|SAME AS||No Same As|
|COSPNSR||Lawrence, Salka, DeStefano|
|Add §§144 & 145, Cor L; amd §1007, Ed L|
|Authorizes the medical testing for infection with the AIDS virus of certain inmates applying for certain inmate privileges such as marriage, temporary release program, and family reunions; authorizes the disclosure of such test results for such purposes; authorizes the notification of correctional personnel of inmates having symptoms of AIDS; authorizes commissioner to deny access of the inmate to such privileges if they test positive.|
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NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A5105 SPONSOR: DiPietro
TITLE OF BILL: An act to amend the correction law and the education law, in relation to providing for the medical testing of certain inmates upon application for certain privileges and authorizing the disclosure of such test results for such purpose and diagnosing of certain disease symptoms   PURPOSE OR GENERAL IDEA OF BILL: The spreading of the acquired immune deficiency syndrome (AIDS) through- out our communities is occurring at an alarming rate. This bill author- izes the Commissioner of Corrections to deny inmates who are diagnosed as having this disease from coming into contact with persons outside of a correctional facility and spreading the disease. The bill requires that inmates submit to tests for evidence of the disease before being awarded the privileges of marriage, temporary release program, and fami- ly reunion program.   SUMMARY OF SPECIFIC PROVISIONS: 1. The bill requires inmates to submit to testing for evidence of AIDS and related diseases prior to marriage, family reunion visits, or participating in a temporary release program. As technology increases, commissioner can modify testing practices as CDC releases publications. 2. The bill gives the Commissioner the ability to deny access of the inmate to these privileges if they test positive. 3. The bill amends the Education Law to except information of tests of inmates for AIDS, ARC and HIV from the list of confidential information, to make this information available to the Commissioner of Corrections. 4. The bill requires continued testing for evidence of AIDS, ARC, or HIV during participation in the family reunion visits program or in a tempo- rary release program at least every six months.   JUSTIFICATION: Statistics show that the inmate population has a high incidence of AIDS. The State has a responsibility to control the spread of AIDS and protect the general population from inmates within the State's control who come in contact with people from outside the correctional facilities. Manda- tory testing for evidence of AIDS and related diseases is necessary to determine if the risk exists for them to pass this disease to persons they come in contact with through the granting of this privilege. The Commissioner then must make an informed decision whether or not to grant the inmate his request.   LEGISLATIVE HISTORY: A.5049 of 2017-18 A.3650 of 2015-16 A.6477 of 2013-14 A.6001 of 2011-12 A.6582 of 2009-10 A.4927 of 2007-08 A.6320 of 2005-06 A.3768 of 2003-04 A.4587 of 2001-02 A.4462 of 1999-00   FISCAL IMPLICATIONS: Cost of conducting the AIDS, ARC and HIV tests.   EFFECTIVE DATE: First day of November next succeeding the date on which it shall have become a law.
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STATE OF NEW YORK ________________________________________________________________________ 5105 2019-2020 Regular Sessions IN ASSEMBLY February 7, 2019 ___________ Introduced by M. of A. DiPIETRO -- read once and referred to the Commit- tee on Correction AN ACT to amend the correction law and the education law, in relation to providing for the medical testing of certain inmates upon application for certain privileges and authorizing the disclosure of such test results for such purpose and diagnosing of certain disease symptoms The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The correction law is amended by adding two new sections 2 144 and 145 to read as follows: 3 § 144. Medical testing of certain inmates upon application for certain 4 privileges. 1. Inmates applying to the commissioner to marry, to partic- 5 ipate in the family reunion program, or to participate in a temporary 6 release program, shall submit to a test for evidence of acquired immune 7 deficiency syndrome (AIDS), the AIDS related complex (ARC), and human 8 immunodeficiency virus (HIV) infection. As scientific knowledge of the 9 AIDS disease increases, usage of terminology and additional tests for 10 HIV or for levels of antigen or antibody shall be modified by the 11 commissioner in accordance with the latest publication made available by 12 the federal centers for disease control. 13 2. Upon proof that any identifiable inmate seeking approval for one or 14 more of the privileges specified in subdivision one of this section, has 15 tested positive, has a certain level of antigen or antibody or has 16 otherwise tested positive for infection with HIV or infection with the 17 probable causative agent of AIDS, the commissioner may deny such 18 requested privilege to such inmate. 19 3. Inmates granted the privilege to participate in the family reunion 20 program or a temporary release program shall submit to any of the tests 21 specified in subdivision one of this section during participation in 22 such program at intervals determined by the commissioner but in no case 23 less than six month intervals. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD07608-01-9A. 5105 2 1 § 145. Notification of disease symptoms. Upon the diagnosis by a 2 facility health director or any other medical service provider author- 3 ized by the department to examine inmates, that an inmate has symptoms 4 of acquired immune deficiency syndrome, notice of the diagnosis shall be 5 provided to all employees of the department who can reasonably be 6 expected to be involved in the supervision and care of said inmate. 7 § 2. Subdivision 1 of section 1007 of the education law, as amended by 8 chapter 656 of the laws of 1999, is amended to read as follows: 9 1. It shall be unlawful, except for purposes directly connected with 10 the administration of the vocational rehabilitation program and for 11 purposes of section one hundred forty-five of the correction law, for 12 any person or persons to solicit, disclose, receive, or make use of, or 13 authorize, knowingly permit, participate in, or acquiesce in the use of 14 any list of, or names of, or any information concerning, persons apply- 15 ing for or receiving vocational rehabilitation, directly or indirectly 16 derived from the [ record] records, papers, files, communications of the 17 state or subdivisions or agencies thereof, or acquired in the course of 18 the performance of official duties without the consent of each such 19 applicant or recipient. Such records, papers, files and communications 20 shall be regarded as confidential information and privileged within the 21 meaning of section forty-five hundred four of the civil practice law and 22 rules. 23 § 3. This act shall take effect on the first of November next 24 succeeding the date on which it shall have become a law.