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DOCR seeks direct access to autopsy reports for jail inspections
Summary
The North Dakota Department of Corrections and Rehabilitation asked the House Judiciary Committee to let its facility inspectors receive autopsy reports and death notifications directly from the state forensic examiner to speed inspections and improve safety recommendations after deaths in county, regional or state correctional facilities.
The North Dakota Department of Corrections and Rehabilitation asked the House Judiciary Committee on May 20 to amend the Century Code to allow its correctional facility inspectors to receive copies of autopsy reports and death notifications directly from the state forensic examiner.
Deputy Director of Facility Inspections Joseph Sharbutt told the committee the change in House Bill 1116 would add the Department of Corrections and Rehabilitation to the list of agencies that may receive a coroner's report or autopsy. He said the department needs timely access to cause-of-death information when inspectors conduct facility inspections under the agency’s statutory inspection authority (12-44.1).
“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,” Sharbutt said, offering an example in which an autopsy finding of an opioid overdose would prompt training on naloxone access and recognition of overdose signs.
Committee members asked several procedural questions. Representative Anderson asked whether the department already receives autopsy reports only when there is a formal investigation; Sharbutt said the department typically requests reports through jail administrators or sheriffs, which can delay inspections. He said the proposed change would speed that process.
The committee also noted written opposition submitted by Grand Forks County Coroner Mary Ann Sens, who questioned whether the statute cited in the bill (23-01-05.5) already permits such disclosures. Chairman Killeen asked staff to provide the committee with the full text of the referenced Century Code section so members could determine whether the bill is needed. The committee closed the hearing without taking action and said it would wait to review the full statutory text before proceeding.
No formal motion or vote on House Bill 1116 was recorded at the hearing.
