What This Statute Says
This statute addresses a narrow circumstance: the body of a person who has been executed at the Arizona state prison. If no family claims the body within a day, an alternative pathway opens.
The bodies, or portions thereof, of persons executed at the state prison not claimed by relatives or friends within twenty-four hours after death, may be disposed of for scientific purposes by the superintendent of the prison, with consent of the governor, upon instruction by the department as provided by section 36-804.
A.R.S. § 36-805Three approvals must align: the prison superintendent, the governor, and the department. The 24-hour family-claim window is preserved.
When This Statute Comes Into Play
The provision is rarely invoked. Most executed persons have family who arrange final disposition, often in cooperation with prison chaplains or victim-services staff. The statute exists as a backstop when no family appears.
The scientific-purposes language tracks section 36-807, which authorizes delivery to hospitals, colleges, and licensed professionals. The body is treated with the same dignity and recordkeeping requirements as any other body received under the article.
What This Means for Arizona Families
This statute is unlikely to apply to your situation directly. But it illustrates a broader truth about Arizona disposition law: the default rules apply only when no one steps forward. Even in the case of an executed person, the family has a 24-hour window to claim the body and direct the disposition. The state acts only in the absence of that family action.
For families with an estranged relative who is incarcerated, the practical implication is to maintain contact with prison chaplaincy or the department of corrections so that, in the event of death, the family is in a position to make the claim. Our FAQ on documenting funeral wishes covers the broader question of advance planning. A signed authorization under section 36-831 names the person empowered to make these decisions, including the decision to claim a body within the time required by this statute. A standalone healthcare directive can incorporate that authorization.