HLS 19RS-846 ENGROSSED
2019 Regular Session
HOUSE BILL NO. 356
BY REPRESENTATIVE HENRY AND SENATOR MARTI NY
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
CRIMINAL/JUSTICE: Provides relative to visitation of inmates with serious bodily
injuries at certain healthcare facilities
1 AN ACT
2To amend and reenact R.S. 15:833(A), relative to the department of corrections; to provide
3 relative to inmate contact with persons outside of a correctional institution; to
4 provide that an inmate who sustains serious bodily injury that requires admittance
5 to certain healthcare facilities is entitled to visitation with immediate family
6 members under certain circumstances; to provide relative to the notice provided to
7 the inmate's immediate family with respect to visitation; to provide for definitions;
8 and to provide for related matters.
9Be it enacted by the Legislature of Louisiana:
10 Section 1. R.S. 15:833(A) is hereby amended and reenacted to read as follows:
11 ยง833. Inmate contact with persons outside institution; temporary release
12 A.(1)(a) The secretary of the Department of Public Safety and Corrections
13 may authorize visits and correspondence under reasonable conditions between
14 inmates and approved friends, relatives, and other persons.
15 (b)(2)(a) If an inmate sustains serious bodily injury requiring admittance to
16 an intensive care unit or trauma center, the warden or other governing authority of
17 the correctional facility, jail, or other detention facility shall attempt to notify the
18 inmate's immediate family within eight hours of the medical decision to transport the
19 inmate to the intensive care unit or trauma center.
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HB NO. 356
1 (c)(b)(i) Notwithstanding any other provision of law, if an inmate sustains
2 serious bodily injury requiring admittance to an intensive care unit or trauma center,
3 a member of the inmate's immediate family shall be granted visitation with the
4 inmate. Visits shall be granted daily for the duration of the inmate's admission to the
5 intensive care unit or trauma center, unless the warden or other governing authority
6 of the inmate's correctional facility, jail, or other detention facility provides written
7 notice, within six hours of the inmate's admission to the intensive care unit or trauma
8 center, to any immediate family member seeking visitation why such visitation
9 cannot be granted. Notwithstanding the provisions of this Item to the contrary, if the
10 inmate's admission to the intensive care unit or trauma center occurs between the
11 hours of 8:00 p.m. and 4:00 a.m., the correctional or detention facility shall provide
12 the required written notification within twenty-four hours of the time the serious
13 bodily injury occurred inmate's admission to the intensive care unit.
14 (ii) For purposes of this Paragraph, "serious bodily injury" means bodily
15 injury that involves unconsciousness, extreme physical pain or protracted and
16 obvious disfigurement, or protracted loss or impairment of the function of a bodily
17 member, organ, or mental faculty, or a substantial risk of death The visitation
18 provided for by this Subparagraph may be supervised.
19 (iii) For purposes of this Paragraph, "immediate family" means a spouse,
20 child, parent, stepparent, sibling, stepsibling, grandchild, or grandparent of the
21 inmate The visitation provided for by this Subparagraph may be revoked if any
22 immediate family member possesses any item of contraband during the visitation.
23 (iv) The visitation provided for in this Subparagraph may be supervised The
24 visitation provided for by this Subparagraph shall follow the security policies and
25 procedures of both the correctional facility where the inmate was incarcerated at the
26 time he sustained the serious bodily injury and those of the medical facility where
27 the inmate is being treated.
28 (v) The visitation provided for in this Subparagraph may be revoked if any
29 immediate family member possesses any item of contraband during the visitation.
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HB NO. 356
1 (c) For purposes of this Paragraph:
2 (i) "Immediate family" means a spouse, child, parent, stepparent, sibling,
3 stepsibling, grandchild, or grandparent of the inmate.
4 (ii) "Serious bodily injury" means bodily injury that involves protracted and
5 obvious disfigurement, protracted loss or impairment of the function of a bodily
6 member, organ, or mental faculty, or a substantial risk of death.
7 (2)(3) The secretary shall establish and promulgate rules, regulations, and
8 procedures regarding the review and inspection of all incoming and outgoing death
9 row inmate correspondence in order to effectuate the purposes of Chapter 21-C of
10 Title 46 of the Louisiana Revised Statutes of 1950, and to determine whether any
11 contractual arrangements governed by those provisions are in effect or being
12 contemplated by an inmate or any other person.
13 * * *
14 Section 2. This Act shall become effective upon signature by the governor or, if not
15signed by the governor, upon expiration of the time for bills to become law without signature
16by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
17vetoed by the governor and subsequently approved by the legislature, this Act shall become
18effective on the day following such approval.
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)]
HB 356 Engrossed 2019 Regular Session Henry
Abstract: Provides relative to visits of immediate family members of an inmate who
sustains serious bodily injury and is admitted to an intensive care unit.
Present law provides that the secretary of DPS&C may authorize visits and correspondence
under reasonable conditions between inmates and approved friends, relatives, and other
persons.
Proposed law retains present law.
Present law provides that if an inmate sustains serious bodily injury that requires admittance
to an intensive care unit (ICU) or trauma center, the warden or other governing authority of
the correctional facility, jail, or other detention facility must attempt to notify the inmate's
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HB NO. 356
immediate family within eight hours of the medical decision to transport the inmate to the
ICU or trauma center.
Present law further provides that if an inmate sustains serious bodily injury that requires
admittance to an ICU or trauma center, a member of the inmate's immediate family must be
granted visitation with the inmate for the duration of the inmate's admission to the ICU or
trauma center, unless the warden or other governing authority of the inmate's correctional
facility, jail, or other detention facility provides written notice, within six hours of the
inmate's admission to the ICU or trauma center, to any immediate family member seeking
visitation on why such visitation cannot be granted.
Proposed law removes the references to trauma centers from present law. Further requires
visits to be granted daily for the duration of the inmate's admission to the ICU, unless notice
is provided to any immediate family member of the inmate as to why such visitation cannot
be granted pursuant to present law.
Proposed law provides that the visitation of the inmate's immediate family may be
supervised, and may be revoked if any immediate family member possesses any item of
contraband during the visitation.
Proposed law further requires the visitation to follow the policies and procedures of both the
correctional facility where the inmate was incarcerated at the time he sustained the serious
bodily injury and those of the medical facility where he is being treated.
Present law provides for definitions of "immediate family" and "serious bodily injury".
Proposed law retains the present law definition of "immediate family" and amends the
present law definition of "serious bodily injury" to read as follows: bodily injury that
involves protracted and obvious disfigurement, protracted loss or impairment of the function
of a bodily member, organ, or mental faculty, or a substantial risk of death.
Present law requires the secretary of DPS&C to establish and promulgate rules, regulations,
and procedures regarding the review and inspection of all incoming and outgoing death row
inmate correspondence.
Proposed law retains present law.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends R.S. 15:833(A))
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