Sec. 12.12.21.01. Death of an Inmate

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) "Family member" means a person who is immediately related to an inmate by blood or law, including a:

(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.

(2) "Indigent inmate" means an inmate who, at the time of death, is under the control of the Institution and who has:

(a) Insufficient funds to pay for funeral and burial expenses;

(b) No person legally responsible for his or her support who is able to pay funeral and burial expenses; or

(c) No resources available, including family funds, death benefits, estate, or inmate account, which may be used to pay funeral and burial expenses.

(3) "Inmate" means an eligible person, as defined in COMAR 12.12.01.03B(9).

(4) "Medical examiner" means the Baltimore City Medical Examiner for the reentry facility located in Baltimore City and the Howard County Medical Examiner for the main Jessup facility.

(5) "Police" means the Baltimore City Police for the reentry facility located in Baltimore City and the State Police for the main Jessup facility.

C. Upon discovery of the death of an inmate, medical services staff or the senior shift supervisor shall immediately notify the following authorities:

(1) Secretary;

(2) Director;

(3) Warden;

(4) Associate Director of Treatment;

(5) Police; and

(6) Medical Examiner.

D. After receiving clearance to do so by the appropriate investigating agency, Institution staff shall:

(1) Immediately inventory and secure the deceased inmate's property;

(2) Take the fingerprints of the deceased for the purpose of positive identification; and

(3) Prepare a notice of death for the Federal Bureau of Investigation.

E. Upon official pronouncement of death, the Director shall contact the decedent's next of kin. The identity of a deceased inmate may not be released to the media until the next of kin have been notified.

F. The Institution shall obtain two copies of the autopsy report when appropriate. One copy shall be placed in the inmate's base file and one copy shall be forwarded to the Director for inclusion in the serious incident report.

G. If an inmate is known to have died of natural causes while in the Institution's infirmary, or while in an outside hospital, the following action shall be taken after a medical doctor on the scene has pronounced the inmate dead:

(1) The responsible officer on duty at the infirmary or the hospital at the time of the inmate's death shall:

(a) Immediately notify the Institution shift commander or the officer in charge,

(b) Obtain a receipt for the body before leaving the infirmary or the hospital, and

(c) Inventory the inmate's personal possessions at the infirmary or the hospital and return the property to the Institution property officer;

(2) The Associate Director of Treatment shall be notified by the shift commander or the officer in charge.

H. After the required immediate actions have been taken and the initial notifications have been made, the Warden shall secure three copies of the death certificate from the Maryland Department of Health, Division of Vital Records, to be distributed as follows:

(1) One copy shall be placed in the inmate's base file;

(2) One copy shall be given or mailed to the next of kin for use in settling the estate of the deceased; and

(3) One copy shall be included in the serious incident report.

I. The Warden shall ensure that the provisions of Regulation .02 of this chapter are followed in cases when the next of kin intends to claim the body of the deceased inmate, if both the next of kin and the inmate are indigent.

J. The Warden shall advise the next of kin to seek the assistance of legal counsel to obtain authority to receive the personal property of the deceased inmate, and shall follow the procedures described in COMAR 12.12.26.03B in disposing of the deceased inmate's inventoried possessions.