Louisiana 2018 2018 Regular Session

Louisiana Senate Bill SB558 Comm Sub / Analysis

                    The original instrument was prepared by Ashley Menou. The following digest, which
does not constitute a part of the legislative instrument, was prepared by Linda
Nugent.
DIGEST
SB 558 Reengrossed 2018 Regular Session	Barrow
Proposed law defines "custodian" as a warden, sheriff, deputy sheriff, law enforcement officer,
employee of a correctional facility, or any other person having actual custody of an incarcerated
person.
Proposed law defines "correctional facility" as facilities operated by a political subdivision, facilities
operated by private entities, and facilities owned or operated by the state or the Louisiana
Correctional Facilities Corporation that houses offenders sentenced to the custody of the Department
of Public Safety and Corrections.
Proposed law defines "correctional officer" as any employee of a correctional facility.
Proposed law defines "state of undress" as not dressed or not fully dressed.
Proposed law provides that a custodian shall make certain healthcare products available to all women
incarcerated in a correctional facility at no cost and in a quantity that is appropriate to the needs of
the woman without a medical permit. Further, provides that a woman need not be diagnosed with
an illness to have access to healthcare products. 
Proposed law provides that custodians shall make healthcare products available in housing units and
in the medical area of a correctional facility.
Proposed law provides that a male correctional officer shall not conduct a pat-down search or body
cavity search on an incarcerated woman unless the woman presents an immediate risk of harm to
herself or others and a female correctional officer is not available.
Proposed law provides that a male correctional officer shall not enter into an area of the correctional
facility in which incarcerated women may be in a state of undress or an area where incarcerated
women in a state of undress may be viewed. Further provides that if a female correctional officer is
not available or if a female correctional officer requires assistance, a male correctional officer may
enter into such area in the event of a medical emergency or if an incarcerated woman presents an
immediate risk of harm to herself or others.
Proposed law provides that a male correctional officer shall announce his presence upon entering
a housing unit for incarcerated women.
Proposed law provides that if a male correctional officer conducts a pat-down search or body cavity
search or enters a prohibited area in an emergency situation, the custodian or an employee of the correctional facility shall document the incident, including the circumstances necessitating the male
officer's actions, no later than three days after the incident.
Effective August 1, 2018.
(Adds R.S. 15:892.1)
Summary of Amendments Adopted by Senate
Senate Floor Amendments to engrossed bill
1. Adds definition of "state of undress" as not dressed or not fully dressed.
2. Makes technical corrections.