Title 18 — Crimes and Criminal ProcedureRelease 119-73not60

§4045 Authority to Conduct Autopsies

Title 18 › Part III— PRISONS AND PRISONERS › Chapter 303— BUREAU OF PRISONS › § 4045

Last updated Apr 5, 2026|Official source

Summary

The prison's top official can order an autopsy and related medical or scientific tests when an inmate dies by homicide, suicide, a fatal illness or accident, or for an unexplained death. The tests can be done to find crimes, keep order, protect other inmates' health or safety, address official misconduct, or defend the United States or its employees from civil lawsuits. When it does not interfere with the needed tests, state and local rules that protect religious beliefs about autopsies must be followed. The official can also allow tissue removal for transplant if a person authorized under the state's law gives written consent.

Full Legal Text

Title 18, §4045

Crimes and Criminal Procedure — Source: USLM XML via OLRC

A chief executive officer of a Federal penal or correctional facility may, pursuant to rules prescribed by the Director, order an autopsy and related scientific or medical tests to be performed on the body of a deceased inmate of the facility in the event of homicide, suicide, fatal illness or accident, or unexplained death, when it is determined that such autopsy or test is necessary to detect a crime, maintain discipline, protect the health or safety of other inmates, remedy official misconduct, or defend the United States or its employees from civil liability arising from the administration of the facility. To the extent consistent with the needs of the autopsy or of specific scientific or medical tests, provisions of State and local law protecting religious beliefs with respect to such autopsies shall be observed. Such officer may also order an autopsy or post-mortem operation, including removal of tissue for transplanting, to be performed on the body of a deceased inmate of the facility, with the written consent of a person authorized to permit such an autopsy or post-mortem operation under the law of the State in which the facility is located.

Reference

Citations & Metadata

Citation

18 U.S.C. § 4045

Title 18 — Crimes and Criminal Procedure

Last Updated

Apr 5, 2026

Release point: 119-73not60