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A. |
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: |
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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). |