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Contact District of Idaho Supervisory Deputy US Marshal (208)
334-1273 or District of Idaho duty deputy (208) 334-1298 for assistance in this
matter. Upon receipt of a federal court order, the US Marshal 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. Immediate family is defined as the father, mother,
spouse, child, or sibling of the prisoner. The US Marshal may expand
the definition of immediate family when it involves stepparents,
aunts, uncles or other individuals who performed a parental role or
resided with the prisoner in a family type relationship. The
prisoner or his/her representative must clearly establish this
relationship to the satisfaction of the US Marshal.
The US 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 prisoners immediate family.
The US Marshals will not produce Bureau of Prisons (sentenced or
committed) or state prisoners for deathbed visits or private
viewings.
Before the US Marshal complies with a court order for a deathbed
visit or private viewing, the following criteria must be met to the
satisfaction of the US Marshal: |
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1. |
The individual is a federal prisoner
in USMS custody pending
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 US Marshal. |
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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 a history of violent behavior. |
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6. |
The prisoner is willing to comply with
all terms and condition of the visit that may be imposed by the US
Marshal to ensure the custody and safety of the prisoner, USMS personnel and general
public. |
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7. |
The US Marshal has enough available
deputies to escort the prisoner to a deathbed visit or private
viewing. |
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8. |
The judge and US attorney assigned to
the case do not object. |
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9. |
The prisoner, 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. Allowable costs include
salaries, per diem, and transportation for the deputies assigned and
any other expenses anticipated for the prisoner. |
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The US Marshal will strictly limit attendance at the deathbed visit
or private viewing to the prisoner, the USMS staff, the funeral
director and/or medical personnel. The prisoner’s attorney, family
or friends will not be allowed to attend.
The prisoner will remain properly restrained at all times.
The deathbed visit or private viewing will not exceed two hours and
my be terminated at any time if the conditions indicate a security
problem. |
