Idaho Admin. Code r. 06.01.01.312

Current through August 31, 2023
Section 06.01.01.312 - DECEASED INMATES
01.Notifications. Upon verification of the death of an incarcerated inmate, the facility head or designee shall notify the coroner of the county in which the facility is located and the offender's family in accordance with emergency contact information on file with the facility. (7-1-21)
02.Autopsy and Inquest. The coroner shall determine if an autopsy should be performed in accordance with state law and the interests of the public. The Department shall seek an autopsy in all cases of violent or sudden and unexpected death. The coroner shall hold an inquest as required by Section 31-2801, Idaho Code, unless the autopsy was waived. (7-1-21)
03.Delivery of the Body to a Funeral Home. As soon as possible after the death of the incarcerated inmate, the facility head or designee shall arrange for the body to be delivered to coroner or a funeral home. The deceased inmate's family, shall be told where the body may be claimed and if the family claims the body, the family shall be responsible for all costs of interment. (7-1-21)
04.Body Not Claimed. In cases where the coroner has performed an autopsy and the body has been released but not claimed, or where the body has not been claimed within seventy-two (72) hours after death and a reasonable and good faith effort was made to notify the deceased inmate's family, the facility head or designee shall arrange with a funeral home for interment. If there is not sufficient property in the estate of the deceased inmate to pay the necessary expenses of interment, the expenses are a legal charge against the county where the facility is located pursuant to Section 31-2802, Idaho Code. The director of the Department may, in their sole discretion, accept financial responsibility for the costs of interment on behalf of the Department. When the Department accepts financial responsibility for the costs of interment, the interment will be by cremation. (7-1-21)
05.Disposition of Money and Property. After the death of an incarcerated inmate, the facility head or designee will make a good-faith effort to locate the person or charitable organization the deceased inmate designated in emergency contact information to receive their money and property after interment and property mailing has been finalized. The deceased individual's money will first be applied to cover the interment, unless their family or friends take financial responsibility for those costs. Next, if any money remains, the deceased individual's money will be applied to the costs associated with mailing their property to the person or charitable organization designated to receive the property. If no money remains to cover the mailing cost, the person or charitable organization will make arrangements with the facility to pick-up the property, or the property will be disposed of in accordance with Department standard operating procedure. Finally, any money remaining shall be released by the Department to the person or charitable organization designated by the deceased individual. (7-1-21)
a. If the Department is unable to locate the person or charitable organization designated to receive the deceased inmate's money, the Department will hold the money for up to two (2) fiscal years and then process the money as unclaimed funds. The Department shall submit all unclaimed funds to the Idaho State Treasurer's Office. (7-1-21)
b. If the Department is unable to locate the person or charitable organization designated to receive the deceased inmate's property, the Department will hold the property for up to one hundred eighty (180) days and then donate or destroy the property in accordance with Department standard operating procedure. (7-1-21)
06.Inmates Housed in Non-Department Facilities. If an incarcerated inmate in the custody of the Board dies while housed in a non-Department facility, the Department shall pay for costs of disposition of the body, unless other arrangements are stated in an agreement or contract with the non-Department facility or unless the family claims the body. (7-1-21)

Idaho Admin. Code r. 06.01.01.312