HIV Prison Testing Act Exposed

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The HIV Prison Testing Act is listed under ALEC's Health and Human Services Task Force and was included in the 1995 ALEC Sourcebook of American State Legislation. ALEC has attempted to distance itself from this piece of legislation after the launch of in 2011, but it has done nothing to get it repealed in the states where it previously pushed for it to be made into law.

ALEC Bill Text


This bill authorizes the Department of Corrections to individuals (sic) test committed persons for infection of the human immunodeficiency virus. All testing will occur upon taking custody of a committed person. Individuals incarcerated prior to the enactment of this Act will be tested at their next medical visit.

Model Legislation

{Title, enacting clause, etc.}

Section 1.

This act may be cited as the HIV Prison Testing Act.

Section 2.

(A) Upon taking custody of a committed person (including each adult male, adult female, and juvenile) the Department of Corrections shall provide for the testing of such committed persons for infection with human immunodeficiency virus (HIV) and any other identified causative agent of acquired immune deficiency syndrome (AIDS). Such testing shall also be provided for committed persons incarcerated before the effective date of this Act at their next regular medical examination provided by the Department.

(B) Any person committed to any institution or facility of the Department of Corrections (including institutions for each adult male, adult female, and juvenile) shall, not more than 30 nor fewer than 15 days prior to release, discharge, or non-emergency furlough from the institution or facility, be given an HIV test by the Department. The Department shall notify the person’s spouse, if any, if such test indicates the presence of HIV infection, and shall counsel the HIV-infected prior to his release. This Subsection does not apply if the individual is being transferred between facilities.

(C) Within five days of receiving notification of a diagnosis of HIV infection in a committed person, the warden of the institution or facility where that person is committed shall report to the Department of Public Health the name and whereabouts of the infected person and shall cooperate with the Department of Public Health in making with the provisions of the HIV Partner Notification Act.

(D) Each month, the Department of Corrections shall report such statistical information on the testing program as the Department of Public Health shall require. That information shall include, at a minimum, the age, gender, race, and county of residence of each committed person found to be HIV – infected, whether the person has a history of intravenous drug use, and the crime or crimes for which the person is incarcerated. This information shall be incorporated into the Department of Public Health’s regular reports on HIV infection.

(E) The Department shall not house a committed person who is HIV – infected in a cell with a person who is not so infected or whose infection status is undetermined, and the Department shall, to the extent possible, separate all committed persons who are HIV – infected from all other committed persons.

(F) For the purpose of this Act the following definitions apply:

(1) “HIV” means the human immunodeficiency virus or any other identified causative agents of acquired immunodeficiency syndrome (AIDS).
(2) “HIV test” means as enzyme-linked immunosorbent assay (ELISA) to determine the presence of antibodies to the human immunodeficiency virus (HIV), or such other test as may be approved by the Department of Public Health; in the event of a positive result, the Western Blot Assay, or a more reliable confirmatory test, shall also be administered prior to notification of the test result.

Section 3.

Notwithstanding any other Act of regulation, the result of the blood test to detect evidence of infection by the HIV shall be disclosed to the warden of the institution or facility where the individual is committed and may be disclosed by the warden to such other employees of the Department of Corrections as have a need to know in order to perform their necessary duties in the assignment of committed persons within institutions or facilities.

Section 4. {Severability Clause.}

Section 5. {Repealer Clause.}

Section 6. {Effective Date.}

1995 Sourcebook of American State Legislation