09 LC 35
1499S
The
House Committee on State Institutions & Property offers the following
substitute to SB 64:
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 3 of Chapter 5 of Title 42 of the Official Code of Georgia
Annotated, relating to conditions of detention generally, so as to provide that
certain incarcerated persons shall be tested for HIV prior to release; to
provide for notice and counseling; to require the Department of Corrections to
seek funding for such HIV testing program; to provide for a definition; to
provide for related matters; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Article
3 of Chapter 5 of Title 42 of the Official Code of Georgia Annotated, relating
to conditions of detention generally, is amended by adding a new Code section to
read as follows:
"42-5-52.2.
(a)
For purposes of this Code section, 'HIV' means HIV as defined by Code Section
31-22-9.1.
(b)
The department shall implement an HIV testing program whereby any state inmate
who has been in the custody of a state penal institution for one year or longer
and who has not previously tested positive for HIV shall be tested for HIV
within 30 days prior to his or her expected date of release from the custody of
the department.
(c)
Each person tested as provided in subsection (b) of this Code section shall be
notified by the department in writing of the results of such testing prior to
his or her release. Prior to the release of any person testing positive for
HIV, the appropriate information as required by Code Sections 24-9-47 and
31-22-9.2 or other law shall be provided by the department to the Department of
Human Resources. Prior to the release of any person testing positive for HIV,
the department shall also provide to such person in writing contact information
regarding medical, educational, and counseling services available through the
Department of Human Resources. Any person testing positive for HIV shall be
provided instruction relating to living with HIV, the prevention of the spread
of such virus, and the legal consequences of infecting unknowing
partners.
(d)
The department shall seek state and federal grants or other possible sources of
revenue for the purpose of funding a program of HIV testing authorized by this
Code section. In addition, the department is authorized to accept gifts,
subject to the approval of the board, for the purpose of funding such
program.
(e)
The department shall consolidate inmates who have tested positive for HIV in a
manner that most efficiently provides education, counseling, and treatment for
such persons.
(f)
The provisions of this Code section shall not be construed to limit the
provision for HIV testing in Code Section
42-9-42.1."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.