§892.1. Standards and requirements for the incarceration of women

A. As used in this Section, the following words shall have the following meanings:

(1) "Correctional facility" means any jail, prison, penitentiary, juvenile institution, temporary holding center, or detention facility.

(2) "Correctional facility employee" means any employee of a correctional facility.

(3) "Custodian" means a warden, sheriff, deputy sheriff, or law enforcement officer.

(4) "State of undress" means not dressed or not fully dressed.

B.(1) A custodian shall make healthcare products available to all women incarcerated in a correctional facility at no cost and in a quantity that is appropriate to the needs of the woman without a medical permit. Custodians shall not require that a woman be diagnosed with an illness to access healthcare products. Custodians shall make healthcare products available in housing units and in the medical area of a correctional facility.

(2) Healthcare products, as used in this Section, shall include all of the following:

(a) Feminine hygiene products.

(b) Moisturizing soap that is not lye-based.

(c) Toothbrushes.

(d) Toothpaste.

(e) Any other healthcare product the custodian deems appropriate.

C.(1) A male correctional facility employee shall not conduct a pat-down search or body cavity search on an incarcerated woman unless the woman presents an immediate risk of harm to herself or others and a female correctional facility employee is not available.

(2) A male correctional facility employee shall announce his presence upon entering a housing unit for incarcerated women.

(3) A male correctional facility employee shall not enter into an area of the correctional facility in which incarcerated women may be in a state of undress or an area where incarcerated women in a state of undress may be viewed including but not limited to restrooms, shower areas, or medical treatment areas. If a female correctional facility employee is not available or if a female correctional facility employee requires assistance, a male correctional facility employee may enter into an area as provided in this Paragraph in the event of a medical emergency or if an incarcerated woman presents an immediate risk of harm to herself or others.

(4) If a male correctional facility employee conducts a pat-down search or body cavity search or enters a prohibited area in an emergency situation as provided in Paragraphs (1) and (3) of this Subsection, the custodian or a correctional facility employee shall document the incident, including the circumstances necessitating the male correctional facility employee's actions, no later than three days after the incident. The custodian shall review and retain all documentation.

D. The Department of Public Safety and Corrections shall promulgate rules and regulations in accordance with the Administrative Procedure Act to effectuate the provisions of this Section.

Acts 2018, No. 392, §1.