Senate Bill 2122
CODING: Words stricken are deletions; words underlined are additions.
    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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CODING: Words stricken are deletions; words underlined are additions.
    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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CODING: Words stricken are deletions; words underlined are additions.
    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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