§4014 — Title 18 Crimes and Criminal Procedure | U.S. Code

Summary

The Attorney General must make sure certain people in federal custody get tested for HIV. Anyone jailed for 6 months or more can be tested after they start their sentence if the Bureau of Prisons says they are at risk. If there is a good reason to think a jailed person might have passed HIV to a U.S. officer, employee, or a non‑inmate who is lawfully in a prison, that person must be tested quickly. The person tested must be told the results. People who might have been exposed must be told privately and told if they should consider preventive or other treatment, following prison health rules. If a test shows HIV, the Attorney General must make counseling, health care, and support available to the person tested and any affected officers, employees, or others. Test results cannot be used against the person in any federal or state civil or criminal case. Within 1 year after this was passed, the Attorney General must write rules that limit who gets the results and protect the privacy of people who ask for or take the test.

Title 18, §4014

Crimes and Criminal Procedure — Source: USLM XML via OLRC

(a)The Attorney General shall cause each individual convicted of a Federal offense who is sentenced to incarceration for a period of 6 months or more to be tested for the presence of the human immunodeficiency virus, as appropriate, after the commencement of that incarceration, if such individual is determined to be at risk for infection with such virus in accordance with the guidelines issued by the Bureau of Prisons relating to infectious disease management.

(b)If the Attorney General has a well-founded reason to believe that a person sentenced to a term of imprisonment for a Federal offense, or ordered detained before trial under section 3142(e), may have intentionally or unintentionally transmitted the human immunodeficiency virus to any officer or employee of the United States, or to any person lawfully present in a correctional facility who is not incarcerated there, the Attorney General shall—

(1)cause the person who may have transmitted the virus to be tested promptly for the presence of such virus and communicate the test results to the person tested; and

(2)consistent with the guidelines issued by the Bureau of Prisons relating to infectious disease management, inform any person (in, as appropriate, confidential consultation with the person’s physician) who may have been exposed to such virus, of the potential risk involved and, if warranted by the circumstances, that prophylactic or other treatment should be considered.

(c)If the results of a test under subsection (a) or (b) indicate the presence of the human immunodeficiency virus, the Attorney General shall provide appropriate access for counselling, health care, and support services to the affected officer, employee, or other person, and to the person tested.

(d)The results of a test under this section are inadmissible against the person tested in any Federal or State civil or criminal case or proceeding.

(e)Not later than 1 year after the date of the enactment of this section, the Attorney General shall issue rules to implement this section. Such rules shall require that the results of any test are communicated only to the person tested, and, if the results of the test indicate the presence of the virus, to correctional facility personnel consistent with guidelines issued by the Bureau of Prisons. Such rules shall also provide for procedures designed to protect the privacy of a person requesting that the test be performed and the privacy of the person tested.

Editorial Notes

References in Text

The date of the enactment of this section, referred to in subsec. (e), is the date of enactment of Pub. L. 105–370, which was approved Nov. 12, 1998.

§4014 Testing for human immunodeficiency virus

Summary

Title 18, §4014

Notes & Related Subsidiaries

Editorial Notes

References in Text

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