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08-21-2005, 09:16 AM
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http://www.kansas.com/images/common/spacer.gifPosted on Sun, Aug. 21, 2005http://www.kansas.com/images/common/spacer.gifhttp://www.kansas.com/images/common/spacer.gif
KBI review of inmate deaths working, backers say
BY JOHN MILBURN
Associated Press
TOPEKA - KBI review of inmate deaths working, backers say
A policy of examining deaths of inmates in state and local custody is getting credit for helping to keep jails and prisons safe for the prisoners and the officers supervising them.
One state official said that because of the 13-month-old law, inmate suicides are a more visible issue, which could change how some officers are trained. Others contend jails and prisons are now more accountable.
"The initiative seems to be working," said Sonny Scroggins, a Topeka human rights activist who pushed for the policy. "We need checks and balances and we can't have accountability without a mechanism like this."
The law enacted at Scroggins' urging took effect July 1, 2004, and last year the Kansas Bureau of Investigation reviewed 42 deaths in custody. Most, or 29, were from natural causes, but 10 were suicides, while two resulted from accidents, and one from a hunger strike.
Change didn't come without a hitch, though. This year, legislators modified the law to make sure the KBI focuses on deaths involving suspicious circumstances or suicide, rather than natural causes.
"When we don't do our job, bad things are going to happen," said Coffey County Sheriff Randy Rogers. "The KBI can use it as a tool to make sure we're dotting i's and crossing t's."
Before the 2004 law, the KBI typically investigated between five and 10 inmate deaths a year, most of the ones involving suspicious circumstances, said Kyle Smith, the bureau's deputy director.
But Scroggins was concerned that deaths weren't being fully reviewed by officials or information about them disclosed to the public. Legislators enacted the law, requiring the KBI to investigate all deaths of inmates in city, county or state custody.
But in the month after the law took effect, the bureau was swamped with investigations, including two suicides in one week at the Sedgwick County jail. KBI officials asked legislators to modify the law this year.
They did, deciding the KBI didn't have to investigate if an autopsy, preliminary autopsy report or death certificate determined a death was from natural causes, or if the inmate had received regular care from a licensed physician.
Smith said investigating deaths from natural causes strained the KBI, citing a case in which the family of a terminally ill prisoner decided to end life support.
But Smith said investigations still determine whether there were any unusual circumstances, such as manslaughter or murder, so county prosecutors can be notified.
"It doesn't eliminate the civil aspects of the case, whether there was negligence or if someone should have been on suicide watch and wasn't," he added.
Also, every three months, the KBI reports on its completed investigations to the chairmen of the House and Senate committees that handle crime legislation.
Rep. Ward Loyd, R-Garden City and chairman of the House panel, said it is important for the public to know about such incidents.
"The question I have from the suicide standpoint is if they have satisfied themselves that everything was done to avoid the suicide," Loyd said.
© 2005 Wichita Eagle and wire service sources. All Rights Reserved.
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http://www.kansas.com/images/common/spacer.gifPosted on Sun, Aug. 21, 2005http://www.kansas.com/images/common/spacer.gifhttp://www.kansas.com/images/common/spacer.gif
KBI review of inmate deaths working, backers say
BY JOHN MILBURN
Associated Press
TOPEKA - KBI review of inmate deaths working, backers say
A policy of examining deaths of inmates in state and local custody is getting credit for helping to keep jails and prisons safe for the prisoners and the officers supervising them.
One state official said that because of the 13-month-old law, inmate suicides are a more visible issue, which could change how some officers are trained. Others contend jails and prisons are now more accountable.
"The initiative seems to be working," said Sonny Scroggins, a Topeka human rights activist who pushed for the policy. "We need checks and balances and we can't have accountability without a mechanism like this."
The law enacted at Scroggins' urging took effect July 1, 2004, and last year the Kansas Bureau of Investigation reviewed 42 deaths in custody. Most, or 29, were from natural causes, but 10 were suicides, while two resulted from accidents, and one from a hunger strike.
Change didn't come without a hitch, though. This year, legislators modified the law to make sure the KBI focuses on deaths involving suspicious circumstances or suicide, rather than natural causes.
"When we don't do our job, bad things are going to happen," said Coffey County Sheriff Randy Rogers. "The KBI can use it as a tool to make sure we're dotting i's and crossing t's."
Before the 2004 law, the KBI typically investigated between five and 10 inmate deaths a year, most of the ones involving suspicious circumstances, said Kyle Smith, the bureau's deputy director.
But Scroggins was concerned that deaths weren't being fully reviewed by officials or information about them disclosed to the public. Legislators enacted the law, requiring the KBI to investigate all deaths of inmates in city, county or state custody.
But in the month after the law took effect, the bureau was swamped with investigations, including two suicides in one week at the Sedgwick County jail. KBI officials asked legislators to modify the law this year.
They did, deciding the KBI didn't have to investigate if an autopsy, preliminary autopsy report or death certificate determined a death was from natural causes, or if the inmate had received regular care from a licensed physician.
Smith said investigating deaths from natural causes strained the KBI, citing a case in which the family of a terminally ill prisoner decided to end life support.
But Smith said investigations still determine whether there were any unusual circumstances, such as manslaughter or murder, so county prosecutors can be notified.
"It doesn't eliminate the civil aspects of the case, whether there was negligence or if someone should have been on suicide watch and wasn't," he added.
Also, every three months, the KBI reports on its completed investigations to the chairmen of the House and Senate committees that handle crime legislation.
Rep. Ward Loyd, R-Garden City and chairman of the House panel, said it is important for the public to know about such incidents.
"The question I have from the suicide standpoint is if they have satisfied themselves that everything was done to avoid the suicide," Loyd said.
© 2005 Wichita Eagle and wire service sources. All Rights Reserved.
http://www.kansas.com