Provides relative to medical emergency preparedness in correctional facilities
Provides relative to medical emergency preparedness in correctional facilities
This bill establishes comprehensive medical emergency protocols for Louisiana correctional facilities by amending Code of Criminal Procedure Article 62(C) and creating Part XX of Chapter 7 of Title 15, designated as the Louisiana Correctional Facility Medical Emergency Response and Accountability Act. The legislation mandates that all correctional officers and chaplains obtain and maintain current CPR and automated external defibrillator certifications from approved organizations, with initial certifications required within one hundred eighty days for current employees and ninety days for new hires. Every correctional facility must maintain sufficient operational AEDs to ensure at least one device is accessible within a three-minute response time from any inmate housing or congregation area, with monthly inspections and maintenance records required. The law requires facilities to establish voluntary inmate CPR training programs and imposes mandatory quarterly unannounced contraband screening of all correctional officers and staff with direct inmate contact, conducted by personnel independent of the facility's chain of command.
The legislation directly affects correctional officers, chaplains, inmates, correctional facility administrators, the Department of Public Safety and Corrections, and the Louisiana Department of Health. Officers and chaplains face mandatory certification requirements and ongoing compliance obligations, while those introducing contraband face suspension, termination, permanent employment prohibition, and potential criminal prosecution. Inmates gain the opportunity to volunteer for CPR training with positive recognition for participation, though without legal obligation to render aid or designation as first responders. Facility wardens must maintain comprehensive documentation systems and establish screening protocols respecting employee dignity. The law creates civil liability for correctional officers and staff who fail to render aid during medical emergencies, act with deliberate indifference to serious medical needs, or recklessly or intentionally delay medical response, and extends liability to facilities and their governing authorities for inadequate training, equipment failure, or customs discouraging medical response. Prevailing plaintiffs may recover compensatory and punitive damages, with failure to comply with the law's requirements creating a rebuttable presumption of negligence.
The legislation operates within the existing statutory framework of Louisiana criminal procedure and Title 15 dealing with criminal justice matters. The amendment to Code of Criminal Procedure Article 62(C) expands the attorney general's prosecutorial authority to include violations of the new section requiring the failure to render aid or summon emergency medical services when death or serious bodily injury results. The bill creates criminal penalties for specific conduct, including fines ranging from one thousand to twenty-five thousand dollars and imprisonment from one to five years for failing to render aid resulting in serious bodily injury or death, with permanent correctional employment and law enforcement employment prohibition. The law interacts with existing contraband statutes, particularly R.S. 14:402, by establishing procedures for investigating and prosecuting staff who introduce contraband. The legislation operates within Louisiana's tort system by establishing a civil cause of action and creating a rebuttable presumption of negligence when defendants fail to comply with the statutory requirements, effectively shifting the burden of proof on negligence once non-compliance is demonstrated.
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