Plain English Breakdown
The source text contains conflicting phrasing regarding 'immediate' vs. 'imminent' threats and which staff types are restricted during these events, suggesting the final language may vary by amendment version.
Rules for Restraints on Incarcerated People in Hospitals
This law requires correctional standards to prohibit mechanical restraints on incarcerated patients receiving an advanced level of medical services, with specific exceptions for imminent physical threats or escape attempts.
What This Bill Does
- Requires the Board of State and Community Corrections to update its minimum standards to ban using mechanical restraints on incarcerated patients admitted to a hospital while they receive an advanced level of medical services.
- Allows hospitals to start their own medical restraint process if there is an imminent physical threat to the patient or others in the hospital.
- Prohibits local correctional facility staff from using mechanical restraints during an immediate physical threat inside the hospital.
- Authorizes state and juvenile facility staff to use mechanical restraints only if a patient attempts to escape, subject to certain requirements.
- Requires reimbursement for costs mandated by this bill if the Commission on State Mandates determines such costs exist.
Who It Names or Affects
- Incarcerated adults and juveniles admitted to hospitals receiving an advanced level of medical services.
- Staff at local, state, and juvenile correctional facilities.
- Hospitals treating incarcerated patients.
- The Board of State and Community Corrections.
Terms To Know
- Mechanical restraints
- Devices used to limit a person's movement, as defined by the bill.
- Advanced level of medical services
- A specific type of hospital care defined in the law that triggers these restraint rules.
Limits and Unknowns
- The exact definition of 'advanced level of medical services' is not provided in this summary text.
- Reimbursement to local agencies depends on a future determination by the Commission on State Mandates regarding whether costs are mandated.
- Specific requirements for using restraints during an escape attempt or hospital restraint processes are mentioned but not detailed here.