Louisiana 2019 2019 Regular Session

Louisiana House Bill HB356 Comm Sub / Analysis

                    RESUMEHB356 3356 3870
RÉSUMÉ DIGEST
ACT 283 (HB 356) 2019 Regular Session	Henry
Existing law provides that the secretary of the Department of Public Safety and Corrections
may authorize visits and correspondence under reasonable conditions between inmates and
approved friends, relatives, and other persons.
Existing 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
immediate family within eight hours of the medical decision to transport the inmate to the
ICU or trauma center.
Existing 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.
New law retains existing law application with respect to inmates admitted to an ICU and
amends existing law to apply to inmates admitted to a "medical facility" rather than a "trauma
center".  Further requires visits to be granted daily for the duration of the inmate's admission
to the ICU or medical facility, unless notice is provided to any immediate family of the
inmate as to why such visitation cannot be granted pursuant to existing law.
New law further requires the visitation to follow all security procedures and policies of the
correctional facility, jail, or other detention center and the medical facility where the inmate
is being housed.
Existing law provides for definitions of "immediate family" and "serious bodily injury".
New law amends the existing law definitions to read as follows:
(1)"Serious bodily injury" means 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.
(2)"Immediate family" means a spouse, child, parent, stepparent, sibling, stepsibling,
grandchild, or grandparent of the inmate.  If all persons defined as "immediate
family" are deceased, then the term shall also include siblings of the inmate's parents.
Effective upon signature of governor (June 11, 2019).
(Amends R.S. 15:833(A)(1)(b) and (c)(i), (ii), and (iii); Adds R.S. 15:833(A)(1)(c)(vi))