BOP Program Statement 6080.02 § 2

(a) The Warden may order an autopsy and related scientific or medical tests to be performed on

the body of a deceased inmate of the facility in the event of homicide, suicide, fatal illness or

accident, or unexplained death. The autopsy or tests may be ordered in one of these situations

only when the Warden determines that the autopsy or test is necessary to detect a crime,

maintain discipline, protect the health or safety of other inmates, remedy official misconduct,

or defend the United States or its employees from civil liability arising from the

administration of the facility.

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Post-mortem forensic testing provides additional insight into the conditions that lead to mortality.

When the cause of death is not clear, this additional information is particularly important in

determining the immediate and underlying causes. Given the communal risks inherent to a

correctional environment, post-mortem forensic testing can assist in understanding causes of

death and preventing future deaths in a correctional setting.

The Warden will consult with the Clinical Director for an autopsy recommendation for any death

related to medical conditions, including unexpected deaths and deaths of unknown cause.

Circumstances are rare in which both the manner of death and cause of death are certain in the

absence of an autopsy. The Clinical Director’s expertise will assist the Warden in determining the

need for an autopsy, which could uncover contributing factors and/or previously undiagnosed

medical conditions.

In addition to the autopsy and under the category of “related scientific or medical tests,” in

consultation with the Clinical Director, Wardens will order post-mortem toxicology tests, even if

a complete autopsy is determined to be unnecessary. These tests assist in the identification of

illegal or legal drugs, alcohol, or other chemicals or substances that may have contributed

directly to the death or indirectly to the circumstances surrounding the death (e.g., ingestion of

illicit substances that altered behavior and contributed to a homicide or suicide). Given that many

new and evolving illicit drugs may be contributory to a mortality, the expanded/comprehensive

toxicology panel is recommended (versus a more basic toxicology panel). A BP-A0797, Autopsy

and Toxicology Authorization form will be utilized for the Warden to document the authorization

of post-mortem forensic tests. Post-mortem toxicology tests are performed by the local

jurisdiction’s medical examiner or coroner and must not be collected at the Bureau facility, as

this would constitute a violation of an inmate’s right to consent and could interfere with forensic

evidence collection.

(1) The authority of the Warden under this section may not be delegated below the level of

Acting Warden.

(2) Where the Warden has the authority to order an autopsy under this provision, no non-Bureau of Prisons authorization (e.g., from either the coroner or from the inmate's next-of-kin) is required. A decision on whether to order an autopsy is ordinarily made after

consultation with the attending physician, and a determination by the Warden that the

autopsy is in accordance with the statutory provision. Once it is determined that an

autopsy is appropriate, the Warden shall prepare a written statement authorizing this

procedure. The written statement is to include the basis for approval.

While next-of-kin permission is not required in these circumstances, an attempt should always be

made to inform the next-of-kin. The autopsy and any necessary forensic tests will proceed with

or without the next-of-kin's consent, but if the next-of-kin does not desire testing, the Warden's

statement will note that the attempt was made to explain rationale for testing.

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(b) In any situation other than as described in paragraph (a) of this section, the Warden may

order an autopsy or post-mortem operation, including removal of tissue for transplanting, to

be performed on the body of a deceased inmate of the facility with the written consent of a

person (e.g., coroner, or next-of-kin, or the decedent's consent in the case of tissue removed

for transplanting) authorized to permit the autopsy or post-mortem operation under the law of

the State in which the facility is located.

Requirements for posthumous organ donation are addressed in Program Statement Patient Care.

(1) The authority of the Warden under this section may not be delegated below the level of

Acting Warden.

(2) When the conducting of an autopsy requires permission of the family or next-of-kin, the

following message is to be included in the telegram notifying the family or next-of-kin of

the death: “Permission is requested to perform a complete autopsy”. Also inform the

family or next-of-kin that they may telegraph the institution collect with their response.

Where permission is not received from the person (e.g., coroner or next-of-kin)

authorized to permit the autopsy or post-mortem operation, an autopsy or post-mortem

operation may not be performed under the conditions of this paragraph (b).

In addition to telegram (telephonic) notification, any dated method of electronic or written

communication, such as fax, letter, or email, would be acceptable for next-of-kin notification or

their response.

(c) In addition to the provisions of paragraphs (a) and (b) of this section, each institution also is

expected to abide by the following procedures.

(1) Staff shall ensure that the state laws regarding the reporting of deaths are followed.

The Warden is responsible for ensuring adherence to state laws requiring reporting of deaths but

may delegate notification responsibilities to others as outlined in Program Statement

Escapes/Deaths Notifications.

Notification to the medical examiner or coroner is ordinarily made by the Warden or designee, as

outlined by Program Statement Escapes/Deaths Notifications, and the responsibilities and

process should be clearly outlined in the Institution Supplement covering procedures for serious

illness, serious injury, and death, as required by Program Statement Patient Care. Some states

require post-mortem forensic testing on all inmate deaths and may require an independent

medical examination for all deaths occurring while in law enforcement custody.

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(2) Time is a critical factor in arranging for an autopsy, as this ordinarily must be performed

within 48 hours. While a decision on an autopsy is pending, no action should be taken

that will affect the validity of the autopsy results. Therefore, while the body may be

released to a funeral home, this should be done only with the written understanding from

the funeral home that no preparation for burial, including embalming, should be

performed until a final decision is made on the need for an autopsy.

The Warden will determine the best method for disposition of the body prior to an autopsy.

Unless otherwise directed by the Warden under this rule, the disposition of a body within a

Bureau facility should be clearly outlined in the Institution Supplement covering procedures for

serious illness, serious injury, and death, as required by Program Statement Patient Care.

(3) Medical staff shall arrange for the approved autopsy to be performed.

(4) To the extent consistent with the needs of the autopsy or of specific scientific or medical

tests, provisions of state and local laws protecting religious beliefs with respect to such

autopsies are to be observed.

In cases where an autopsy is determined to be necessary, the institution will consult with the

chaplains in the local Chaplaincy Services department to identify any relevant religious

considerations. The Supervisory Chaplain, or designee, will provide a written recommendation to

the Warden. If the local Chaplaincy Services department does not include a Subject Matter

Expert (SME) within the deceased inmate’s documented religious preference, the Warden will

consult the Central Office Chaplaincy Services Branch. The Chaplaincy Administrator, or

designee, will then consult with an SME within the deceased inmate’s stated religious

preference, and provide a written recommendation to the requesting Warden.