RDCSB558 2697 3626
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
SB 558 Reengrossed 2018 Regular Session Barrow
Proposed law requires the custodian of a correctional facility to make certain healthcare
products available, in housing units and in the medical area, 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 defines "custodian" as a warden, sheriff, deputy sheriff, or law enforcement
officer; defines "correctional facility" as any jail, prison, penitentiary, juvenile institution,
temporary holding center, or detention facility; defines "correctional facility employee" as
any employee of a correctional facility; and defines "state of undress" as not dressed or not
fully dressed.
Proposed law provides that a male correctional facility employee 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 facility employee is not
available.
Proposed law provides that a male correctional facility employee 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 facility employee is not available or if a female correctional facility
employee requires assistance, a male correctional facility employee 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 facility employee shall announce his
presence upon entering a housing unit for incarcerated women.
Proposed law provides that if a male correctional facility employee 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 correctional facility employee's actions, no later
than three days after the incident.
Effective Aug. 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.
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Administration of
Criminal Justice to the reengrossed bill:
1. Remove "employee of a correctional facility or any other person having actual
custody of an incarcerated person" from the definition of "custodian".
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2. Amend the definition of "correctional facility" to mean any jail, prison,
penitentiary, juvenile institution, temporary holding center, or detention facility.
3. Change the term "correctional officer" to "correctional facility employee"
throughout proposed law.
4. Remove "body lotion" from the list of items included as healthcare products.
5. Provides that proposed law shall be known as the "Dignity for Incarcerated
Women Act".
6. Make technical amendments.
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