711.01     INMATE NEXT OF KIN RECORDS - Upon reception at a Department Reception facility each inmate is required to complete the, Notification in Case of Accident, Serious Illness or Death and Disposition of Personal Property, Form 711-1, to identify the next of kin for notification of hospitalization or death. This information shall be placed in the inmate’s master file and on the appropriate AIMS screen. The inmate shall notify staff of any changes in this information. Information changes shall be updated by unit staff upon transfer from one unit to another.

1.1    Notifications to next of kin shall be made. Whenever possible, the inmate’s consent, or refusal of consent shall be obtained and documented prior to notification.

1.2    During normal business hours the Deputy Warden, in consultation with Inmate Health Services, shall notify:

1.2.1    The unit Chaplain of the specific medical condition of the hospitalized inmate. The unit Chaplain shall notify the next of kin by telephone, when possible. The Chaplain shall prepare and submit an information report.

1.2.2    The Media and Public Relations Office, who will release information relating to an inmate’s hospitalization to the media as outlined in Department Order #207, Media Relations.

1.3    During non-business hours or in the absence of the unit Chaplain, the Off-site Duty Officer and/or Complex Shift Supervisor, in consultation with Inmate Health Services, shall notify:

1.3.1    The next of kin by telephone, when possible or appropriate, and prepare an Information Report. A copy of the Information Report shall be provided to the unit Chaplain for appropriate follow-up.

1.3.2    The Media and Public Relations Office and the Victim Notification Unit who will make notifications as outlined in 1.2.2.

1.4    With the Director’s authorization all notifications to the next of kin, victims or the media may be delayed when security, sound correctional practice, or investigative reasons exist.

711.03    INMATE DEATH NOTIFICATION - In the event of an inmate death:

1.1    A licensed physician, physician's assistant, or registered nurse shall be required to confirm an inmate’s death prior to the initiation of any notifications.

1.2    The Warden, Deputy Warden, Administrator or designee shall immediately notify the local Department Criminal Investigations Unit (CIU), who will notify local law enforcement authorities. Unless specified otherwise in a local agreement, notification shall include the Sheriff of the County in which the prison facility is located.

1.3    Each Department unit and/or Contract Beds facility shall provide assistance to investigators, as needed, and in accordance with Department Order #608, Criminal Investigations. The inmate’s cell and/or location of the body shall be considered a crime scene until released by CIU. Unauthorized staff shall not enter the scene, or collect evidence, without authorization from CIU. Staff shall not touch the body of the deceased except in situations where medical procedures are required.

1.4    During normal business hours the Deputy Warden, in consultation with the Warden and CIU, shall notify the unit Chaplain of the death, who shall notify the next of kin by telephone, when possible.

1.5    During non-business hours or in the absence of the unit Chaplain, the Off-site Duty Officer and/or Complex Shift Supervisor, in consultation with the Warden and CIU shall make the notification to next of kin by telephone and prepare an Information Report. Information shall be provided to the unit Chaplain for appropriate follow-up.

1.6    The Warden, Deputy Warden or designee shall:

1.6.1    Notify the Central Office Communications Center and submit a Significant Incident Report (SIR).

1.6.2    Verbally notify:

1.6.2.1    The appropriate Regional Operations Director.

1.6.2.2    The Division Director for Offender Operations.

1.6.2.3    The Health Services Bureau Administrator.

1.6.2.4    The Mental Health Administrator.

1.6.2.5    The local coroner and request an autopsy.

1.6.2.6    The Media and Public Relations Office.

1.6.2.7    Local CIU, who shall notify the local law enforcement agencies.

1.6.3    Ensure that the Offender Services Bureau Administrator is notified of an inmate’s death if the deceased inmate has an active detainer or is serving a concurrent custody sentence.

1.6.4    Ensure that the Interstate Compact Administrator is notified of an inmate’s death if the inmate is in Department custody under an Interstate Compact agreement.

1.6.5    Ensure that the appropriate consulate office is notified if the deceased inmate is a foreign national. The consulate office may assist in notifying the next of kin and/or family, and in making arrangements to claim the body.

1.6.6    Determine whether it is known that the inmate was a member of a federally recognized Native American Tribe in compliance with ARS§ 36-831. The Department shall assist the Medical Examiner in notifying the tribe if requested, and shall recognize the tribe as next of kin and assist in ensuring that the tribe has the opportunity to provide for burial or other funeral and disposition arrangements.

1.7    Contract Beds staff shall notify the Contract Beds Bureau Administrator if an inmate dies while in custody at a Contact Beds facility.

1.8    Notifications of the death of an inmate by other than perceived apparent natural causes shall be completed as follows:

1.8.1    The Director or designee shall immediately notify the Governor’s Office by telephone, followed by a written notification.

1.8.2    The Department’s Legislative Liaison shall notify:

1.8.2.1    The Chairperson of the Joint Select Committee by telephone within one business day, followed by a written notification.

1.8.2.2    The Speaker of the Arizona House and President of the Arizona Senate by telephone within one business day, followed by a written notification.

1.8.2.3    State legislators in the district where the event of consequence occurred by telephone within one business day, followed by a written notification.

1.8.3    The Department's Criminal Investigations Unit shall notify:

1.8.3.1    The Medical Examiner or Corner immediately by telephone upon confirmation of the death by a licensed physician, physician assistant or nurse practitioner.

1.8.3.2    The County Attorney by telephone within one business day, followed by a written notification.

1.8.3.3    The Local Law Enforcement agency with jurisdiction to issue warrants/power to arrest by telephone within one business day, followed by a written notification.

1.8.3.4    The Local Law Enforcement agency with jurisdiction to investigate by telephone within one business day, followed by a written notification.

1.9    Information relating to an inmate’s death shall only be released to the media by authorized employees and as outlined in Department Order #207, Media Relations. Notifications to media shall be made by News Release via email within one business day, except where public safety warrants otherwise.

1.9.1    Information on the deceased inmate shall not be released prior to the documented notification of next of kin and the generation of victim notifications. Media and Public Relation staff shall verify that these notifications have been made prior to the release of any information to the media.

1.10    Health Services Bureau Administrator shall:

1.10.1    Obtain and file a copy of the signed death certificate.

1.10.2    Forward a copy of the signed death certificate to the Central Office Offender Information Unit for placement in the inmate’s master file.

1.10.3    Obtain copies of the autopsy and toxicology reports within ten work days of the inmate death, or when these reports are made available from the County Coroner.

1.1    The deceased inmate’s funds, property, and assets held by the Department shall be applied toward any costs accrued by the Department associated with the cremation or other related expenses.

1.2    Prior to the inmate’s property or funds being released, the next of kin or family member will be required to complete an Affidavit for Collection of Personal Property, Form 909-2.

1.3    Wardens, Deputy Wardens or designee shall ensure that the deceased inmate's property is inventoried, secured and released in accordance with Department Order #909, Inmate Mail/Property System.

1.3.1    If the deceased inmate's estate is probated, the property shall be released to the personal representative of the deceased inmate's estate upon presentation of a claim for collection of the property or court order.

1.3.2    A copy of the testamentary letters appointing the deceased inmate’s personal representative shall be presented to the Warden or Deputy Warden for verification of authority.

1.3.3    If the deceased inmate’s estate is not probated, the property shall be released to the deceased inmate’s successor or heir upon presentation of a completed and notarized Affidavit for Collection of Personal Property.

1.3.3.1    The affidavit shall contain a statement that the value of the property in the estate does not exceed $50,000, and that 30 days have elapsed since the inmate's death. Any checks shall be made payable to the person who presents the notarized affidavit.

1.4    The original copy of the claim and testamentary letter or affidavit shall become a permanent part of the inmate's property file. The property file shall be forwarded to the Offender Services Bureau, Offender Information Unit, for incorporation into the inmate's master record file.

1.5    If the deceased inmate is a minor (i.e., under the age of 18), the property may be released to the guardian of record. Release of property shall be documented.

1.1    Within 72 hours following the death of an inmate the Facility Health Administrator of the affected institution shall convene a Mortality Review Committee in accordance with Department Order #1105, Inmate Mortality/Morbidity Review.

Wardens may develop an Institution Order that addresses:

• Local notification of authorities/Department notification .

• Next of kin notification.

• Property and personal effects disposition procedures.

• Disposition of remains.