PRIA, Government Policy, Made Personal

Summary

The Attorney General must have anyone convicted of a federal crime and sentenced to 6 months or more tested for HIV after their prison term begins if the Bureau of Prisons’ infection rules say the person is at risk. If the Attorney General has a good reason to think someone sentenced or held before trial may have passed HIV to a U.S. officer, employee, or a lawful non-inmate at a prison, that person must be tested quickly and told the result, and any potentially exposed person must be notified confidentially and told if preventive treatment should be considered. If a test is positive, counseling, medical care, and support must be offered to the person tested and to affected staff or others. Test results cannot be used as evidence in any federal or state civil or criminal case. The Attorney General must write rules to carry out these steps within 1 year after the law is enacted, including who gets results and privacy protections.

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

Citations & Metadata