BILL NO A06002
SAME AS No same as
SPONSOR Burling (MS)
COSPNSR Calhoun, Finch, Giglio, Stevenson
MLTSPNSR Fitzpatrick, Jordan, Kolb, McDonough, McKevitt, Montesano
Provides that the commission of correction is authorized to conduct a survey of
persons committed to the custody of the department of correctional services for
the purpose of determining the presence of the HTLV-III virus and the
subsequent contraction of acquired immune deficiency syndrome among such
persons; appropriates $500,000.
S T A T E O F N E W Y O R K
________________________________________________________________________
6002
2011-2012 Regular Sessions
I N A S S E M B L Y
March 3, 2011
___________
Introduced by M. of A. BURLING, CALHOUN, FINCH, GIGLIO, STEVENSON --
Multi-Sponsored by -- M. of A. FITZPATRICK, JORDAN, KOLB, McDONOUGH,
McKEVITT, MONTESANO -- read once and referred to the Committee on
Correction
AN ACT providing for a survey of state correctional facility inmates for
the purpose of determining the presence of acquired immune deficiency
syndrome and related health factors; and making an appropriation
therefor
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. The commission of correction is hereby authorized to
2 conduct, or cause to be conducted, a survey of persons committed to the
3 custody of the department of correctional services for the purpose of
4 determining the presence of the HTLV-III virus and the subsequent
5 contraction of acquired immune deficiency syndrome among such persons.
6 S 2. The survey shall test each person committed to the custody of the
7 department of correctional services for a period of one year, the period
8 to start not later than September 1, 2011. In addition the survey shall
9 provide for the annual re-testing as necessary and an inspection of
10 departmental health records of all persons initially tested for so long
11 as they remain committed to the department, for a period of up to six
12 years.
13 S 3. The commission of correction shall report annually to the legis-
14 lature, the governor and the commissioners of correctional services and
15 health on the findings of the survey. The reports shall include, but
16 shall not be limited to, the absolute numbers and proportion of the
17 total initial test population in which the HTLV-III virus is present;
18 the absolute numbers and proportion of the annual re-tested population
19 which show the presence of the HTLV-III virus for the first time, and
20 the numbers and proportion of the test population in which departmental
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03183-01-1
A. 6002 2
1 health officials diagnose symptoms of acquired immune deficiency
2 syndrome.
3 S 4. The results of the survey shall be used by the commission of
4 correction and the commissioners of correctional services and health to
5 draw whatever conclusions may be logically valid about the incidence of
6 the HTLV-III virus in persons committed to state correctional facilities
7 and the incidence of acquired immune deficiency syndrome among that
8 category of persons, and to use those conclusions to further the safe
9 operation of the state's correctional facilities.
10 S 5. The commission of correction shall create guidelines for the
11 survey which shall insure that the results of each individual test are
12 not disclosed to persons other than those being tested and those
13 conducting the survey.
14 S 6. The sum of five hundred thousand dollars ($500,000), or so much
15 thereof as may be necessary, is hereby appropriated from any moneys in
16 the state treasury in the general fund to the credit of the state
17 purposes account, not otherwise appropriated, and made immediately
18 available to the commission of correction for its expenses, including
19 personal service, in carrying out the provisions of this act. Such
20 moneys shall be payable out of the state treasury on the audit and
21 warrant of the comptroller on vouchers certified or approved by the
22 chairman of the commission of correction or by an officer or employee of
23 the commission of correction designated by the chairman.
24 S 7. This act shall take effect immediately.
