Stop AIDS in Prison Act of 2011 - Directs the Bureau of Prisons to develop a comprehensive policy to provide HIV testing, treatment, and prevention for inmates in federal prisons and upon reentry into the community. Requires such policy to include provisions for: (1) testing of inmates upon intake and counseling; (2) HIV/AIDS prevention education; (3) HIV testing of prisoners annually upon request or upon exposure to HIV; (4) HIV testing of pregnant inmates; (5) comprehensive medical treatment of inmates who test positive for HIV and confidential counseling on managing their medical condition and preventing its transmission to other persons; (6) protection of confidentiality; (7) testing, counseling, and referral prior to reentry into the community; (8) allowing inmates the right to refuse routine HIV testing; (9) excluding as "routine" the testing of an inmate who may have transmitted HIV to any U.S. officer or employee or to any person lawfully present but not incarcerated in a correctional facility; and (10) timely notification of test results.
Amends the federal criminal code to: (1) require HIV testing for all federal prison inmates upon intake regardless of length of sentence or risk factors, (2) allow inmates to decline testing prior to release from incarceration, and (3) make HIV testing part of the routine health screening conducted at intake.
Requires the Bureau to report on: (1) testing, treatment, and prevention education programs for hepatitis and other diseases transmitted through sexual activity and intravenous drug use; and (2) the incidence among prison inmates of diseases transmitted through sexual activity and intravenous drug use.
[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3547 Introduced in House (IH)]
112th CONGRESS
1st Session
H. R. 3547
To provide for an effective HIV/AIDS program in Federal prisons.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
December 1, 2011
Ms. Waters (for herself, Mr. Conyers, Mr. Scott of Virginia, Ms. Lee of
California, Mrs. Christensen, Mr. Frank of Massachusetts, Mr. Grijalva,
Mr. Towns, Ms. Speier, Ms. Wilson of Florida, Mr. Clarke of Michigan,
Ms. Norton, Mr. Clay, Ms. Brown of Florida, Mr. Rangel, Mr. Davis of
Illinois, Mr. Hastings of Florida, Mr. Jackson of Illinois, Ms.
Richardson, Mr. Johnson of Georgia, Mrs. Maloney, Mr. Lewis of Georgia,
Mr. Cleaver, Ms. Woolsey, Mr. Al Green of Texas, Mr. Payne, Mr.
Ellison, Mr. Filner, Mr. Gutierrez, Mr. Honda, Ms. Schakowsky, Mr.
Blumenauer, Mr. Watt, and Mr. Serrano) 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 2011''.
SEC. 2. COMPREHENSIVE HIV/AIDS POLICY.
(a) In General.--The Bureau of Prisons (hereinafter in this Act
referred to as the ``Bureau'') shall develop a comprehensive policy to
provide HIV 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 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.
(6) To reduce the risk that inmates will transmit HIV/AIDS
to 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, the Office of National AIDS 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 not later than 1 year after the date of 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) Health care personnel shall provide routine HIV
testing to all inmates as a part of a comprehensive
medical examination immediately following admission to
a facility. (Health care personnel need not provide
routine HIV testing to an inmate who is transferred to
a facility from another facility if the inmate's
medical records are transferred with the inmate and
indicate that the inmate has been tested previously.)
(B) To all inmates admitted to a facility prior to
the effective date of this policy, health care
personnel shall provide routine HIV testing within no
more than 6 months. HIV testing for these inmates may
be performed in conjunction with other health services
provided to these inmates by health care personnel.
(C) All HIV tests under this paragraph shall comply
with the opt-out provision.
(2) Pre-test and post-test counseling.--Health care
personnel shall provide confidential pre-test and post-test
counseling to all inmates who are tested for HIV. Counseling
may be included with other general health counseling provided
to inmates by health care personnel.
(3) HIV/AIDS prevention education.--
(A) Health care personnel shall improve HIV/AIDS
awareness through frequent educational programs for all
inmates. HIV/AIDS educational programs may be provided
by community based organizations, local health
departments, and inmate peer educators.
(B) HIV/AIDS educational materials shall be made
available to all inmates at orientation, at health care
clinics, at regular educational programs, and prior to
release. Both written and audio-visual materials shall
be made available to all inmates.
(C)(i) The HIV/AIDS educational programs and
materials under this paragraph shall include
information on--
(I) modes of transmission, including
transmission through tattooing, sexual contact,
and intravenous drug use;
(II) prevention methods;
(III) treatment; and
(IV) disease progression.
(ii) The programs and materials shall be culturally
sensitive, written or designed for low literacy levels,
available in a variety of languages, and present
scientifically accurate information in a clear and
understandable manner.
(4) HIV testing upon request.--
(A) Health care personnel shall allow inmates to
obtain HIV tests upon request once per year or whenever
an inmate has a reason to believe the inmate may have
been exposed to HIV. Health care personnel shall, both
orally and in writing, inform inmates, during
orientation and periodically throughout incarceration,
of their right to obtain HIV tests.
(B) Health care personnel shall encourage inmates
to request HIV tests if the inmate is sexually active,
has been raped, uses intravenous drugs, receives a
tattoo, or if the inmate is concerned that the inmate
may have been exposed to HIV/AIDS.
(C) An inmate's request for an HIV test shall not
be considered an indication that the inmate has put
him/herself at risk of infection and/or committed a
violation of prison rules.
(5) HIV testing of pregnant woman.--
(A) Health care personnel shall provide routine HIV
testing to all inmates who become pregnant.
(B) All HIV tests under this paragraph shall comply
with the opt-out provision.
(6) Comprehensive treatment.--
(A) Health care personnel shall provide all inmates
who test positive for HIV--
(i) timely, comprehensive medical
treatment;
(ii) confidential counseling on managing
their medical condition and preventing its
transmission to other persons; and
(iii) voluntary partner notification
services.
(B) Health care provided under this paragraph shall
be consistent with current Department of Health and
Human Services guidelines and standard medical
practice. Health care personnel shall discuss treatment
options, the importance of adherence to antiretroviral
therapy, and the side effects of medications with
inmates receiving treatment.
(C) Health care personnel and pharmacy personnel
shall ensure that the facility formulary contains all
Food and Drug Administration-approved medications
necessary to provide comprehensive treatment for
inmates living with HIV/AIDS, and that the facility
maintains adequate supplies of such medications to meet
inmates' medical needs. Health care personnel and
pharmacy personnel shall also develop and implement
automatic renewal systems for these medications to
prevent interruptions in care.
(D) Correctional staff, health care personnel, and
pharmacy personnel shall develop and implement
distribution procedures to ensure timely and
confidential access to medications.
(7) Protection of confidentiality.--
(A) Health care personnel shall develop and
implement procedures to ensure the confidentiality of
inmate tests, diagnoses, and treatment. Health care
personnel and correctional staff shall receive regular
training on the implementation of these procedures.
Penalties for violations of inmate confidentiality by
health care personnel or correctional staff shall be
specified and strictly enforced.
(B) HIV testing, counseling, and treatment shall be
provided in a confidential 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.
(8) Testing, counseling, and referral prior to reentry.--
(A) Health care personnel shall provide routine HIV
testing to all inmates no more than 3 months prior to
their release and reentry into the community. (Inmates
who are already known to be infected need not be tested
again.) This requirement may be waived if an inmate's
release occurs without sufficient notice to the Bureau
to allow health care personnel to perform a routine HIV
test and notify the inmate of the results.
(B) All HIV tests under this paragraph shall comply
with the opt-out provision.
(C) To all inmates who test positive for HIV and
all inmates who already are known to have HIV/AIDS,
health care 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;
(ii) referrals to appropriate health care
providers and social service agencies in the
community that meet the inmate's individual
needs, including voluntary partner notification
services and prevention counseling services for
people living with HIV/AIDS; and
(iii) a 30-day supply of any medically
necessary medications the inmate is currently
receiving.
(9) Opt-out provision.--Inmates shall have the right to
refuse routine HIV testing. Inmates shall be informed both
orally and in writing of this right. Oral and written
disclosure of this right may be included with other general
health information and counseling provided to inmates by health
care personnel. If an inmate refuses a routine test for HIV,
health care 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. Any reference in this
section to the ``opt-out provision'' shall be deemed a
reference to the requirement of this paragraph.
(10) Exclusion of tests performed under section 4014(b)
from the definition of routine hiv testing.--HIV testing of an
inmate under section 4014(b) of title 18, United States Code,
is not routine HIV testing for the purposes of the opt-out
provision. Health care personnel shall document the reason for
testing under section 4014(b) of title 18, United States Code,
in the inmate's confidential medical records.
(11) Timely notification of test results.--Health care
personnel shall provide timely notification to inmates of the
results of HIV tests.
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) Inadmissibility of HIV Test Results in Civil and Criminal
Proceedings.--Section 4014(d) of title 18, United States Code, is
amended by inserting ``or under the Stop AIDS in Prison Act of 2011''
after ``under this section''.
(c) 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.''.
SEC. 5. REPORTING REQUIREMENTS.
(a) Report on Hepatitis and Other Diseases.--Not later than 1 year
after the date of the enactment of this Act, the Bureau shall provide a
report to the Congress on Bureau policies and procedures to provide
testing, treatment, and prevention education programs for hepatitis and
other diseases transmitted through sexual activity and intravenous drug
use. The Bureau shall consult with appropriate officials of the
Department of Health and Human Services, the Office of National Drug
Control Policy, the Office of National AIDS Policy, and the Centers for
Disease Control regarding the development of this report.
(b) Annual Reports.--
(1) Generally.--Not later than 2 years after the date of
the enactment of this Act, and then annually thereafter, the
Bureau shall report to Congress on the incidence among inmates
of diseases transmitted through sexual activity and intravenous
drug use.
(2) Matters pertaining to various diseases.--Reports under
paragraph (1) shall discuss--
(A) the incidence among inmates of HIV/AIDS,
hepatitis, and other diseases transmitted through
sexual activity and intravenous drug use; and
(B) updates on Bureau testing, treatment, and
prevention education programs for these diseases.
(3) Matters pertaining to hiv/aids only.--Reports under
paragraph (1) shall also include--
(A) the number of inmates who tested positive for
HIV upon intake;
(B) the number of inmates who tested positive prior
to reentry;
(C) the number of inmates who were not tested prior
to reentry because they were released without
sufficient notice;
(D) the number of inmates who opted-out of taking
the test;
(E) the number of inmates who were tested under
section 4014(b) of title 18, United States Code; and
(F) the number of inmates under treatment for HIV/
AIDS.
(4) Consultation.--The Bureau shall consult with
appropriate officials of the Department of Health and Human
Services, the Office of National Drug Control Policy, the
Office of National AIDS Policy, and the Centers for Disease
Control regarding the development of reports under paragraph
(1).
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
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