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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
behavior of the prisoner, his or her family, and friends are
likely to be governed by the emotional impact of such
observances and the risk of escape or assaultive behavior is
increased. 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 US Marshal
Service complies
with a court order for deathbed visits or private viewings, the
following criteria must be met to the satisfaction of the
Marshals: |
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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 US Marshals. |
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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 US Marshals 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
US Marshals Service 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. |
PROCEDURES |
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1. |
The
US Marshals Service will strictly limit attendance at the deathbed visit or
private viewing to the prisoner, the transporting deputies, the
funeral director and/or medical personnel. The prisoner’s
attorney, family or friends will not be allowed to attend. |
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2. |
The
prisoner will be properly restrained consistent with current
procedures at all times. |
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3. |
The
deathbed visit or private viewing will not exceed two hours. The
transporting deputies may terminate the visit at any time if
conditions indicate a security problem that threatens the
custody of the prisoner, the safety of the public or deputies. |
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4. |
Neither
the prisoner, his or her family, attorney or any person acting
on the prisoner's behalf will receive advance notice concerning
the date or time of the deathbed visit or private viewing. |
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5. |
A
minimum of two deputies will be used when producing prisoners
for deathbed visits or private viewings. The US Marshals will augment
the detail with additional deputies as necessary to ensure
adequate security. |
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| D. |
COURT
ORDERS |
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1. |
PRISONERS
IN USMS CUSTODY: If a petition is made to the court to
allow a prisoner to make a deathbed visit or private viewing,
the US Marshal will ask the court, through the U.S. attorney, for a
hearing. At the hearing, the US Marshals position on the request
will be presented. The possibilities of bail reduction, personal recognizance, or temporary release from custody should be
considered if appropriate. The court should be made aware of
agency policy concerning deathbed visits and private viewings.
If the court directs the US Marshal to escort a prisoner to a deathbed
visit or private viewing, the US Marshals Service, through the U.S. attorney,
will request that the order be vacated. If the order is not
vacated, the US Marshals Service, through the U.S. attorney, will ask that the
specific security procedures outlined in this section be
incorporated into the order. If the order is contrary to proper
security or safety practices, the US Marshal will notify the Assistant
Director, Prisoner Services Division, as well as the Office of General Counsel for
further guidance. |
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E. |
REIMBURSEMENT
FOR USMS COSTS |
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1. |
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. An SF–1114 (Bill for Collection) must be
prepared and provided to the prisoner to support the fee
collected. 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). |
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2. |
District
Accounting: Initial charges will be reported on the
appropriate accounting forms. These include the payments of
guards, per diem, jail bills, Private Owned Vehicle
mileage and miscellaneous expenses. The payments made by the
district office will be charged against the proper
appropriation. Upon receipt of payment for the billing, the
district office will deposit the remittance showing credit back
to the correct appropriation in the proper object classes. The
collection should be reflected in the monthly financial reports. |