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:

  Section  1.  The  commission  of  correction  is  hereby authorized to
conduct, or cause to be conducted, 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.
  S 2. The survey shall test each person committed to the custody of the
department of correctional services for a period of one year, the period
to  start not later than September 1, 2011. In addition the survey shall
provide for the annual re-testing as  necessary  and  an  inspection  of
departmental  health records of all persons initially tested for so long
as they remain committed to the department, for a period of  up  to  six
years.
  S  3. The commission of correction shall report annually to the legis-
lature, the governor and the commissioners of correctional services  and
health  on  the  findings  of the survey. The reports shall include, but
shall not be limited to, the absolute  numbers  and  proportion  of  the
total  initial  test  population in which the HTLV-III virus is present;
the absolute numbers and proportion of the annual  re-tested  population
which  show  the  presence of the HTLV-III virus for the first time, and
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

health   officials  diagnose  symptoms  of  acquired  immune  deficiency
syndrome.
  S  4.  The  results  of  the survey shall be used by the commission of
correction and the commissioners of correctional services and health  to
draw  whatever conclusions may be logically valid about the incidence of
the HTLV-III virus in persons committed to state correctional facilities
and the incidence of acquired  immune  deficiency  syndrome  among  that
category  of  persons,  and to use those conclusions to further the safe
operation of the state's correctional facilities.
  S 5. The commission of correction  shall  create  guidelines  for  the
survey  which  shall insure that the results of each individual test are
not disclosed to  persons  other  than  those  being  tested  and  those
conducting the survey.
  S  6.  The sum of five hundred thousand dollars ($500,000), or so much
thereof as may be necessary, is hereby appropriated from any  moneys  in
the  state  treasury  in  the  general  fund  to the credit of the state
purposes account,  not  otherwise  appropriated,  and  made  immediately
available  to  the  commission of correction for its expenses, including
personal service, in carrying out  the  provisions  of  this  act.  Such
moneys  shall  be  payable  out  of  the state treasury on the audit and
warrant of the comptroller on vouchers  certified  or  approved  by  the
chairman of the commission of correction or by an officer or employee of
the commission of correction designated by the chairman.
  S 7.  This act shall take effect immediately.