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DOCR urges access to inmate autopsy reports for correctional inspections
Summary
The North Dakota Department of Corrections and Rehabilitation asked the House Judiciary Committee to let its inspectors receive autopsy reports for inmates to speed inspections and identify preventable causes of in-custody deaths; committee postponed action pending review of an existing statute.
House Judiciary Committee Chairman Killeen opened the hearing on House Bill 1116, which would allow the Department of Corrections and Rehabilitation to receive autopsy reports when the deceased was an inmate.
Deputy Director Joseph Sharbutt of the North Dakota Department of Corrections and Rehabilitation told the committee the bill “would allow the state forensic examiner to close a copy of the autopsy report to the Department of Corrections and Rehabilitation when the deceased individual was an inmate in a county, regional, or state correctional facility.”
Sharbutt said inspectors need timely access to autopsy results when they are conducting inspections under the department’s authority. “Knowledge of cause of death is important to the correctional facility inspectors because it allows us to identify specific practices which can be amended to make facilities safer,” he said, giving the example of using an autopsy to identify an opioid overdose and then ensuring staff training and naloxone availability.
Committee members questioned whether the proposed change was necessary because other language in chapter 23.01.05.5 might already permit investigators to receive such reports. Sharbutt said the department’s request is to give inspectors the same clear authority investigators have now, noting the distinction between an investigator and an inspector.
The committee also noted written testimony submitted by Mary Ann Sens, coroner for Grand Forks County, expressing concern that the statute might already provide the access the DOCR seeks. Chairman Killeen asked committee staff to provide the full text of North Dakota Century Code section 23-01-05.5 so members could determine whether the amendment is needed.
The committee closed the hearing on House Bill 1116 and did not take further action at that time; members asked staff to supply the full statutory section before the committee considers the bill again.
