Section 3999.417 - Incarcerated Person Deaths(a) The institution head shall maintain a valid service agreement with local mortuaries to provide services such as cremation, transportation, and/or other services related to the disposition of a deceased incarcerated person's body.(b) When an incarcerated person's death occurs away from an institution/facility, the body of the deceased shall, unless the county coroner orders otherwise, be released to a licensed funeral director in the community where the death occurred.(c) If the deceased is known to have had a communicable disease which presents a threat to the public health and safety, health care staff shall notify the contract mortuary and public agencies as required by California Code of Regulations, Title 17, section 2500, and Health and Safety Code sections 1797.188 and 1797.189.(d) A chaplain of the decedent's professed faith may perform a ceremony in accordance with that faith.(e) Staff shall review the decedent's central file and locate the current Notification in Case of Death, Serious Injury, or Serious Illness of an Incarcerated Person to identify the incarcerated person's next of kin or person(s) to be notified, and to determine the existence of a will. The Notification is to be completed annually or when the incarcerated person is transferred. Counseling staff are to complete the Notification and must witness the incarcerated person's dated signature. The Notification is not to be used as a will. The Notification shall include: (1) Incarcerated person name, CDCR number, personal identification number, and current institution.(2) The name, relationship, telephone, and address of person to be notified.(3) The name, relationship, telephone, and address of the contact person for a will.(4) Whether the incarcerated person is a foreign national.(f) Staff shall attempt to notify individual(s) listed on the Notification in Case of Death, Serious Injury, or Serious Illness of an Incarcerated Person as the person(s) to be notified of the death, in person, or, if personal contact is not practical, by telephone. Staff shall send a telegram notification to the next-of-kin, person(s) to be notified and/or legally appointed representative, offering consolation, which shall include: (1) The name and address of the funeral director to whom the body has been or will be released.(2) A request for instructions on disposition of the body at the family's or designee's expense, within 48 hours, to preclude disposition by the state.(3) The name and telephone number of a staff member who may be contacted for additional information.(g) If after ten days the next-of-kin or legally appointed representative fails to claim or direct disposition of the decedent's body, or notifies the Department within ten days that he or she does not assume responsibility for burial without expense to the state, the decedent shall be considered unclaimed. If the body is unclaimed, the institution/facility shall make arrangements for use of state materials or services as necessary in accordance with Penal Code (PC) section 5061. All money and personal property shall be inventoried and released in accordance with PC section 5061, upon direction from the Associate Warden of Business Services or other staff designated by the institution head.Cal. Code Regs. Tit. 15, § 3999.417
Note: Authority cited: Section 5058, Penal Code. Reference: Sections 2082, 5021, 5022, 5054 and 5061, Penal Code; Sections 1797.188, 1797.189, 7104, 7200, 7201 and 7302, Health and Safety Code; and Sections 12525, 27491, 27491.2 and 27491.3, Government Code.
Note: Authority cited: Section 5058, Penal Code. Reference: Sections 2082, 5021, 5022, 5054 and 5061, Penal Code; Sections 1797.188, 1797.189, 7104, 7200, 7201 and 7302, Health and Safety Code; and Sections 12525, 27491, 27491.2 and 27491.3, Government Code.
1. Change without regulatory effect renumbering former subchapter 4, article 5 to new subchapter 3, article 13 (section 3999.417) and renumbering and amending former section 3999.440 to new section 3999.417, filed 4-15-2019 pursuant to section 100, title 1, California Code of Regulations (Register 2019, No. 16).
2. Change without regulatory effect amending article heading, section heading and subsections (a)-(b), (e)-(e)(1), (e)(4) and (f) filed 7-1-2024 pursuant to section 100, title 1, California Code of Regulations (Register 2024, No. 27).