_____COUNTY HOMICIDE AND QUESTIONABLE
DEATH PROTOCOL POLICY
POLICY
PURPOSE
The purpose of this procedural outline shall be as follows:
A. To establish areas of responsibility for various agencies normally involved in homicide and questIonable death investigations.
B. To establish procedures for each agency to follow in pursuing its part in the investigation so that a common procedure will be used. throughout__Couniy.
C. To establish areas of cooperation where the various agencies can assist each other.
2. SCOPE
The procedural outline is intended to cover all investigations into deaths which occur or are discovered in_______ County,
The basis for the death investigation requirements are set forth in the Illinois Revised Statutes, Chapter 55, ILCS 5/3- 3013, whichreads in part “Preliminary Investigation: Every Coroner, whenever, as soon as he knows or is informed that a dead body of any person is found, or lying within his county, or death is suspected of being:
(1) a sudden or violent death, whether apparently suicidal, homicidal, or accidental, including but not limited to deaths apparently caused or contributed to by thermal, traumatic, chemical, electrical or radiational therapy, or a complication of any of them, or by drowning or suffocation;
(2) in maternal or fetal deaths due to abortion, or any death due to a sex crime or a crime against nature.
(3) a death where circumstances are suspicious, obscure, mysterious, or otherwise unexplained, or where, in the written opinion of the attending physician, the cause of death is not detennined;
(4) addiction to alcohol or to any drug may have been a contributory cause; or
(5)adeathwhereadecedentwas not attended byalicensedphysician; shall go to the place where the dead body is and take charge of the same and shall make a preliminary investigation into the circumstances of the death In the case of death without attendance by a licensed physician, the body may be moved with the coroner’s consent from the place of death to a morgue or mortuary in the same county. Coroners in their discretion shall notify such physician as is designated in accordance with Section 3-3014, to attempt to ascertain the cause of death, either by autopsy or otherwise.
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B When a person dies as a result of circumstances specified in Subsection (A through E) of this section or is found dead and the cause of death in unknown, the person who discovers the death shall report it immediately to the Coroner and the Coroner shall take legal custody of the body. The body of any such person shall not be removed form the place of death except upon the authority of the Coroner and consultation with the local law enforcement agency, cr the State’s Attorney, nor shall any article on or immediately surrounding such body be disturbed until authorized by the Coroner and consultation with the local law enforcement agency or State’s Attorney.
The ultimate objective ofa crIminal investigation is a finding of fact, and if a crime is found to have been committed, the successful prosecution of the offender in a court of law. Because the result of a trial is a reflection of the investigating law enforcement agency, the Coroner and the State’s Attorney’s Office, each has a valid interest in assuring the success of the investigation and. prosecution.
The Coroner and the law enforcement agency must conduct a thorough investigation that establishes the identity of the victim and offender, as well as providing a base of competent evidence upon which to proceed with prosecution
The Coroner must make all necessary inquiry to establish a cause and manner of death of any person in his jurisdiction who may have been the victim of criminal activity.
The State’s Attorney’s Office must provide timely advise as to legal consequences of evidence gathering The insured consistency of investigative procedures and sound evidence collection in cases presented within its jurisdiction.
The County Coroner’s Oflice, County Law Enforcement
Agencies, and the _______County State’s Attorney mutually agree that in all situations covered within the scope of this policy where the mortal trauma occurs in _____County or the body of a deceased is discovered in County, will make every reasonable effort to insure that a proper postmortem investigation and/or autopsy when necessary is provided.
3. DEFINITIONS
Law Enforcement Agencies
Henceforth, all municipal police agencies within County, the.,____ County Sheriff’s Office, and the Illinois State Police will be referred to collectively as “Law Enforcement Agencies”.
B. Homicide
The act of a human being taking the life of another human being, whether criminal, justifiable, or otherwise.
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C. Jurisdiction
Ailareasthatarewithinthebouadatiesof_County,Stateofiffinois.
4. AGENCIES CONCERNED AND GENERAL AREAS OF RESPONSIBILITY
A. Law Enforcement Agencies
The function of law enforcement agencies is to collect all evidence from the death scene and from other sources which bears on the issues of a criminal investigation.
B. Coroner
The Coroner’s function is to make all necessary inquiry to establish a cause and manner of death of the deceased person(s). Specific responsibIlity:
(1) Take custody of the body;
(2.) Make preliminary examination of deceased and assessment of the scene and determine necessity for command personnel and other agencies to assist with investigation.
(3.) Responsible in the identification of the deceased through various forensic identification procedures such as medical and dental records, or by other means as the circumstances require;
(4.) hwentoiy and seize personal property of the deceased and retimi to the proper legal next of kin.
(5.) Make proper notification of the deceased’s next of kin.
C. Fire Departments / Paramedic Rescue
Theflredepartmentisgenerallycaflcdtothesceneinancfforttoprescrvethelifeof the victim. In fire related deaths, the function of the fire department is to extinguish the fire and determine the cause and origin of the fire in cooperation with the law enforcement agency or the Illinois Fire Marshal’s Office.
D. State’s Attorney
The State’s Attorney’s function is to act as an advisor on the legal consequences of evidence gathering and its bearing upon the proof required to gain a conviction, and as a monitor to insure the consistency of investigations conducted under their jurisdiction.
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5. NOTiiiCAUON AND CUSTODY OF TilE SCENE
A.. Law Enforcement Agencies
(1) The law enforcement agencies have the primary responsibility for conducting the investIgation at a homicide or questionable death scene within their respective jurisdictions. They must be notified immediately by whatever agency first arrives on the scene, and a member of the law enforcement agency wIll go to thc scene upon notification.
(2) The law enforcement agency shall have custody of the scene upon its arrival, until the arrival of the coroner who will then take charge of the scene, and all other agencies shall follow his instructions concerning processing of the scene. However, the body shall not bemovedordisturbedinanyway, except as is essential forthe preservation of life or the immediate collection and preservation of evidence and identification.
B. Coroner
(1) When the Coroner arrives at the scene, he will, without disturbance, examine the body, pronounce death, and immediately assess the scene and request other appropriate law enforcement agencies to assist in the investigation. He shall then preserve the scene or desIgnate another law enforcement officer to do so until all requested agencies have arrived, conducted their investigation or until such a time he is relieved by the coroner or his command officer. Nothing, includIng the body, should be disturbed until the law enforcement agency personnel have arrived and completed their processing of the scene.
(2) The Coroner must be immediately notified by the law enforcement agency when its personnel anive on the scene. The Coroner must view the body at the scene prIor to it being moved, At the scene the body will not be disturbed in any manner other than by the Coroner’s personnel.
(3) When extraordinary circumstances deem it advisable, it will be
at the discretion of the Coroner if the pathologist is to respond. to the scene and consult in the investigation. This is solely the responsibility of the Coroner,
(4) The next of kin of the deceased will not be notified by the Coroner’s Office imlil consultation is made with the law enforcement agency. Such notification will be made by the Coroner, and will be dependent on the circumstances of the particular case. When the deceased is a police officer, the law enforcement agency may send a representative along for notification. When the deceased Is a flreflghter/paramedic/EMT, etc. the fire department may send a representative along for the notification. There will never be a notification made to any family without permission of the Coroner and only at the appropriate time determined by the Coroner and only when doing so when accompanied by the Coroner or his representative.
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C. Fire, Paramedic, and Ambulance Units
(1) Unless death is obvious appropriate EMS units shall be notified by the first agency on the scene.
(2) If the EMS unit is the first agency on the scene where the death is obvious, it shall immediately notify the Coroner and the appropriate law enforcement agency and preserve the integrity of the scene until the arrival of the agency. Law enforcement personnel will take custody of the scene immediately upon their arrival and immediately contact the Coroner.
(3) Immediate notification shall be made to the Coroner by either the fire department personnel, paramedics, or any personnel of the ambulance units, or law enforcement personnel, in accordance with the Illinois Revised Statutes, Section 3-3020 “ Coroner to be Notified”.
3-3020. “Every law enforcement officer, funeral director, ambulance attendant, hospital director or admInistrator, or person having custody of the body of a deceased person, where the death is one subject to investigation under Section 3-3013, and any physician in attendance upon such a decedent at the time of his death, shall so notify the Coroner promptly, Any such person failing to notify the Coroner promptly shall be guilty of a Class A Misdemeanor, unless such person has reasonable cause to believe that the Coroner has already been notified.”
4. State’s Attorney
(1.) In all cases of homicide, probable homicide, or questionable death, and in law enforcement situations that present a substantial risk of homicide, (i.e., barricaded subjects, hostage situations, riots, etc.) The law enforcement investigator in charge of the incident shall immediately insure the on-call State’s Attorney’s representative is notified flom the periodical duty State’s Attorney (in-call) roster. The State’s Attorney’s representative will detemiine wiiether it is appropriate to respond to the scene. The State’s Attorney’s representative shall respond with additional State’s Attorney personnel as necessaly afler consultation with the law enforcement officer and Coroner in charge of the incident.
(2.) In regards to an obvious homicide investigation the _County Coroner or his designated representative shall personally notify the necessary command personnel for the agency having geographic jurisdiction of the scene.
6. UNIFORM HOMICIDE AND QUESTIONABLE DEATH PROCEDURES
1. Unlessdeathisobviousatthethnetheflrstagencyanivesatthescene,all
appropriate aid shall be given. Notbingin thisprotocol and procedute
outline shall be litleipretedlo intcrlre with any action necessaiyto saycibe
ljibof p victim. However, consistent with the foregoing, the following
procedure shall be observed by all the law enforcement agencies, fire,
paramedics, or ambulance personnel who render aid to a victim,
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(1.) Only those personnel who are actively aiding a victim should be in the immediate area. All others will remain away, thus avoiding nnnecessaty disturbance of the scene.
(1) The vIctim will not be moved wmecessarily.
(3.) Nothing in the area shall be touched or disturbed in any way unless required ni the giving of aid to the victim. if the items must be moved, a report of this will be given to the Coroner and the law enforcement office as soon as possible upon their anival on the scene.
(4.) After death has been established, all personnel will withdraw from the scene and follow instructions from the Coroner and/or law enforcement office in charge.
(5.)Acompleteistofallpersonswhoentertheareawillbegiventothe Coroner and the law enforcement officer in charge of the scene.
(6) Law enforcement agencies and fire departments shall, upon their arrival on the scene, designate and officer in charge who shall enforce these procedures.
(7.) An officer in charge of the fire department or ambulance personnel will document in writing the identity and activity of each of his/her personnel on the scene and said report will be turned over to the Coroner and to the law enforcement investigator in charge upon their arrival on the scene.
(8.) To preserve evidence which may exist at the scene of a questionable death:
(a.) Approach the scene with caution;
(b.) Enter and leave the scene by the same route. Do not walk through blood stains or disturb other evidence. Before leaving the scene check shoes to see if any objects (such as bullets or debris) have been picked up on the shoes or soles;
(c.) Allow only one person to initially approach the scene.
When possible wait for police assistance before
approaching the scene;
(d,) If possible, wear rubber gloves to minimize scene contamination;
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(e) When probably dead, assess the victim with a minimal amount of physical contact or movement. Check for a carotid pulse and listen for heart and breath sounds. When obvIozus signs cf death rcjresent. such as lividüyñrmrtIL oni putrefaction. do. not attach ihe canliac monitQr or touch thei’ictrn
(f) Notify the Coroner of where the victim was touched;
(g.) If it is necessary to move the victim, note the exact
position and location of the victim prior to movement;
(Ii.) Do not touch or move any item at the scene unless
absolutely necessaty to render care to the patcnt.
Document if items were touched or moved;
(L) Do not cut thraugh blood staIns or bullet holes in clothing; (j.) Circle puncture sites that you have made on the victim, if
necessaiy;
(k.) When leaving the scene, collect miscellaneous items which
were used to treat the victim (paper, syringes, etc) Secure
properly.
(9W) The law enforcement agencies, Coroner, and StaWs Attorney have a continuing responsibility to coordinate policies and procedures and to provide training to the various lire and rescue services of their jwisdiction to facilitate compliance with the provisions herein.
2. The first law enforcemcnt officer on the scene shall have custody of the scene until relieved by the investigator in charge, This does not preclude the Coroner from the initial contact of the deceased or the scene.
C. If the victim is determined to be dead, the officer will secure the scene and allow no activity which might llsturb the evidence irntil such time the Coroner has been notified and has arrived at the scene to pronounce death.
IL The body shall not be rnwed until the C ronerha&arriv4on the scene, At that time, the Coroner shall take charge of the body and the body will not be disturbed at any point unless done so at the Coroner’s direction or by Ms personneL
E. The removal of the body shall be directed by the Coroner and/or his representative and shall be done so in a manner prescribed by the Coroner’s Office procedures, which include, but are not limited to the removal of the body placed on either a plastic or a white cloth sheet and to be sealed in a body bag. This does not preclude the law nforcemcnt agency to examine and photograph all evidence which is disclosed by movement of the body, however, it will not allow any evidence to be removed from the body until such time at the morgue, unless approved by the Coroner.
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(1.) Bodies covered by this procedure shall be placed in a new vinyl body bag and sealed by the Coroner in the presence of the law enforcement investigator. The sealing process will then be photographed by the law enforcement investigator at the crime scene. To preserve the integrity of the body in the chain of custody of any evidentiary items present on or within the body, the seal will not be broken and the body will not be removed from the body bag except by the Coroner after the photographs have been taken by the law enforcement investigator, crime scene technician, evidence technician, or pathologist.
(2.) The body bag shall be offered to the law enforcement agency as evidence. It will be their discretion if they feel it is of evidentiary value
7. POST-MORTEM EXAMINATION
A. A post-mortem examination will be performed by a forensic pathologist at the direction of the Coroner in all cases where the suspected manner of death is a homicide or questionable. Exceptions to this procedure shall be by mutual agreement between the Coroner and the State’s Attorney with input from the law enforcement agency.
2. The Coroner will give the appropriate law enforcement agency sufficient notice of time and place of autopsy to be performed, so that if warranted, they may have two representatives there to collect physical evidence and obsere. One representative is to collect physical evidence and take photographs. The second representative is the one assigned the investigation. Exceptions to the number of representatives may be made through the Coroner’s Office.
3. Any verbal preliminary status reports, not involving opinions that are given or delivered by the pathologist to the Coroner at the autopsy should be considered that of purely speculative information. The final written autopsy report will not be available until such time the inquest date has been established or as such time that the report is released to the State’s Attorney or the appropriate law enforcement agency by the Coroner’s Office.
4. The preliminary verbal report of the scene investigation will be made to the Coroner by the investigator in charge or his designee. A written report of the scene investigation shall be delivered to the Coroner by the investigator in charge when such report is completed and prior to the inquest.
5. At the time the autopsy is being performed, the law enforcement agency shall provide the Coroner and pathologist with all information obtained from the scene investigation which the Coroner and pathologist deems necessary to the proper performance of autopsy or the evaluation of autopsy findings.
6. ThepathologistandtheCoronerwillcxaminethebodyand itemsonthebodyand collect items of physical evidence of all evideutiary value. The release of all evidentiaryitemsonorinthehodywiflbeatthedirectionoftheCoroner. Inmost instances, any items of evidentiary value found upon the body will be returned or
7. relinquished to that of the law enforcement agency or crime laboratory. Any body
fluids, tissue, or other samples will be retained and properly examined for evidentiaiy value by the Coroner’s office, unless otherwise so relinquished by the Coroner.
8. Any agency requiring certified copies of the death certificate may obtain them from
the City Cleik’s Office in , illinois or County Cleik’s Office,
________County Courthouse,________ illinois.
8. ORGAN AND/OR TISSUE DONATION
The Coroner, the State’s Attorney, and the law enforcement agencies of County agree the victims who have died of possIble criminal trauma under the jurisdiction of _________ County are eligible as prospective donors for organ and/or tissue donation, unless the harvesting procedure of the organ and/or tissues would impair or impede the criminal investigation. This determination will be made on a case by case circumstance.
9. INFORMATION RELEASE
The appropriate law enforcement agency shall have the sole responsibility and authority to regulate release of infonnation, including investigation keys, pertaining to the case under investigation that are covered by this policy. Any and all inquiries regarding the deceased (Le. identily of the deceased, injurIes, cause of death, manner of death), or any contact reference Coroner’s procedures shall be directed to the Coroner’s Office for release that includes identification. The press and the media shall be directed to the investigating law enforcement agency unless such questions refer to that of a specific nature of the body. All inforniation concerning the body involved in the incident shall be released directly from the Coroner’s Office. The Coroner’s Office shall not give a direct cause of death until such time of the inquest, or suck time is nccessaiy for the prosecution of the case.
It is suggested in major cases that the defined responsibility of each agency involved release only infàrniation which concerns that agencies “definition of office”. Law enforcement agencies should concern themselves with the release of information concerning the investigation that is undeiway. The Coroner should concern himself with the investigation as to the manner and cause of death and the identity of the individual only. The State’s Attorney’s office should concern themselves with the investigation and the prosecutorial duties of that particular office. The recommended way to handle a major case is to have a joint press conference so each of the three agencies involved, in an Investigation release information in a cooperative spirit and mode where each can address their own specific requirements or duties in the investigation.. This should be done only after prior conference of all three agencies (Law Enforcement Agencies, Coroner, State’s Attorney).
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County Homicide and Questionable Death Protocol Policy
THE FOREGOING PROTOCOL WAS ADOPED BY THE FOLLOWING PARTIES ON
BEHALF OF iH1IR RESPECTIVE DEPARTMENTS ON ‘lYlE DATE THE LAST OF
TIlE PARTIES SIGNS TIlE AGREEMENT.
DEPARTMENT SIGNATURE OF PRONTED NAME OF DATE
REPRESENTATIVE REPRESENTATIVE SIGNED
Ambulance Svc.
Police
Department
Public
Safety Dept.
Police
Department
Police
Department
Police
Department
Fire
Department
Fire
Prot. District
Fire
Prot. District
Fire
Prot. District
Fire
Prot. District
Fire
Prot. Dstrict