Policy Text
Copyright Lexipol, LLC 2024/02/15, All Rights
Reserved. Published with permission by Santa Clara
County Sheriff's Office In-Custody Death or Serious Injury Notification
to Families - 1 Policy
530 Santa Clara County Sheriff's Office
Custody Manual
In-Custody Death or Serious Injury Notification
to Families
530.1 PURPOSE AND SCOPE
The purpose of this policy is to provide direction to staff about communicating with the families of
incarcerated persons when there is an incapacitating injury or death of the incarcerated person.
530.
1.1 DEFINITIONS
Definitions related to this policy include:
Hospitalized Person – Is someone who is hospitalized but not incapacitated and can determine
if they want to share their health care information with others.
In-Custody Death – The death of any person, for whatever reason (natural, suicide, homicide,
accident), who is in the process of being booked or is incarcerated at any facility of this Office.
Incapacitated Person – Is someone who lacks the ability to make or communicate decisions
about their health.
530.
2 POLICY
It is the policy of the Office to appropriately communicate a significant injury or death to the families
of incarcerated persons in an appropriate fashion consistent with legal requirements.
530.3 COMMUNICATING WITH THE FAMILIES OF INCARCERATED PERSONS
(a)Ho spitalization
1. Incarcerated persons who are hospitalized but are not incapacitated can
det
ermine if they want to share their personal health information with friends and
family members. Except as described below, the Office shall not share
heal
thcare information with others unless authorized to do so.
(b)I ncapacitating Injury
1. An incarcerated person may sustain a serious injury while in custody such
t
hat the person is incapacitated (e.g., unable to communicate due to their
medical status). These individuals may be transferred to SCVMC or another
hospital system for care and treatment. Because Custody staff is responsible forsupervision of the incarcerated person while at the hospital, staff may be awareof the incarcerated persons status independent of Adult Custody HealthServices (ACHS).
2. If an incarcerated person is incapacitated, staff shall take the following steps: (a)
Determine who the incarcerated person designated as their emergency
contact on Custody records and/or make reasonable efforts to determine
the person's immediate family member(s).
DocuSign Envelope ID: 5861B6B3-BACD-46C1-85A8-8907CCBA8A40
Copyright Lexipol, LLC 2024/02/15, All Rights
Reserved. Published with permission by Santa Clara
County Sheriff's Office In-Custody Death or Serious Injury Notification
to Families - 2 Santa Clara County Sheriff's Office
Custody Manual
In-Custody Death or Serious Injury Notification to Families
(b) Notify ACHS of the event and consult with ACHS medical leadership
regarding the incarcerated person's health status, which may require
ACHS to contact the hospital.
(c) Evaluate if notification of the emergency contact/family member will
create any potential security concerns for the hospital location and pl an
ac
cordingly.
(d) Either ACHS or Custody Bureau Leadership may contact the emergency
contact/family member. In most instances, however, ACHS medical
leadership will be in the best position to contact the emergency contact/family member because the person notified is likely to have questionsabout the person's healthcare status. The appropriate notification andsharing of information are governed by the applicable health system
policies and procedures regarding sharing of protected health information.
(c)In-C ustody Deaths
1. The Office of the Medical Examiner -Coroner ("MEC") is responsible for
i
nvestigation and classification of deaths in custody. (California Gov. Code
§§ 27490.) Further, the MEC is responsible for notifying the next-of-kin in
t
he event of the death in custody. Sheriff's Office staff shall not contact the
incarcerated persons family, friends, or other interested parties regarding an in-
custody death unless or until the Medical Examiner -Coroner has completed the
deat
h notification. A decision to communicate with the family after the Medical
Examiner -Coroner's death notification shall be escalated to the Assistant Sheriff
of Custody Operations.
530.4 POLICY REVIEW
This policy shall be reviewed as necessary.
530.5 POLICY TRACKING
Date of Origin 2/15/24
Review Date 2/15/24
Revision Date 2/15/24
Date Approved 2/15/24
Effective Date 2/15/24
Supersedes New Policy
References DOC Policy Manual 12.09 Rev. 09/29/2005,
California Gov. Code § 27490
Regulatory Authority N/A
Signature of Issuing Authority
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