[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6038 Introduced in House (IH)]








109th CONGRESS
  2d Session
                                H. R. 6038

    To provide for an effective HIV/AIDS program in Federal prisons.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 6, 2006

  Ms. Waters introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
    To provide for an effective HIV/AIDS program in Federal prisons.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Stop AIDS in Prison Act of 2006''.

SEC. 2. COMPREHENSIVE HIV/AIDS POLICY.

    (a) In General.--The Bureau of Prisons (hereinafter in this section 
referred to as the ``Bureau'') shall develop a comprehensive policy to 
coordinate HIV/AIDS testing, treatment, and prevention for inmates 
within the correctional setting and upon reentry.
    (b) Purpose.--The purposes of this policy shall be as follows:
            (1) To stop the spread of HIV/AIDS among inmates.
            (2) To protect prison guards and other personnel from HIV/
        AIDS infection.
            (3) To provide comprehensive, timely, and compassionate 
        medical treatment to inmates who are living with HIV/AIDS.
            (4) To promote HIV/AIDS awareness and prevention among 
        inmates.
            (5) To encourage inmates to take personal responsibility 
        for their health, find out if they have been infected with HIV/
        AIDS, and reward behavior that reduces the risks of HIV/AIDS 
        transmission.
            (6) To reduce the risk that inmates will transmit HIV/AIDS 
        to their spouses or other persons in the community following 
        their release from prison.
    (c) Consultation.--The Bureau shall consult with appropriate 
officials of the Department of Health and Human Services, the Office of 
National Drug Control Policy, and the Centers for Disease Control 
regarding the development of this policy.
    (d) Time Limit.--The Bureau shall draft appropriate regulations to 
implement this policy within not more than 1 year from the enactment of 
this Act.

SEC. 3. REQUIREMENTS FOR POLICY.

    The policy created under section 2 shall do the following:
            (1) Testing and counseling upon intake.--
                    (A) Medical personnel shall provide routine HIV/
                AIDS testing to all inmates as a part of a 
                comprehensive medical examination immediately following 
                admission to a facility.
                    (B) Medical personnel shall provide immediate 
                confidential, post-test counseling to all inmates who 
                test positive for HIV/AIDS.
            (2) HIV/AIDS prevention education.--Medical personnel shall 
        educate all inmates on the risk of HIV/AIDS transmission; 
        promote HIV/AIDS awareness; and encourage behavior that reduces 
        the risk of HIV/AIDS transmission through frequent and 
        appropriate educational programs. This education shall include 
        the risks of HIV/AIDS transmission through tattooing, sexual 
        contact, and intravenous drug use.
            (3) Voluntary hiv/aids testing.--
                    (A) Medical personnel shall allow inmates to obtain 
                HIV/AIDS tests upon request once per year or whenever 
                an inmate has a reason to believe the inmate may have 
                been exposed to HIV/AIDS. Inmates shall be informed of 
                their right to obtain these tests.
                    (B) Medical personnel shall encourage inmates to 
                request HIV/AIDS tests if the inmate is sexually 
                active, uses intravenous drugs, or if the inmate is 
                concerned that the inmate may have been exposed to HIV/
                AIDS.
            (4) Protection of confidentiality.--In order to ensure 
        inmate confidentiality and encourage inmates to seek HIV/AIDS 
        tests without the knowledge or suspicion of other inmates, the 
        Bureau of Prisons shall develop procedures for inmates 
        confidentially to request HIV/AIDS counseling and tests. HIV/
        AIDS counseling and tests shall be provided in a setting where 
        other routine health services are provided and in a manner that 
        allows the inmate to request and obtain these services as 
        routine medical services.
            (5) Comprehensive treatment.--Medical personnel shall 
        provide all inmates who test positive for HIV/AIDS--
                    (A) comprehensive medical treatment; and
                    (B) confidential counseling on managing their 
                medical condition and preventing its transmission to 
                other persons.
            (6) Testing, counseling, and referral prior to reentry.--
                    (A) Medical personnel shall provide routine HIV/
                AIDS testing to all inmates prior to their release and 
                reentry into the community. (Inmates who are already 
                known to be infected need not be tested again.)
                    (B) To all inmates who test positive for HIV/AIDS 
                and all inmates who already are known to have HIV/AIDS, 
                BOP medical personnel shall provide--
                            (i) confidential prerelease counseling on 
                        managing their medical condition in the 
                        community, accessing appropriate treatment and 
                        services in the community, and preventing the 
                        transmission of their condition to family 
                        members and other persons in the community; and
                            (ii) referrals to appropriate health care 
                        providers and social service agencies in the 
                        community that meet the inmate's individual 
                        needs.
            (7) Opt-out provision.--If an inmate refuses a routine test 
        for HIV/AIDS, medical personnel shall make a note of the 
        inmate's refusal in the inmate's confidential medical records. 
        However, the inmate's refusal shall not be considered a 
        violation of prison rules or result in disciplinary action.

SEC. 4. CHANGES IN EXISTING LAW.

    (a) Screening in General.--Section 4014(a) of title 18, United 
States Code, is amended--
            (1) by striking ``for a period of 6 months or more'';
            (2) by striking ``, as appropriate,''; and
            (3) by striking ``if such individual is determined to be at 
        risk for infection with such virus in accordance with the 
        guidelines issued by the Bureau of Prisons relating to 
        infectious disease management'' and inserting ``unless the 
        individual declines. The Attorney General shall also cause such 
        individual to be so tested before release unless the individual 
        declines.''.
    (b) Screening as Part of Routine Screening.--Section 4014(e) of 
title 18, United States Code, is amended by adding at the end the 
following: ``Such rules shall also provide that the initial test under 
this section be performed as part of the routine health screening 
conducted at intake.''.
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