New York State Assembly

 
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A00916 Summary:

A00916 Actions:

A00916 Committee Votes:

Committee:CORRECTION   Chair:Weprin      
DATE:04/30/2019AYE/NAY:9/3  Action: Favorable refer to committee Ways and Means        
Weprin
Aye
Giglio
Nay
Ortiz
Aye
Finch
Nay
Colton
Aye
Palmesano
Nay
Rozic
Aye
Davila
Aye
Mosley
Aye
Blake
Absent
Walker
Aye
De La Rosa
Aye
Quart
Aye

Committee:WAYS AND MEANS   Chair:Weinstein      
DATE:05/14/2019AYE/NAY:28/4  Action: Favorable         
Weinstein
Aye
Barclay
Aye
Lentol
Aye
Crouch
Aye
Schimminger
Aye
Fitzpatrick
Aye
Gantt
Excused
Hawley
Nay
Glick
Aye
Malliotakis
Nay
Nolan
Aye
Montesano
Aye
Pretlow
Aye
Ra
Aye
Perry
Excused
Blankenbush
Aye
Colton
Aye
Palmesano
Nay
Cook
Aye
Norris
Nay
Cahill
Aye
Aubry
Aye
Thiele
Aye
Cusick
Excused
Ortiz
Aye
Benedetto
Aye
Weprin
Aye
Rodriguez
Aye
Ramos
Aye
Braunstein
Aye
McDonald
Aye
Rozic
Aye
Simotas
Aye
Dinowitz
Aye
Miller
Aye

A00916 Floor Votes:

A00916 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
 submitted in accordance with Assembly Rule III, Sec 1(f)



 
BILL NUMBER: A916
 
SPONSOR: Peoples-Stokes

 
TITLE OF BILL:
 
An act to amend the correction law, in relation to human immunodeficien-
cy virus (HIV) prevention
 
 
PURPOSE OR GENERAL IDEA OF BILL:
 
To require information regarding HIV testing, counseling and education
to be provided to persons upon release from a state correctional facili-
ty.
 
 
SUMMARY OF PROVISIONS:
 
Section 1 of the bill amends the correction law by adding a new section
to require that inmates being released from state correctional facili-
ties be provided with information about the prevention of human immune-
deficiency virus (HIV) infection and instructions about how to obtain
free HIV testing upon release, including contact information for HIV
counseling and testing service providers.
 
 
JUSTIFICATION:
 
Prisons are breeding grounds for infectious diseases, namely HIV and
AIDS. Such is evident in the AIDS rate in state and federal prisons,
which is seven times higher than in the general U.S. population.
Between 1995 and 1999, the HIV infection rate in Federal and State pris-
ons rose from 1,500 to 25,757 according to the U.S. Department of
Justice.
 
As of 2001, New York State has the largest known infection rate of 7,000
inmates. The debilitating effect of AIDS on racial and ethnic minority
communities has worsened, as the demography of the epidemic has changed
considerably over the last decade. African Americans and Hispanics, in
particular, are now disproportionately affected. Racial minority groups
today represent almost three quarters of new AIDS cases. Although
Hispanics made up only about 14% of the population of the United States,
they accounted for 19% of the estimated cases diagnosed since the begin-
ning of the epidemic, and alarmingly, in 2004 Hispanics accounted for
20% of new diagnoses.
 
African Americans accounted for 43% of all AIDS cases reported during
that same year, even though African Americans make up just 12% of the
population. Among African American women, the figures are even more
alarming - 67% of American women diagnosed with AIDS in 2004 were black.
 
According to a recent study by researchers at U.C. Berkeley, the high
rate of African American men in incarceration may also have played a
role in the rapid spread of HIV throughout the African American communi-
ty. Researchers discovered that the increase in AIDS among black Ameri-
cans closely corresponds to the rise in incarceration rates of black men
over the past two decades.
 
This is due, in part, to the fact that prison systems are havens for
high risk behaviors that make the spread of HIV prevalent, including
intravenous (IV) drug use, tattooing, unprotected sex between men and
male rape and the use of contaminated cutting instruments. It is also a
result of the HIV positive men and women entering the system and those
who are infected during their incarceration, who do not know their
status and lack adequate information and resources to protect them-
selves.
 
Under these circumstances, HIV is being transmitted unwittingly, and
resultantly, a number of positive HIV cases in prisons are increasing.
As hundreds of thousands of young men are released from prison each
year, many will return to those communities that are hardest hit by HIV.
Without proper education and counseling of regarding HIV status, the
impact on minority communities will undoubtedly worsen.
 
Requiring notification about the prevention of human immunodeficiency
virus (HIV) infection and instructions about how to obtain free HIV
testing upon release, including contact information for HIV counseling
and testing service providers, upon release from incarceration will
further the goals of HIV control, prevention, and education and help to
alleviate barriers to health care that typically exist upon release.
 
 
PRIOR LEGISLATIVE HISTORY:
 
A.8849-A of 2007/2008;
 
A.8384-B of 2009/2010;
 
A.614 of 2011/2012;
 
A.3496 of 2013/2014;
 
A.3287 of 2015/2016;
 
A.1805-A of 2017/2018.
 
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
 
Minimal.
 
 
EFFECTIVE DATE:
To take effect on the sixtieth day after it shall have become law

A00916 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                           916
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 14, 2019
                                       ___________
 
        Introduced  by  M.  of A. PEOPLES-STOKES, PERRY, GLICK, BRONSON, WEPRIN,
          GOTTFRIED -- read once and referred to the Committee on Correction
 
        AN ACT to amend the correction law, in relation to human immunodeficien-
          cy virus (HIV) prevention
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Subdivision  1  of  section  76 of the correction law, as
     2  amended by chapter 5 of the laws of 2015, is amended to read as follows:
     3    1. (a) Prior to the release of an inmate from a correctional facility,
     4  the department shall provide such inmate  with  information  on  transi-
     5  tional  services  available  in  the county or city where such inmate is
     6  scheduled to  be  released.  Such  information  shall  include  programs
     7  designed  to  promote  the successful and productive reentry and reinte-
     8  gration of an inmate into society including medical  and  mental  health
     9  services,  HIV/AIDS  services,  educational,  vocational  and employment
    10  services, alcohol or substance abuse treatment and housing services. The
    11  department shall maintain a current list of transitional services  which
    12  shall  be  updated regularly in order to effectuate the purposes of this
    13  section. Where appropriate, the department shall provide  assistance  to
    14  an  inmate  in  contacting  a  program or service provider prior to such
    15  inmate's release to the community.
    16    (b) Upon discharge of an inmate  from  a  correctional  facility,  the
    17  department  shall provide such inmate with educational information about
    18  the  prevention  of  human  immunodeficiency  virus   (HIV)   infection,
    19  instructions  about how to obtain free HIV testing upon release, includ-
    20  ing contact information for HIV counseling and testing service providers
    21  located in the county or city in which such  inmate  intends  to  reside
    22  upon release, and referrals to community-based HIV prevention, education
    23  and  counseling  resources  located  in the county or city in which such
    24  inmate intends to reside upon release.
    25    § 2. This act shall take effect on the sixtieth  day  after  it  shall
    26  have become a law.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04695-01-9

A00916 LFIN:

 
NO LFIN

A00916 Chamber Video/Transcript: