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A05105 Summary:

BILL NOA05105
 
SAME ASNo Same As
 
SPONSORDiPietro
 
COSPNSRLawrence, Salka, DeStefano
 
MLTSPNSR
 
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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A05105 Memo:

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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A05105 Text:



 
                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.
                                                                   LBD07608-01-9

        A. 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.
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