BOP Program Statement 5553.09 § 4

Immediately upon an inmate’s death, the Warden or designee assembles the following

information concerning the deceased inmate:

■ Name, register number, date of birth.

■ Offense and sentence.

■ Date, time, and location of death.

■ Cause of death.

■ Investigative steps being taken, if necessary.

■ Name and address of next of kin.

■ Notifications made.

■ Status of autopsy request.

■ Brief medical summary related to death.

a. Notification of Bureau Officials. The following procedures are to be utilized when notifying

Bureau officials following the death of an inmate.

(1) Notification to Regional Director.

(i) Death During Regular Workday. The Warden or designee notifies the Regional Director

immediately by telephone. The Warden or designee confirms the notification by sending an

electronic BP-E583, Report of Incident to the Regional Director in accordance with the Program

Statement Correctional Services Procedures Manual.

(ii) Death After Regular Workday. The Institution Duty Officer reports the death in

accordance with the Program Statement Duty Officers which requires immediate telephonic

notification to the Regional Duty Officer, except for deaths by natural causes that occur at a late

hour. The Warden or designee notifies the Regional Director by telephone or electronic message

of any circumstances about the death that may be cause for special concern.

In either case, the Warden or designee confirms the notification by sending an electronic BP-E583,

Report of Incident to the Regional Office in accordance with the Program Statement

Correctional Services Procedures Manual.

(2) Notification to Health Services. The Warden or designee sends the required medical

information (ordinarily the next day) outlined above to the Medical Director, Central Office,

with a copy to the Regional Medical Director and the Regional Health Systems Administrator.

(3) Notification to the Director. The Director must be notified of all deaths, even if there are no

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significant findings.

(4) Regional Director Notifications. After reviewing the preliminary death information, the

Regional Director notifies the Director directly by telephone or electronic message of any

circumstances about the death that may be cause for special concern.

The Regional Director notifies the General Counsel, Assistant Director, Health Services

Division, Correctional Programs Division, and the Bureau Medical Director by telephone or

electronic message.

b. Notification of Next of Kin and Other Requested Individuals.

(1) Telephone Notification. The Warden or designee telephones the person named in the BP-A0408, Acknowledgment of Inmate, Part 3 & 4, form immediately to communicate the

circumstances surrounding the death. The BP-A0408 is found in the Inmate Central File.

When the inmate has not named a next of kin on the BP-A0408, Unit Management staff must

attempt to locate the next of kin, since only the next of kin may determine the disposition of the

deceased’s remains and property. All attempts to contact next of kin must be documented on the

BP-A0381, Inmate Activity Record in the Inmate’s Central File. Next of kin must be determined

in accordance with the applicable state laws in the state the death occurred. Normally, the Case

Management Coordinator coordinates the disposition/shipping of the inmate’s remains with the

Supervisory Contract Specialist.

The notification to next of kin is ordinarily conducted by the Chaplain in accordance with the

Program Statement Religious Beliefs and Practices.

For additional information on notifications to the coroner or medical examiner as well as post-mortem forensic testing requests (e.g., autopsy and toxicology) refer to the Program Statement

Autopsies.

(2) Letters of Condolence. As soon as practical, the Warden or designee mails a letter of

condolence to the next of kin and advises that person of the circumstances of the death.

 If the death was by natural causes, a summary of the cause of death is given.

 If the death was accidental, and not by foul play, a reference to the nature of the accident and

the cause of death is appropriate.

 If the death occurred under suspicious circumstances or by foul play, the cause of death may

be given but with a statement the matter is under investigation and, for that reason, details

may not be provided.

(3) Death Certificate. When the Death Certificate is received, the Warden or designee sends a

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copy to the person who received the deceased’s remains.

c. Notification of Court Officials. The Warden or designee sends a letter to the appropriate

sentencing U.S. District Judge(s) that reports the circumstances of the death. In the death of a

D.C. Code offender, the letter is sent to the sentencing D.C. Superior Court Judge. All

Correspondence must contain the docket number and the inmate’s register number. Copies are

mailed to:

 The U.S. Attorney(s) for the district(s) in which the inmate was sentenced, or the

 Chief, Superior Court Division (D.C. Code offenders).

 The Chief U.S. Probation Officer for the district in which the inmate was sentenced,

 or the Court Services and Offender Supervision Agency (D.C. Code offenders).

 Regional Director.

d. Notification of Military Officials. In the event of the death of a military inmate, the Warden

or designee shall notify the USDB no later than the next business day via telephone and confirm

the notification with a letter providing information regarding the death. Refer to Correctional

Programs Branch page of the Bureau’s intranet site for address information.

Bureau staff are not to contact the next of kin for military prisoners who have not been

discharged from service. These prisoners require other notifications to ensure proper military

protocol is followed.

Unit Management staff provide next of kin information on BP-A0408, Acknowledgement of

Inmate, Part 3 & 4 to military officials to help them make the notifications.

Normal next of kin notification procedures outlined in Section 4b of this program statement are

followed for military prisoners who have been discharged from service.

e. Additional Death Notification Procedures for Specific Cases.

(1) Victim/Witness Program (VWP) Assignment. Unit Management or RRM staff are required

to provide VNS notification to the victims or witnesses within 30 days after the death of an

inmate with a VWP assignment. Further notification information is detailed in the Program

Statement Victim and Witness Notification Program.

(2) State Boarder. If a state boarder dies, the Warden or designee notifies the director of the

appropriate state department of corrections by telephone, no later than the next workday. The

Warden or designee confirms the notification by letter explaining the circumstances of the death,

with a copy to the Regional Director.

(3) ICE Detainees. If an ICE detainee dies, the Warden or designee or RRM notifies the

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Assistant Director, Correctional Programs Division, and the local ICE office by telephone, no

later than the next workday. The Warden or designee or RRM confirms the notification by a letter

explaining the circumstances of the death, with a copy to the Regional Director.

(4) Holdover. If a Bureau holdover inmate dies, the holdover institution applies this program

statement’s notification procedures, as applicable. If the holdover is a non-Bureau inmate, the

appropriate agency responsible for the inmate is notified. The Warden or designee confirms the

notification by a letter explaining the circumstances of the death, with a copy to the Regional

Director.

(5) WITSEC Case. If a WITSEC inmate dies, the Warden or designee or RRM, in addition to

notifying the Regional Director, must telephone the IMS in Central Office immediately if it

occurs during a regular workday.

If the death occurs after a regular workday, the procedures are the same as in Section 4a of this

program statement, except the IMS is responsible for notifying federal officials, victims, and

witnesses.

(6) Inmates Housed in a Contract Facility. The RRM carries out the procedures in this

program statement for any death of a sentenced federal inmate in a contract facility or on writ

from a contract facility.

(7) Non-U.S. Citizen. If a non-U.S. citizen dies, the Warden or designee notifies the appropriate

consulate official by telephone, no later than the next workday. The Warden or designee

confirms the notification by a letter explaining the circumstances of the death, with a copy to the

Regional Director.

(8) Domestic and International Terrorists. When an inmate with an STG assignment of

Domestic or International Terrorist dies, the Warden or designee will notify the Intelligence and

Counterterrorism Branch, Correctional Programs Division, Central Office, the same day as the

death via email and advise them of the date and time of the inmate’s death.

A signed copy of all escape and death notifications must be maintained in the Inmate’s Central

File.

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REFERENCES

Program Statements

Victim and Witness Notification Program

Religious Beliefs and Practices

Correctional Services Procedures Manual

Duty Officers

Community Corrections Manual

Autopsies

Pretrial Inmates

Bureau Forms

BP-A0393 Notice of Escaped Federal Prisoner

BP-A0408 Acknowledgement of Inmate, Part 3 &4

BP-A0381 Inmate Activity Record

BP-E583 Report of Incident

ACA Standards

Performance-Based Standards and Expected Practices for Adult Correctional Institutions (5th

Edition): 5-ACI-1F-09, 5-ACI-3B-14(M), 5-ACI-3B-15, 5-ACI-3B-16, 5-ACI-6C-02, 5-ACI-

6C-16

Performance-Based Standards and Expected Practices for Adult Local Detention Facilities (5th

Edition): 5-ALDF-1C-05(M), 5-ALDF-2A-15, 5-ALDF-4D-12, 5-ALDF-4D-30

Standards for the Administration of Correctional Agencies (2nd Edition): 2-CO-1F-08, 2-CO-

3B-02(M)

Records Retention Requirements

Requirements and retention guidance for records and information applicable to this program are

available in the Records and Information Disposition Schedule (RIDS) on the Bureau’s intranet

site.

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