Bill Text: MS HB1138 | 2011 | Regular Session | Introduced
Bill Title: Physical abuse of incarcerated offenders; require physicians to report to the Department of Corrections.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Failed) 2011-02-01 - Died In Committee [HB1138 Detail]
Download: Mississippi-2011-HB1138-Introduced.html
MISSISSIPPI LEGISLATURE
2011 Regular Session
To: Corrections
By: Representatives Banks, Hines
House Bill 1138
AN ACT TO REQUIRE THAT IF ANY PHYSICIAN, MEDICAL DOCTOR OR NURSE SUSPECTS THAT AN INCARCERATED OFFENDER WHO IS UNDER THE JURISDICTION OF THE DEPARTMENT OF CORRECTIONS HAS BEEN SUBJECTED TO PHYSICAL ABUSE, NEGLECT OR EXPLOITATION, THEN SUCH ABUSE MUST BE REPORTED TO THE COMMISSIONER OF THE DEPARTMENT; TO PROVIDE CERTAIN IMMUNITY FOR THOSE REQUIRED TO REPORT; TO PROVIDE CERTAIN PENALTIES FOR FAILURE TO REPORT SUCH ABUSE, NEGLECT OR EXPLOITATION; TO PROVIDE THAT THE DEPARTMENT OF HUMAN SERVICES SHALL INVESTIGATE THE REPORTED ABUSE AND AFTER THE INVESTIGATION SHALL FILE A REPORT WITH THE OFFICE OF THE ATTORNEY GENERAL; TO REQUIRE THE DEPARTMENT OF HUMAN SERVICES TO ESTABLISH A STATEWIDE CENTRAL REGISTER OF REPORTED ABUSE; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) Any physician, medical doctor, or nurse engaged in the admission, examination, care or treatment of any incarcerated offender, who is under the jurisdiction of the Department of Corrections, and knows or suspects that the offender has been or is being physically abused, neglected or exploited shall immediately report such knowledge to the Commissioner of the Department of Corrections.
(2) (a) To the extent possible, a report made pursuant to subsection (1) must contain, but need not be limited to, the following information:
(i) Name, age, race, sex, physical description and location of each offender alledged to have been physically abused, neglected or exploited.
(ii) Name, address, and position of each alleged perpetrator, if known.
(iii) Description of the neglect, exploitation, or physical injuries sustained by the offender.
(iv) Actions taken by the reporter, if any. (v) Any other information available to the reporting person which may establish the cause of the physical abuse, neglect or exploitation that occurred or is occurring.
(b) In addition to the above, any person or entity holding or required to hold a license as specified in Title 73, Professions and Vocations, Mississippi Code of 1972, shall be required to give his, her or its name, address and telephone number in the report of the alleged abuse, neglect or exploitation.
(c) The Department of Corrections, or its designees, shall report to an appropriate criminal investigative or prosecutive authority any person required by this section to report or who fails to comply with this section. A person who fails to make a report as required under this subsection or who, because of the circumstances, should have known or suspected beyond a reasonable doubt that an offender suffers from physical abuse, neglect or exploitation but who knowingly fails to comply with this section shall, upon conviction, be guilty of a misdemeanor and shall be punished by a fine not exceeding Five Thousand Dollars ($5,000.00), or by imprisonment in the county jail for not more than six (6) months, or both such fine and imprisonment. If a person convicted under this section is a member of a profession or occupation that is licensed, certified or regulated by the state, the court shall notify the appropriate licensing, certifying or regulating entity of the conviction.
(3) Reports received by law enforcement authorities or other agencies shall be forwarded immediately to the Department of Human Services or the county department of human services. The Department of Human Services shall investigate the reported physical abuse, neglect or exploitation immediately and shall file a preliminary report of its findings with the Office of the Attorney General within forty-eight (48) hours if immediate attention is needed, or seventy-two (72) hours if the offender is not in immediate danger and shall make additional reports as new information or evidence becomes available. The Department of Human Services, upon request, shall forward a statement to the person making the initial report required by this section as to what action is being taken, if any.
(4) The report may be made orally or in writing, but where made orally, it shall be followed up by a written report. A person who fails to report or to otherwise comply with this section, as provided herein, shall have no civil or criminal liability, other than that expressly provided for in this section, to any person or entity in connection with any failure to report or to otherwise comply with the requirements of this section.
(5) Anyone who makes a report required by this section or who testifies or participates in any judicial proceedings arising from the report or who participates in a required investigation or evaluation shall be presumed to be acting in good faith and in so doing shall be immune from liability, civil or criminal, that might otherwise be incurred or imposed. However, the immunity provided under this subsection shall not apply to any suspect or perpetrator of any physical abuse, neglect or exploitation.
(6) A person who intentionally makes a false report under the provisions of this section may be found liable in a civil suit for any actual damages suffered by the person or persons so reported and for any punitive damages set by the court or jury.
(7) The Executive Director of the Department of Human Services shall establish a statewide central register of reports made pursuant to this section. The central register shall be capable of receiving reports of abused offenders in need of protective services seven (7) days a week, twenty-four (24) hours a day. The central register shall include, but not be limited to, the following information: the name and identifying information of the individual reported, the county department of human services responsible for the investigation of each such report, the names, affiliations and purposes of any person requesting or receiving information which the executive director believes might be helpful in the furtherance of the purposes of this act, the name, address, position, birth date, social security number of the perpetrator of physical abuse, neglect and/or exploitation, and the type of abuse, neglect and/or exploitation of which there was substantial evidence upon investigation of the report. The central register shall inform the person making reports required under this section of his or her right to request statements from the department as to what action is being taken, if any.
The Department of Human Services shall not release data that would be harmful or detrimental to the physically abused, neglected or exploited offender or that would identify or locate a person who, in good faith, made a report or cooperated in a subsequent investigation unless ordered to do so by a court of competent jurisdiction.
(8) Reports made pursuant to this section, reports written or photographs taken concerning such reports in the possession of the Department of Human Services or the county department of human services shall be confidential and shall only be made available to:
(a) A physician who has before him a physically abused, neglected or exploited offender whom he reasonably suspects may be abused, neglected or exploited, as defined in Section 43-47-5;
(b) A duly authorized agency having the responsibility for the care or supervision of a subject of the report;
(c) A grand jury or a court of competent jurisdiction, upon finding that the information in the record is necessary for the determination of charges before the grand jury;
(d) A district attorney or other law enforcement official.
Any person given access to the names or other information identifying the subject of the report, except the subject of the report, shall not divulge or make public such identifying information unless he is a district attorney or other law enforcement official and the purpose is to initiate court action. Any person who willfully permits the release of any data or information obtained pursuant to this section to persons or agencies not permitted to such access by this section shall be guilty of a misdemeanor.
SECTION 2. This act shall take effect and be in force from and after July 1, 2011.
