Even though they are incarcerated, offenders still retain some of their rights. Perhaps one of the most important of these is the right to adequate medical and mental healthcare. In this course, you will learn about the major U.S. Supreme Court decision that confirmed offenders’ rights to health care, and you will examine ways that correctional staff may or may not become liable for denying or delaying this health care. In addition, considerations related to suicide, HIV/AIDS, and forcibly medicating offenders are discussed.
This activity is approved for 1.50 STC credit hours.
This activity is approved for 1.50 contact hours.
This course has been approved by the South Carolina Criminal Justice Academy for 1.50 hours. CJA Lesson Plan #6101
Section 1: Introduction A. About the Course B. Learning Objectives Section 2: Liability Issues A. Meet Officer Ben Riley B. Key Rights C. Estelle v. Gamble D. The Standard for Liability E. Deliberate Indifference F. Medical Liability G. Negligence and Medical Care H. Avoiding Liability with Medical and Mental Health Care I. Doctor-Patient Privilege J. “Agents of the Doctor” K. A Case About Offender Millings L. Confidentiality M. Review Section 3: Considerations around Suicide and HIV/AIDS A. Focus of Suicide-Related Lawsuits B. Suicide Prevention Plan C. Report Suspicions D. Documentation E. Make Referrals F. Important Note G. HIV/AIDS Liability H. HIV/AIDS and Confidentiality I. Review Section 4: Forcibly Medicating Offenders A. When Offender Refuse Treatment B. Criteria to Meet C. Involuntary Medication: Mental Health Disorders and Washington v. Harper D. Review Section 5: Conclusion A. Summary B. Course Contributors C. Resources D. References E. Congratulations! F. Exam G. BrainSparks
Tracy G. Mullins is the Curriculum Designer for Public Safety at Relias. Tracy has a B.S. in the Administration of Criminal Justice and a Masters of Education in Instructional Technology. Prior to joining Relias Learning in 2017, Tracy worked in various capacities for the American Probation and Parole Association for 22 years. As a Research Associate and Sr. Research Associate, she worked on a variety of federally funded projects focusing on leadership, juvenile justice, victim services, tribal justice, and offender issues. Her responsibilities on these projects include researching justice issues, writing curricula and other publications, and delivering training and technical assistance. From 2010-2016, as Deputy Director of APPA, Tracy managed its grant division, as well oversaw its e-learning initiatives, which included writing and developing online training courses. Disclosure: Tracy Mullins, M.Ed. has declared that no conflict of interest, Relevant Financial Relationship or Relevant Non-Financial Relationship exists.Expert Reviewer: Linda L. Bryant, J.D., Sworn Jail Officer
Linda L. Bryant, J.D. is veteran public safety official and legal expert. She served as the Deputy Attorney General for Virginia for Criminal Justice and Public Safety where she supervised a team of over 80 attorneys who represented the state's public safety agencies in state and federal courts. She and her team provided legal advice on public safety matters and policy development to the Governor of Virginia, the Secretary of Public Safety, all public safety agencies and the state legislature. Her duties also included providing legal advice to and overseeing all litigation against the state Department of Corrections. She also served for nearly 18 years as a state prosecutor, where she prosecuted thousands of cases focusing her efforts on violent crime, serving as lead trial attorney on over 40 murder cases. During that time she also taught as an Adjunct Professor at the College of William and Mary law school. She also served on the Working Group that developed the "21st Century Principles of Prosecution, Peace Officer Use of Force Project" for the Association of Prosecuting Attorneys Ms. Bryant is currently the Assistant Superintendent and Compliance Attorney at the Hampton Roads Regional Jail, a jail with an average daily population of approximately 1100 inmates. The jail houses special needs inmates to include those with serious medical and mental health concerns. Disclosure: Linda L. Bryant, J.D., Sworn Jail Officer has declared that no conflict of interest, Relevant Financial Relationship or Relevant Non-Financial Relationship exists.
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