AN ACT TO REQUIRE THE DEPARTMENT OF CORRECTIONS TO CONVENE AN UNEXPECTED FATALITY REVIEW TEAM CONCERNING INMATE DEATHS UNDER CERTAIN CIRCUMSTANCES; TO PROVIDE CERTAIN DEFINITIONS; TO PROVIDE THE PRIMARY PURPOSE OF AN UNEXPECTED FATALITY REVIEW IS TO DEVELOP RECOMMENDATIONS FOR THE DEPARTMENT AND LEGISLATURE REGARDING CHANGES IN PRACTICES TO PREVENT CERTAIN FATALITIES PERTAINING TO INMATES; TO PROVIDE THAT AFTER A REVIEW IS CONDUCTED BY A TEAM, THE DEPARTMENT SHALL ISSUE A REPORT ON THE RESULTS OF A REVIEW; TO REQUIRE ALL UNEXPECTED FATALITY REVIEW REPORTS BE POSTED ON A PUBLIC WEBSITE; TO REQUIRE, UPON THE COMPLETION OF A REVIEW, THE DEPARTMENT TO IMPLEMENT ANY RECOMMENDATIONS MADE BY THE REVIEW TEAM AND TO REQUIRE THE DEPARTMENT TO IMPLEMENT A CORRECTIVE ACTION PLAN; TO AMEND SECTION 25-61-5, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PRECEDING SECTION; TO BRING FORWARD SECTION 25-61-12, MISSISSIPPI CODE OF 1972, WHICH PERTAINS TO CERTAIN EXEMPTIONS OF THE MISSISSIPPI PUBLIC RECORDS ACCT OF 1983, FOR PURPOSES OF POSSIBLE AMENDMENT; AND FOR RELATED PURPOSES.
Impact
The passage of HB1738 signifies a significant advancement in addressing inmate welfare within Mississippi's correctional facilities. By establishing a dedicated review team, the bill is poised to ensure that all unexpected inmate deaths are scrutinized, thus holding the MDOC accountable for its procedures. Furthermore, it emphasizes the importance of public access to information by requiring that reports on these reviews be made publicly available, thereby enhancing transparency within the corrections system.
Summary
House Bill 1738 mandates the formation of an Unexpected Fatality Review Team within the Mississippi Department of Corrections (MDOC) to oversee and analyze inmate deaths that occur unexpectedly. The bill delineates parameters for what constitutes an 'unexpected fatality,' aiming to foster a thorough investigation of such incidents. The initiative is directed at enhancing the health and safety of inmates by seeking to understand the root causes of fatalities and to implement necessary changes in current practices and policies.
Contention
Opposition to HB1738 may arise from concerns about the implications of public disclosure regarding incidents that involve sensitive information. While proponents argue for the necessity of transparency and accountability, critics may fear that public scrutiny could impact ongoing investigations or deter correctional staff from candidly reporting issues. Additionally, the requirement for corrective action plans poses a challenge for the MDOC in ensuring timely and effective implementation of recommendations following reviews.