Authorizes the medical testing for infection with the AIDS virus of certain inmates applying for certain inmate privileges such as marriage, temporary release program, and family reunions; authorizes the disclosure of such test results for such purposes; authorizes the notification of correctional personnel of inmates having symptoms of AIDS; authorizes commissioner to deny access of the inmate to such privileges if they test positive.
STATE OF NEW YORK
________________________________________________________________________
5105
2019-2020 Regular Sessions
IN ASSEMBLY
February 7, 2019
___________
Introduced by M. of A. DiPIETRO -- read once and referred to the Commit-
tee on Correction
AN ACT to amend the correction law and the education law, in relation to
providing for the medical testing of certain inmates upon application
for certain privileges and authorizing the disclosure of such test
results for such purpose and diagnosing of certain disease symptoms
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The correction law is amended by adding two new sections
2 144 and 145 to read as follows:
3 § 144. Medical testing of certain inmates upon application for certain
4 privileges. 1. Inmates applying to the commissioner to marry, to partic-
5 ipate in the family reunion program, or to participate in a temporary
6 release program, shall submit to a test for evidence of acquired immune
7 deficiency syndrome (AIDS), the AIDS related complex (ARC), and human
8 immunodeficiency virus (HIV) infection. As scientific knowledge of the
9 AIDS disease increases, usage of terminology and additional tests for
10 HIV or for levels of antigen or antibody shall be modified by the
11 commissioner in accordance with the latest publication made available by
12 the federal centers for disease control.
13 2. Upon proof that any identifiable inmate seeking approval for one or
14 more of the privileges specified in subdivision one of this section, has
15 tested positive, has a certain level of antigen or antibody or has
16 otherwise tested positive for infection with HIV or infection with the
17 probable causative agent of AIDS, the commissioner may deny such
18 requested privilege to such inmate.
19 3. Inmates granted the privilege to participate in the family reunion
20 program or a temporary release program shall submit to any of the tests
21 specified in subdivision one of this section during participation in
22 such program at intervals determined by the commissioner but in no case
23 less than six month intervals.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07608-01-9
A. 5105 2
1 § 145. Notification of disease symptoms. Upon the diagnosis by a
2 facility health director or any other medical service provider author-
3 ized by the department to examine inmates, that an inmate has symptoms
4 of acquired immune deficiency syndrome, notice of the diagnosis shall be
5 provided to all employees of the department who can reasonably be
6 expected to be involved in the supervision and care of said inmate.
7 § 2. Subdivision 1 of section 1007 of the education law, as amended by
8 chapter 656 of the laws of 1999, is amended to read as follows:
9 1. It shall be unlawful, except for purposes directly connected with
10 the administration of the vocational rehabilitation program and for
11 purposes of section one hundred forty-five of the correction law, for
12 any person or persons to solicit, disclose, receive, or make use of, or
13 authorize, knowingly permit, participate in, or acquiesce in the use of
14 any list of, or names of, or any information concerning, persons apply-
15 ing for or receiving vocational rehabilitation, directly or indirectly
16 derived from the [record] records, papers, files, communications of the
17 state or subdivisions or agencies thereof, or acquired in the course of
18 the performance of official duties without the consent of each such
19 applicant or recipient. Such records, papers, files and communications
20 shall be regarded as confidential information and privileged within the
21 meaning of section forty-five hundred four of the civil practice law and
22 rules.
23 § 3. This act shall take effect on the first of November next
24 succeeding the date on which it shall have become a law.
