Bill Text: CA AB1725 | 2009-2010 | Regular Session | Amended

California Assembly Bill 1725 (Prior Session Legislation)

Bill Title: Inmates: HIV testing.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-04-21 - Re-referred to Com. on PUB. S. [AB1725 Detail]

Download: California-2009-AB1725-Amended.html

BILL NUMBER: AB 1725	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 20, 2010
	AMENDED IN ASSEMBLY  APRIL 5, 2010
	AMENDED IN ASSEMBLY  MARCH 8, 2010

INTRODUCED BY   Assembly Member Swanson

                        FEBRUARY 3, 2010

   An act to  amend Section 3053 of   add
Section 7507 to  the Penal Code, relating to prisoners.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1725, as amended, Swanson.  Parole: conditions of
release: HIV/AIDS  Inmates: HIV  testing. 
   Existing law authorizes, subject to specified procedures and
restrictions, the medical testing of prisoners for HIV under certain
circumstances.  
   This bill would require the chief medical officer in every state
prison, and the medical director of each state hospital housing
patients sentenced pursuant to the Penal Code, for each inmate or
patient to be incarcerated in or committed to that facility for more
than one year, to offer testing for HIV at admission to the prison or
facility and at least annually while the inmate or patient is
incarcerated or committed, as specified.  
   Existing law establishes the Board of Parole Hearings and grants
it the power to allow prisoners imprisoned in state prisons to go
outside the prison on parole. Existing law imposes specified
conditions upon parole for various circumstances and allows the Board
of Parole Hearings to impose additional conditions of parole that it
deems proper.  
   Under existing law the board may impose as a condition of parole
that any prisoner granted parole undergo an examination or test for
tuberculosis if the board reasonably suspects the parolee has been
exposed to tuberculosis.  
   This bill would also require that the board impose as a condition
of parole that any prisoner granted parole undergo testing for
HIV/AIDS. This bill would require the testing to be conducted within
120 days prior to the prisoner's release on parole. 

   This bill would make other technical changes. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  This act shall be known as the Community Re-Entry
HIV/AIDS Prevention Act.
   SEC. 2.    Section 7507 is added to the  
Penal Code  , to read:  
   7507.  (a) The chief medical officer in every state prison and the
medical director of each state hospital housing patients committed
pursuant to provisions of this code shall ensure that each person who
is sentenced to be incarcerated in or committed to that facility for
more than one year be offered testing for human immunodeficiency
virus (HIV) at admission and at least annually while incarcerated or
committed. Inmates shall be advised that they are allowed to decline
HIV testing. The Public Health Unit of the Department of Corrections
and Rehabilitation shall develop an informed consent process to be
used for HIV testing. The inmate shall be provided counseling and
education about HIV. The inmate shall not be disciplined nor shall
parole be affected if he or she declines testing.
   (b) Nothing in this section shall be construed to limit the
provision for requiring HIV testing as set forth in Chapter 2
(commencing with Section 7510) of this title.
   (c) The results of the test shall be made available to the prison
chief medical officer, the medical director of the state hospital,
and the inmate within 30 days of the test. If the results are
positive, the prison or hospital shall not subject an inmate to
disciplinary proceedings or deny participation in prison or hospital
programs and activities based solely on the results.  
  SEC. 2.    Section 3053 of the Penal Code is
amended to read:
   3053.  (a) The Board of Parole Hearings upon granting any parole
to any prisoner may also impose on the parole any conditions that it
may deem proper.
   (b) The Board of Parole Hearings may impose as a condition of
parole that any prisoner granted parole undergo an examination or
test for tuberculosis when the board reasonably suspects that the
parolee has, has had, or has been exposed to, tuberculosis in an
infectious stage.
   (c) The Board of Parole Hearings shall impose as a condition of
parole that any prisoner granted parole undergo an examination or
test for human immunodeficiency virus (HIV) and acquired immune
deficiency syndrome (AIDS). The examination or test shall be
conducted within 120 days prior to the release of the prisoner on
parole.
   (d) For purposes of this section, an "examination or test for
tuberculosis" means testing and followup examinations or treatment
according to the Centers for Disease Control and American Thoracic
Society recommendations in effect at the time of the initial
examination.