109 HR 6038 IH: Stop AIDS in Prison Act of U.S. House of Representatives 2006-09-06 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I 109th CONGRESS 2d Session H. R. 6038 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.

1.

Short title

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

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.

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.

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..