Provides relative to the Louisiana Correctional Medical Review Board

House Bill 828 creates the Louisiana Correctional Medical Review Board as an independent body within the office of the legislative auditor and establishes a comprehensive framework for investigating all in-custody deaths occurring in Louisiana correctional facilities. The legislation adds two new statutes, R.S. 15:1199.44 and 1199.45, to Part XX of Chapter 7 of Title 15. The core mechanism establishes a nine-member board composed of physicians, nurses, attorneys, civil rights advocates, corrections administrators, public health experts, and family members of deceased inmates. The board is tasked with conducting mandatory independent reviews of every in-custody death without exception, with reviews initiated within seventy-two hours of death notification. Wardens and facility administrators must notify the board within two hours of a confirmed inmate death, with civil penalties ranging from five hundred to five thousand dollars per day for late notification.

The legislation creates significant operational demands and accountability mechanisms affecting correctional facilities, the Department of Public Safety and Corrections, medical personnel, and the families of deceased inmates. Facility administrators face mandatory reporting obligations and potential civil penalties for non-compliance. The review board possesses broad investigative powers including the authority to compel production of medical records and documentation within five business days, conduct unannounced facility inspections, subpoena witnesses for sworn testimony in district court, retain independent forensic pathologists and medical experts at state expense, and order independent autopsies when the cause of death is disputed or staff misconduct is alleged. The board must issue written reports within sixty days that include factual summaries, determinations regarding facility compliance and staff conduct, specific corrective action recommendations, and systemic findings. Immediate family members of deceased inmates gain enforceable rights to receive full reports within five business days, submit written statements, and appear before the board during public hearings. The legislation prohibits retaliation against inmates, staff members, and witnesses, with violations subject to criminal and civil penalties under existing law.

This legislation operates within the broader statutory framework governing Louisiana correctional institutions and medical care standards. The review board's investigative authority is explicitly characterized as supplemental and independent, designed not to limit or replace existing investigative jurisdiction of law enforcement agencies, the legislative auditor, the Department of Public Safety and Corrections, or courts of competent jurisdiction. The bill cross-references R.S. 15:1199.38 and R.S. 15:1199.39, indicating it interacts with existing statutory provisions governing correctional facility conduct and criminal violations. The board must refer matters involving probable cause of criminal violations to the attorney general and relevant district attorneys, and must notify the United States Department of Justice Civil Rights Division when civil rights violations may have occurred. Professional licensing boards receive notification when licensed healthcare professionals fail to meet applicable standards of care. The legislation mandates that the Department of Public Safety and Corrections and the review board adopt implementing rules and regulations pursuant to the Administrative Procedure Act. The staffing and appropriations provisions and rulemaking authority become effective upon gubernatorial signature or expiration of signature time, while all remaining substantive provisions become effective January 1, 2027.