORS 423.020, ORS 423.030 & ORS 423.075
Stats. Implemented: ORS 179.040, ORS 423.020, ORS 423.030 & ORS 423.075
Hist.: CD 7-1994, f. 3-18-94, cert. ef. 4-1-94

291-027-0080

Death Outside the Facility

(1) Prior to Inmate Death: When imminent death can be predicted, Health Services Division staff will work with the officer-of-the-day to ensure that all appropriate notifications are completed in advance, including the medical examiner.

(2) Upon Death of Inmate: The first employee on a suspected death scene will secure the scene, disperse all unauthorized individuals, and ascertain the identities of all those present.

(3) The employee will immediately notify the officer-in-charge.

(4) The officer-in-charge will immediately report the incident to the officer-of-the-day, Health Services, and the State Police. If Health Services Division staff are not on duty, the Health Services Manager will be notified. The Health Services staff will notify the facility Chief Medical Officer.

(5) The State Police will determine whether or not they should be present at the death scene. If they determine they should be present, they will take charge of the death scene upon arrival.

(6) The State Police will determine if the suspected death scene will remain secure or if the body will be released.

(7) The State Police will coordinate the notification of the appropriate medical examiner with Department staff.

(8) When the medical examiner or licensed physician has officially pronounced the inmate dead, the functional unit manager or designee will contact the appropriate mortuary and arrange removal of the deceased.

(9) Fingerprinting of inmate by State Police, notifications and property fund disposition will be accomplished as previously cited in this rule.

(10) The officer-of-the-day will ensure that the designated records officer is notified.

Stat. Auth.: ORS 179.040, ORS 423.020, ORS 423.030 & ORS 423.075
Stats. Implemented: ORS 179.040, ORS 423.020, ORS 423.030 & ORS 423.075
Hist.: CD 7-1994, f. 3-18-94, cert. ef. 4-1-94