Brief(1)
S.B. 238 amends existing law to authorize the Secretary of Corrections (or a warden or administrator of a correctional facility, jail, or other institution for the detention of persons accused or convicted of crimes) to order that an autopsy be performed on persons who die in that official's custody. The bill provides that the cost of autopsies performed at the direction of these correctional officials be borne by the correctional agency.
Current law provides that autopsies are to be performed at the direction of the coroner or at the request of the county or district attorney; the costs of these autopsies are to be paid by the county.
Background
S.B. 238 was requested by the Secretary of Corrections. The Secretary testified that the Department of Corrections has long followed a policy of seeking from coroners the authorization to have an autopsy performed for all inmates who die in custody. In calendar year 1998, a total of 21 inmates died while in the custody of the Department. Autopsies were performed for each death, with the cost of the autopsy being paid by the Department in all cases except four. The Secretary testified that the Department desires that autopsies be performed to determine whether the death was the result of criminal action, whether any evidence may be relevant in any civil litigation, or whether the medical services provided by the correctional facilities were adequate. The Secretary stated that there have been past instances in which district coroners were reluctant to order autopsies for deceased inmates.
The Senate Committee amendments are technical and clarifying in nature.
The House Committee amendment is conforming in nature.
The fiscal note prepared by the Division of the Budget states that the bill would have no fiscal impact since autopsy costs are already authorized under departmental policy and practice.
1. *Supplemental notes are prepared by the Legislative Research Department and do not express legislative intent. The supplemental note and fiscal note for this bill may be accessed on the Internet at http://www.ink.org/public/legislative/bill_search.html.