For many families, the death of a loved one is devastating—yet when that death occurs in prison, the pain is compounded by a labyrinth of policies, red tape and costs that too often keep the deceased’s remains and personal items out of reach. Across multiple states, next of kin report being caught off guard by delays in notification, indefinite investigations and steep bills to transfer a body. Meanwhile, prized belongings may be treated like evidence and never returned.
Locked Up Even After Death: Notification Delays and Unclear Procedures
When someone dies in a correctional facility, there is often no clear path for the family. In many jurisdictions, an investigation begins immediately and can remain open for months, during which the deceased’s body may not be released. In at least 18 states, a death in custody is treated like a crime scene until cleared — and many of those states don’t specify how long investigations should take.
In one case, a mother was notified her son had died while incarcerated only after a chaplain’s call. By the time she could consider alternatives—including an independent autopsy—she felt forced into cremation, citing delays and mounting costs.
The Hidden Cost: Burial, Transport and Belongings
Families say the financial burden of reclaiming a loved one’s remains from prison can be punishing. In about two dozen jurisdictions, the next of kin are responsible for funeral, transport and paperwork costs—even for someone who died while under state supervision. In one example, the cost exceeded $4,000 to ship a body across state lines and prepare for burial.
Meanwhile, personal items are often held as “evidence,” and may be withheld until investigations conclude — or may never be returned at all. One daughter waited nearly four months to get back her father’s personal effects and is still missing his glasses, treasured books and sneakers.
Seeking Change: Toward Transparency, Compassion and Timely Release
Legal experts and advocates argue that system reform must begin with three clear principles: transparency in communication; deadlines for processing and release; and policies that treat the deceased — and their families — with dignity. Some states are beginning to provide bereavement guides and clearer timelines. At the federal level, legislation has been introduced to mandate timely family notification when someone dies, is injured or falls ill in federal custody. The goal: reduce confusion, ensure accountability and relieve families of avoidable hardship.
