SOP_NUMBER: 208.03
TITLE: Death of an Offender
REFERENCE_CODE: IIA10-0001
DIVISION: Facilities Operations
TOPIC_AREA: 208 Policy-Facilities Care/Medical Management
EFFECTIVE_DATE: 2015-08-05
WORD_COUNT: 3093
POWERDMS_URL: https://public.powerdms.com/GADOC/documents/105692
URL: https://gps.press/sop-data/208.03/

SUMMARY:
This policy establishes procedures for Georgia Department of Corrections personnel to follow when an offender dies while in custody. The policy covers the establishment of designated beneficiaries and next of kin, notification requirements to appropriate authorities and family members, documentation procedures, handling of the deceased's property and remains, and special procedures for deaths that occur under unusual circumstances. The policy applies to all GDC facilities, private facilities, county facilities, and centers housing GDC offenders.

KEY_TOPICS: Death of offender, offender death notification, next of kin, designated beneficiary, medical examiner, coroner, autopsy, death investigation, deceased offender property, criminal investigation, GBI notification, remains disposition, death documentation

ATTACHMENTS:
  1. Attachment 1 - Warden/Superintendent Emergency Notification List for Death of an Offender Under Unusual Circumstances or Natural Death
     URL: https://gps.press/sop-data/208.03-att-1/

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FULL TEXT:
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|GEORGIA DEPARTMENT OF CORRECTIONS<br>Standard Operating Procedures|Col2|Col3|
|---|---|---|
|**Policy Name:**Death of an Offender|**Policy Name:**Death of an Offender|**Policy Name:**Death of an Offender|
|**Policy Number:** 208.03|**Effective Date:** 08/05/2015|**Page Number** 1 of 11|
|**Authority:** <br> <br>Bryson/Ward<br>|**Originating Division:** <br> <br>Facilities Operations<br>|**Access Listing:**<br> <br>Level I: All Access<br>|



I. Introduction and Summary:


Georgia Department of Corrections personnel shall follow standard procedures in the
event of an offender’s death. The proper authorities and individuals shall be notified,
and the circumstances surrounding the death shall be documented appropriately.
GDC Rules 125-2-4-20, 125-4-4-.10, and 125-4-4-.11, shall provide the foundation
for these procedures.

II. Authority:


This policy was formerly listed as IIA10-0001;

O.C.G.A.: 36-12-5; 42-5-7; 45-16-22(c, f); 45-16-24; 45-16-25; 45-16-27; 45-16-28;

GDC Board Rules & Regulations: 125-2-4-.20, 125-4-4-.10, and 125-4-4-.11; and

GDC SOP's: 222.06 (IIA23-0001) - Consular Notification; 208.04 (IIA24-0001) 

Offender Collection of Samples for the DNA Database; 206.01 (IIB06-0001) 

Offender Personal Property Standards; 206.02 (IIB06-0002) - Management of


Offender Property or Contraband; 206.03 (IIB06-0003) - Disposition of Abandoned


Tangible Offender Property; 221.01 (IIB10-0001) - Fingerprint Procedures for


Offenders; 220.05 (IIC03-0002) - Diagnostic Reception, Orientation and Processing;


507.04.16 (VH18-0003) - Utilization Management; 507.04.67 (VH47-0005) 

Offender Death and Mortality Reviews; 103.10 (IK01-0005) - Evidence Handling and


Crime Scene Investigations; 208.03 (VG03-0001) - Death Notifications and


Investigations


III. Definitions:


|GEORGIA DEPARTMENT OF CORRECTIONS<br>Standard Operating Procedures|Col2|Col3|
|---|---|---|
|**Policy Name:**Death of an Offender|**Policy Name:**Death of an Offender|**Policy Name:**Death of an Offender|
|**Policy Number:** 208.03|**Effective Date:** 08/05/2015|**Page Number** 2 of 11|
|**Authority:** <br> <br>Bryson/Ward<br>|**Originating Division:** <br> <br>Facilities Operations<br>|**Access Listing:**<br> <br>Level I: All Access<br>|



**Autopsy:** The dissection of a dead body and the examination of bone, tissue, organs,
and foreign objects for the purpose of determining the cause of death and
circumstances surrounding the same, which procedure shall include as a minimum an
external examination and the examination of the brain, neck and thoracic organs, and
abdominal organs.

**County Medical Examiner:** Office established in lieu of the office of coroner
pursuant to Code Section 45-16-80 or any amendment to the Constitution pursuant to
the authority of Article XI, Section I, Paragraph IV of the Constitution.

**Designated Beneficiary:** The person designated, by the offender, to receive the
offender’s personal property and funds which are left under the custody and control
of the Department in the event of the offender’s death.

**Medical Examiner:**
(A) The chief medical examiner;
(B) A regional medical examiner;
(C) A county medical examiner;
(D) A local medical examiner; or
(E) Any person who is employed by the state and appointed as a medical examiner as
of December 1, 1989, who continues to perform the duties and exercise the powers of
a medical examiner when such performance and exercise are within the scope of such
employment.

**Next of Kin:** For purposes of this SOP, the person designated by the offender to
receive his or her remains or the person designated to make emergency medical
decision in the event the offender is unable to make medical decisions. In the event
the offender fails to so designate, the next of kin will be the person reasonably
designated by staff.

**Offender:** A person who has been convicted of a crime, placed under the supervision
of Georgia Department of Corrections, and housed in a facility (state, private, or
county) or center.


|GEORGIA DEPARTMENT OF CORRECTIONS<br>Standard Operating Procedures|Col2|Col3|
|---|---|---|
|**Policy Name:**Death of an Offender|**Policy Name:**Death of an Offender|**Policy Name:**Death of an Offender|
|**Policy Number:** 208.03|**Effective Date:** 08/05/2015|**Page Number** 3 of 11|
|**Authority:** <br> <br>Bryson/Ward<br>|**Originating Division:** <br> <br>Facilities Operations<br>|**Access Listing:**<br> <br>Level I: All Access<br>|



**Warden and Superintendent:** For purposes of this SOP, the chief executive officer
at a facility or center housing GDC offenders.

IV. Statement of Policy and Applicable Procedures:


A. **Establishing Designated Beneficiary and Next of Kin:** A Designated

Beneficiary and Next of Kin shall be established using the following procedures:

1. Upon processing into the system and again when a medical event occurs

which might result in the death of an offender, facility staff should obtain
from the offender a written designation of next of kin and designated
beneficiary, (if the beneficiary is different from the next of kin). Where staff
is unable to obtain a written designation, verbal designation is acceptable.

2. If the beneficiary is not designated or cannot be located then the next of kin

becomes the beneficiary.

3. If the next of kin cannot reasonably be located next of kin becomes the nearest

relative who can be located using information available in the offender’s
visitation list, phone list, offender institutional file, or the person designated in
the Parole Personal History Statement, in the following rank:


a. Spouse;


b. An adult blood relative; or


c. An adult Significant Other

4. An offender shall be permitted to update a designation of beneficiary or next

of kin at any time upon request, so long as the request is reasonable and not
merely made for purposes of harassment.

B. Notifications Required in Natural Death Cases:


|GEORGIA DEPARTMENT OF CORRECTIONS<br>Standard Operating Procedures|Col2|Col3|
|---|---|---|
|**Policy Name:**Death of an Offender|**Policy Name:**Death of an Offender|**Policy Name:**Death of an Offender|
|**Policy Number:** 208.03|**Effective Date:** 08/05/2015|**Page Number** 4 of 11|
|**Authority:** <br> <br>Bryson/Ward<br>|**Originating Division:** <br> <br>Facilities Operations<br>|**Access Listing:**<br> <br>Level I: All Access<br>|



1. Warden/Superintendent or Designee of Host Facility shall notify:


a. Field Operations Manager or the Transitional Center Coordinator (only

if occurs at a TC) who will notify the Director of Facilities;

b. The Communications Center;

c. The Next of Kin (document in SCRIBE the name, phone number, and

address of person contacted and document the required information on
the Emergency Notification List.) **[Note: The notification of the Next**
**of Kin shall be made by the Warden or Superintendent or**
**Designee]** ;

d. The Parent Facility (If offender is in an outside hospital setting);

e. The Coroner of the county in which the death occurs; and

f. The Criminal Investigations Division: (It shall be the responsibility of

the Inspector of the Criminal Investigations Division to determine
whether or not to notify the Georgia Bureau of Investigation (GBI).
The Criminal Investigations Division Inspector shall make this
determination based on any unusual circumstances of the offender’s
death. The Criminal Investigations Division shall also contact the
Medical Examiner.

2. The Communications Center shall notify by way of the daily Emergency

Report:


a. The Statewide Medical Director;


b. The Director of Mental Health Services (as directed); and


c. Office of Public Affairs.


|GEORGIA DEPARTMENT OF CORRECTIONS<br>Standard Operating Procedures|Col2|Col3|
|---|---|---|
|**Policy Name:**Death of an Offender|**Policy Name:**Death of an Offender|**Policy Name:**Death of an Offender|
|**Policy Number:** 208.03|**Effective Date:** 08/05/2015|**Page Number** 5 of 11|
|**Authority:** <br> <br>Bryson/Ward<br>|**Originating Division:** <br> <br>Facilities Operations<br>|**Access Listing:**<br> <br>Level I: All Access<br>|



C. Notifications required in "Unusual Circumstances": Additional notifications are

required in cases of sudden or violent death including suicide, or under unusual
circumstances without an attending physician (i.e. in the commission of or result
of a crime, whether or not witnesses were present).

1. Warden or Superintendent or their Designee shall notify:


a. The Field Operations Manager or Transitional Center Coordinator (only

if occurs at a TC) who shall contact the Director of Facilities and the
Assistant Commissioner, Chief of Operations (as directed);

b. The Inspector of the Criminal Investigations Division and request that

an investigator be sent to the facility. It shall be the responsibility of the
Criminal Investigations Division Inspector to determine whether or not
to notify the Georgia Bureau of Investigation (GBI). The Criminal
Investigations Division Inspector shall make this determination based
on the circumstances of the offender’s death. The Criminal
Investigations Division shall also contact the Medical Examiner;

c. In the case of a County Institution, the Sheriff of the county shall also

be notified;

d. The Communications Center;

e. The Next of Kin (document name, phone number, and address of

person contacted) [Note: The notification of the Next of Kin shall be
made by the Warden/ Superintendent or Designee; and

f. Coroner of the county in which the death occurs.

2. The Communications Center shall notify In addition:


a. Commissioner (as directed);


b. Assistant Commissioner Chief of Staff (as directed);


|GEORGIA DEPARTMENT OF CORRECTIONS<br>Standard Operating Procedures|Col2|Col3|
|---|---|---|
|**Policy Name:**Death of an Offender|**Policy Name:**Death of an Offender|**Policy Name:**Death of an Offender|
|**Policy Number:** 208.03|**Effective Date:** 08/05/2015|**Page Number** 6 of 11|
|**Authority:** <br> <br>Bryson/Ward<br>|**Originating Division:** <br> <br>Facilities Operations<br>|**Access Listing:**<br> <br>Level I: All Access<br>|



c. Executive Assistant to the Commissioner (as directed);


d. Director of GDC Health Services;


e. Statewide Medical Director;


f. Director of Mental Health;


g. Operations Manager; and


h. Public Affairs.


3. Deaths occurring in an institution, a Hospital or while en route to a Hospital:

When death occurs in an institution, a hospital, or while in route to a hospital
as a direct result and consequence of acts or events taking place in a county
other than the one in which such death occurs, pursuant to O.C.G.A. 45-16-22
(f) the offender’s body shall be returned to the county where he or she was
originally assaulted. Then, the Coroner or local Medical Examiner of the
county in which such acts or events took place shall assume jurisdiction and
the Medical Examiner's inquiry. The Warden or Superintendent of the facility
where such acts or events took place shall use the same notification procedures
as those above in paragraph C.

D. Content of Initial Notification: The Warden or Superintendent's initial

notification of death shall include as much of the following information as
possible:

1. Offender’s Name;
2. Offender’s ID Number;
3. Offender’s Race;
4. Offender’s Sex;
5. Offender’s Age and Date of Birth;
6. Time of death;
7. Suspected cause of death; and


|GEORGIA DEPARTMENT OF CORRECTIONS<br>Standard Operating Procedures|Col2|Col3|
|---|---|---|
|**Policy Name:**Death of an Offender|**Policy Name:**Death of an Offender|**Policy Name:**Death of an Offender|
|**Policy Number:** 208.03|**Effective Date:** 08/05/2015|**Page Number** 7 of 11|
|**Authority:** <br> <br>Bryson/Ward<br>|**Originating Division:** <br> <br>Facilities Operations<br>|**Access Listing:**<br> <br>Level I: All Access<br>|


8. Facts surrounding the death.





E. Death of a Foreign National:


1. The G.D.C. General Counsel shall notify the appropriate Consulate

General in the event that a Foreign National offender dies while in the
custody of the Department. (See SOP (226.02) IIA23-0001).


a. In addition to the applicable notifications above in C. or D. and

F, the Warden or Superintendent or designee shall notify the
G.D.C. General Counsel of the circumstances surrounding the
death on the next business day following the death. The
G.D.C. General Counsel shall notify the appropriate Consulate
General, in writing, within five (5) calendar days of the foreign
national offender’s death.

b. A copy of the notification from both the Warden or

Superintendent or designee and the GDC General Counsel shall
be placed in the Offender’s facility institutional file.


F. Investigation and Documentation:


1. All Offender Deaths:


a. Incident Report: Follow procedures in SOP (208.03) IIA04
0002, Incident Reporting.

b. Certificate of Death: The appropriate investigating medical

authority shall complete a Certificate of Death.


1) The facility shall provide the next of kin with a

Certificate of Death.


|GEORGIA DEPARTMENT OF CORRECTIONS<br>Standard Operating Procedures|Col2|Col3|
|---|---|---|
|**Policy Name:**Death of an Offender|**Policy Name:**Death of an Offender|**Policy Name:**Death of an Offender|
|**Policy Number:** 208.03|**Effective Date:** 08/05/2015|**Page Number** 8 of 11|
|**Authority:** <br> <br>Bryson/Ward<br>|**Originating Division:** <br> <br>Facilities Operations<br>|**Access Listing:**<br> <br>Level I: All Access<br>|



2) The facility shall send a Certificate of Death and the

offender’s medical records to the Offender
Administration Record Room.


3) Offender Administration shall forward the Certificate of

Death and the Offender’s medical records to the
Director of GDC Health Services for review. Upon
completion of any related investigations, this
information shall be placed in the medical record and
shall be returned to the Offender Administration Record
Room.


c. Fingerprints: The FBI no longer accepts fingerprint cards on

deceased offenders. No Fingerprints are necessary unless
explicitly requested by an investigating authority.

2. Facility Notification: It shall be the responsibility of the Office of

Health Services (OHS) to keep the Warden or Superintendent advised
immediately following the death of an offender. (See (507.04.67)
VH47-0005)

3. Death under Unusual Circumstances:


a. Death Scene Investigation: The death scene shall be secured and

left undisturbed until the Warden or Superintendent and the
investigating authority authorizes clean-up or removal. (See GDCSOP (103.10) IK01-0005)


1) It shall be the responsibility of the Warden or

Superintendent to post an officer at the crime scene. The
officer shall be responsible for securing the crime scene
and logging, in writing, every individual that enters and


|GEORGIA DEPARTMENT OF CORRECTIONS<br>Standard Operating Procedures|Col2|Col3|
|---|---|---|
|**Policy Name:**Death of an Offender|**Policy Name:**Death of an Offender|**Policy Name:**Death of an Offender|
|**Policy Number:** 208.03|**Effective Date:** 08/05/2015|**Page Number** 9 of 11|
|**Authority:** <br> <br>Bryson/Ward<br>|**Originating Division:** <br> <br>Facilities Operations<br>|**Access Listing:**<br> <br>Level I: All Access<br>|



leaves the crime scene area. This log shall also contain the
times that the individuals entered and left the crime scene
area.

2) The Administrative Duty Officer or Designee (if not on

scene) shall immediately obtain still photographs
(videotape if possible) of the death scene and body.


b. Initial Report: The individuals involved shall submit to the Warden

or Superintendent a written report with accompanying statements
from everyone involved. This report shall be submitted to the
Warden before anyone involved leaves the facility.


c. Autopsy: An autopsy shall be requested. Under O.C.G.A. § 45-16
22, the medical examiner has the discretion to determine the need
for an autopsy.

d. Suicides: A copy of the offender’s medical records, and all other

written reports and documentation shall be sent to the Director of
GDC Health Services for review.


e. Medical Records: A copy of the offender’s medical records shall be

provided to the GBI State Crime Laboratory upon request.

G. Release of Offender’s Remains: The body of the deceased offender shall be

released to the next of kin or an agent thereof no later than 24 hours after the
demand for release by the next of kin or agent thereof, and upon release by the
Coroner, GBI, or Crime Lab, unless there has been a written finding by the Peace
Officer, Medical Examiner, or Coroner that foul play may have been involved in
the death.

H. Interment of Indigent Offender:


1. The offender’s family must obtain indigent status as described in

GDC Rule 125-2-4-.20-(f)-1. & -2. The family or close relatives of


|GEORGIA DEPARTMENT OF CORRECTIONS<br>Standard Operating Procedures|Col2|Col3|
|---|---|---|
|**Policy Name:**Death of an Offender|**Policy Name:**Death of an Offender|**Policy Name:**Death of an Offender|
|**Policy Number:** 208.03|**Effective Date:** 08/05/2015|**Page Number** 10 of 11|
|**Authority:** <br> <br>Bryson/Ward<br>|**Originating Division:** <br> <br>Facilities Operations<br>|**Access Listing:**<br> <br>Level I: All Access<br>|



a deceased offender who claim to be unable to provide for burial of
the deceased shall make application to the county governing
authority where the death occurred and declare that they are
indigent and unable to provide a decent burial for the deceased.

2. Indigent state offenders may be buried at Georgia State Prison by

arrangement with the Warden or Superintendent of that facility.
Georgia State Prison shall be consulted first concerning
arrangements for interment of an indigent offender. If space is not
available at Georgia State Prison, the Warden or Superintendent or
designee where the offender inmate died shall make arrangements
to bury the offender nearby, at minimum cost to the Department.


3. If the county in which the offender died disburses funds for the

burial of the indigent offender, GDC shall reimburse the county
ONLY if a state facility was responsible for the offender at the time
of death (i.e., NOT if the offender was housed in a county
correctional institution).

4. Indigent with No Next of Kin: The Warden or Superintendent of

the offender’s facility shall apply to the county of death for burial
funds in the case of an indigent offender having no next of kin.


I. Interment of Offender Who Has Funds, But No Beneficiary or Next of Kin:

When an offender offenders dies having no identifiable designated beneficiary or
next of kin, any funds remaining in that offender’s account shall be used to
defray the costs of burial. Remaining funds shall be held for one year then shall
be treated as abandoned property according to the procedures described in SOP
(206.03) IIB06-0003, Disposition of Abandoned Tangible Offender Property.


1. Property and Funds: If a deceased offender’s personal property and

money remaining in the offender account (combined) is reasonably
estimated to be $1000 or less then the deceased offender’s personal
property and funds shall be turned over to the person designated as the
beneficiary. If the designated beneficiary is unavailable or cannot be


|GEORGIA DEPARTMENT OF CORRECTIONS<br>Standard Operating Procedures|Col2|Col3|
|---|---|---|
|**Policy Name:**Death of an Offender|**Policy Name:**Death of an Offender|**Policy Name:**Death of an Offender|
|**Policy Number:** 208.03|**Effective Date:** 08/05/2015|**Page Number** 11 of 11|
|**Authority:** <br> <br>Bryson/Ward<br>|**Originating Division:** <br> <br>Facilities Operations<br>|**Access Listing:**<br> <br>Level I: All Access<br>|



located the offender’s property shall be turned over to the next of kin.
If the estimated value of the property exceeds $1,000.00, if there is any
evidence that the release of the property is in dispute, or if the release
of the property to a family member, beneficiary, or next of kin seems
unreasonable then DO NOT release the property to anyone. Contact
Legal Services for further directions. In most cases the property shall
be held until such time that a probate court has designated an executor
of the estate to whom the property may be released.


2. The property shall be inventoried according to the inventory

procedures described in SOP (206.02) IIB06-0002, "Management of
Offender Property or Contraband."


a. State property shall be turned in to Care and Custody.
b. Personal property shall be stored securely as described in SOP

(206.02) IIB06-0002.

3. The person claiming the offender’s property or funds shall sign a

receipt before taking possession of the property or funds. The
facility receipt shall be kept for at least three (3) years. The person
claiming the offender’s property or funds shall also be required to
show proper identification.

4. Property left unclaimed for more than one (1) year shall be

considered abandoned and disposed of according to procedures
described in SOP (206.03) IIB06-0003, "Disposition of Abandoned
Tangible Offender Property."

V. Attachments:


Attachment 1 – Notification List

VI. Record Retention of Forms Relevant to this Policy:


None