Senate Bill 2122

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    Florida Senate - 1999                                  SB 2122

    By Senator Dawson-White





    30-623-99

  1                      A bill to be entitled

  2         An act relating to the testing of inmates for

  3         HIV; creating s. 944.6025, F.S.; defining the

  4         term "HIV test"; requiring the Department of

  5         Corrections to perform an HIV test on inmates

  6         following commitment to a correctional facility

  7         and at the request of a physician; requiring

  8         that such a test be performed before an inmate

  9         is released; requiring that the department

10         provide additional services prior to an

11         inmate's release; requiring that the Department

12         of Corrections notify the county health

13         department where the inmate will reside when an

14         inmate who has received a positive HIV test

15         result is released unexpectedly; providing an

16         effective date.

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18         WHEREAS, HIV and AIDS infections are one of the state's

19  most critical challenges, with Florida having the third

20  highest number of AIDS cases in the nation and the second

21  highest number of pediatric AIDS cases, and

22         WHEREAS, the prevalence of HIV and AIDS cases in the

23  state's prisons exceed the prevalence of HIV and AIDS in the

24  general population, and

25         WHEREAS, between 1989 and 1997, death due to AIDS

26  accounted for over half of inmate deaths in the state's

27  prisons, and

28         WHEREAS, recent advances in treatment for HIV and AIDS

29  can potentially reduce the number of opportunistic infections

30  and associated medical costs and delay the onset of death due

31  to the disease, and

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    Florida Senate - 1999                                  SB 2122
    30-623-99




  1         WHEREAS, referral to appropriate medical and social

  2  services upon the release of an inmate can play a crucial role

  3  in the treatment, care, and secondary prevention efforts, NOW

  4  THEREFORE,

  5

  6  Be It Enacted by the Legislature of the State of Florida:

  7

  8         Section 1.  Section 944.6025, Florida Statutes, is

  9  created to read:

10         944.6025  HIV testing of inmates.--

11         (1)  As used in this section, the term "HIV test" means

12  a test ordered to determine the presence of the antibody or

13  antigen to human immunodeficiency virus or the presence of

14  human immunodeficiency virus infection.

15         (2)(a)  Within 30 days following the commitment of an

16  inmate to a correctional facility, the Department of

17  Corrections shall perform an HIV test on the inmate and record

18  the result of the HIV test in the inmate's medical record.

19         (b)  The department shall also perform an HIV test on

20  an inmate upon the request of a physician.

21         (3)  The department shall perform an HIV test on an

22  inmate before the inmate is released by reason of parole,

23  accumulation of gain-time allowances, or expiration of

24  sentence, unless the inmate has undergone an HIV test within

25  the previous 60 days. The department shall record the results

26  of the HIV test in the inmate's medical record.

27         (4)  Prior to the release of an inmate who has received

28  a positive HIV test result, the department shall provide

29  special transitional assistance to the inmate, which includes:

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    Florida Senate - 1999                                  SB 2122
    30-623-99




  1         (a)  Education on preventing the transmission of HIV

  2  and on the importance of receiving follow-up care and

  3  treatment.

  4         (b)  A written, individualized discharge plan that

  5  links the inmate to local HIV primary care services in the

  6  area where the inmate will reside.

  7         (c)  If appropriate, a 30-day supply of all medicines

  8  the inmate is taking at the time of release.

  9         (5)  If an inmate who has received a positive HIV test

10  result is released pursuant to an emergency court order or

11  other unexpected action, the department shall immediately

12  notify the county health department in the county where the

13  inmate will reside following release in order to ensure the

14  continuance of care and other services.

15         Section 2.  This act shall take effect July 1, 1999.

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18                          SENATE SUMMARY

19    Requires that the Department of Corrections perform an
      HIV test within 30 days following an inmate's commitment
20    to a correctional facility. Requires that such a test be
      performed within 60 days before an inmate is released.
21    Requires that an inmate who has received a positive HIV
      test be provided with educational services, a discharge
22    plan, and medications prior to release. Requires the
      Department of Corrections to notify the county health
23    department where the inmate will reside when an inmate
      who has received a positive HIV test result is released
24    pursuant to an emergency order or other unexpected
      action.
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