It has been brought to our attention that the jail and jailers may not be in compliance with state and federal laws concerning medical treatment and disabilities. I have sent one FOIA request and received information back, and am sending a second for the policies involving disabled inmates, and inmates in general.
My first FOIA involved an inmate that reported he had fallen and not received medical care. I was sent a video of the “second” fall according to the inmate. So looking up the state laws on this I found these:
12 CAR § 50-903. Emergency and sick call procedures required.
(a) The chief executive shall establish a sick call procedure which extends medical, dental, and mental healthcare services to all detainees.
(b) The chief executive shall establish an emergency healthcare procedure which provides that mental healthcare services necessary to prevent self-injurious behavior and emergency medical services are available.
This is what I will be asking for in the FOIA
12 CAR § 50-904. Records required.
(a) A written or electronic record shall be made and retained in the criminal detention facility’s file of all detainee medical and dental complaints and the prescribed medication or treatment.
(b) Place, date, time, and nature of the healthcare services provided shall be documented.
(c) No detainee shall have access to the medical record of any other detainee.
So there should be a record of a fall in the jail if there was one.
12 CAR § 50-1506. Disabled detainees.
(a) There shall be housing and service areas in each detention facility available in which to house and care for disabled detainees in compliance with state and federal law.
(b) Readily available alternative facilities may be used to meet this requirement.
Disabled and elderly inmates many times have different needs than younger, healthier inmates, using devices such as a cane for walking. Many take several prescriptions as well.
I will be posting my findings soon…..