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.'.
END
