Legislation
SECTION 47
Functions, powers and duties of the board
Correction (COR) CHAPTER 43, ARTICLE 3
§ 47. Functions, powers and duties of the board. 1. The board shall
have the following functions, powers and duties:
(a) Investigate and review the cause and circumstances surrounding the
death of any incarcerated individual of a correctional facility.
(b) Visit and inspect any correctional facility wherein an
incarcerated individual has died.
(c) Cause the body of the deceased to undergo such examinations,
including an autopsy, as in the opinion of the board, are necessary to
determine the cause of death, irrespective of whether any such
examination or autopsy shall have previously been performed.
(d) Upon review of the cause of death and circumstances surrounding
the death of any incarcerated individual, the board shall submit its
report thereon to the commission and to the governor, the chairman of
the assembly committee on correction and the chairman of the senate
committee on crime victims, crime and correction and, where appropriate,
make recommendations to prevent the recurrence of such deaths to the
commission and the administrator of the appropriate correctional
facility. The report provided to the governor, the chairman of the
assembly committee on correction and the chairman of the senate
committee on crime victims, crime and correction shall not be redacted
except as otherwise required to protect confidential medical records and
behavioral health records in accordance with state and federal laws,
rules, and regulations.
(e) (i) Investigate and report to the commission on the condition of
systems for the delivery of medical care to incarcerated individuals of
correctional facilities and where appropriate recommend such changes as
it shall deem necessary and proper to improve the quality and
availability of such medical care.
(ii) The board shall be responsive to inquiries from the next of kin
and other person designated as a representative of any incarcerated
individual whose death takes place during custody in a state
correctional facility regarding the circumstances surrounding the death
of such incarcerated individual. Contact information for the next of kin
and designated representative shall be provided by the department to the
board from the emergency contact information previously provided by the
incarcerated individual to the department.
2. Every administrator of a correctional facility shall immediately
report to the board the death of an incarcerated individual of any such
facility in such manner and form as the board shall prescribe, together
with an autopsy report.
have the following functions, powers and duties:
(a) Investigate and review the cause and circumstances surrounding the
death of any incarcerated individual of a correctional facility.
(b) Visit and inspect any correctional facility wherein an
incarcerated individual has died.
(c) Cause the body of the deceased to undergo such examinations,
including an autopsy, as in the opinion of the board, are necessary to
determine the cause of death, irrespective of whether any such
examination or autopsy shall have previously been performed.
(d) Upon review of the cause of death and circumstances surrounding
the death of any incarcerated individual, the board shall submit its
report thereon to the commission and to the governor, the chairman of
the assembly committee on correction and the chairman of the senate
committee on crime victims, crime and correction and, where appropriate,
make recommendations to prevent the recurrence of such deaths to the
commission and the administrator of the appropriate correctional
facility. The report provided to the governor, the chairman of the
assembly committee on correction and the chairman of the senate
committee on crime victims, crime and correction shall not be redacted
except as otherwise required to protect confidential medical records and
behavioral health records in accordance with state and federal laws,
rules, and regulations.
(e) (i) Investigate and report to the commission on the condition of
systems for the delivery of medical care to incarcerated individuals of
correctional facilities and where appropriate recommend such changes as
it shall deem necessary and proper to improve the quality and
availability of such medical care.
(ii) The board shall be responsive to inquiries from the next of kin
and other person designated as a representative of any incarcerated
individual whose death takes place during custody in a state
correctional facility regarding the circumstances surrounding the death
of such incarcerated individual. Contact information for the next of kin
and designated representative shall be provided by the department to the
board from the emergency contact information previously provided by the
incarcerated individual to the department.
2. Every administrator of a correctional facility shall immediately
report to the board the death of an incarcerated individual of any such
facility in such manner and form as the board shall prescribe, together
with an autopsy report.