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GENERAL |
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1. |
Upon receipt of a federal court
order, the United States Marshal (USM)
may produce a prisoner for a deathbed visit to a member of the
immediate family, or to attend a private viewing of a deceased
member of
the immediate family. An immediate family member is defined as
the
father, mother, husband, wife, child, brother, or sister of the
prisoner. |
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2. |
The USM may expand the definition of
immediate family when it involves
stepparents, aunts, uncles, or other individuals who performed a
parental
role or who resided with the prisoner in a family type
relationship. The
prisoner or his or her representative must clearly establish
this
relationship to the satisfaction of the USM. |
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3. |
U. S. Marshals will not allow the
attendance of a federal prisoner in
USMS custody, or support the production of prisoners in other
agencies’
custody, at funeral observances (religious or civil) for a
deceased member
of the prisoner’s immediate family. The burden on districts to
properly secure such an environment is beyond the capability of
most districts and the costs to the prisoner would be
prohibitive. |
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4. |
U. S. Marshals will not produce BOP
(sentenced or committed) or state
prisoners for deathbed visits or private viewings. |
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B. |
COURT ORDER COMPLIANCE CRITERIA:
Before the USM complies with a
court order for deathbed visits or private viewings, the
following criteria must
be met to the satisfaction of the USM: |
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1. |
The individual is a federal prisoner
in USMS custody pending court action
or sentence, or under custody pursuant to a writ. |
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2. |
The prisoner has no pending writs of
removal, detainers, or other actions
which would impede the judicial process. |
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3. |
The request is valid and can
be verified by the USM. |
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4. |
The dying or deceased person is
within the definition of immediate family. |
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5. |
The prisoner has no record of past
escapes, escape attempts, or history
of violent behavior. A security check with the local police
department and
FBI will be made to determine if any family member or associate
is an
outstanding fugitive from justice, or if such persons would pose
a threat
to the prisoner or to deputies. |
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6. |
The prisoner is willing to comply
with all terms and conditions of the visit
that may be imposed by the USM to ensure the custody and safety
of
the prisoner, the safety of the transporting deputies and the
general
public. |
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7. |
The USM has enough available
deputies to escort a prisoner to a
deathbed visit or private viewing. |
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8. |
The U.S. attorney assigned to
prosecute the prisoner does not object. |
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9. |
The judge assigned to the case does
not object. |
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10. |
The prisoner, his or her family, or
other associate prepays the anticipated
costs for staff, travel and per diem required to escort a
prisoner to a
deathbed visit or private viewing. The prisoner must agree in
writing to pay
any additional costs not anticipated but incurred by the USMS
while
escorting him or her. |
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C. |
REIMBURSEMENT FOR USMS COSTS |
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Calculation of Costs:
All costs directly related to these special types of
productions are to be collected in advance of the trip from the
prisoner or his
or her sponsor in the form of a certified check. Allowable costs
include
salaries, per diem, and transportation for the deputies assigned
and any
other expenses anticipated for the prisoner (except cost of
detention in a
contract jail). |
