Assembly Bill A8384

                                BILL NUMBER:A8384A

TITLE OF BILL:  An act to amend the correction law, in relation to human
immunodeficiency virus (HIV) prevention

PURPOSE  OR GENERAL IDEA OF BILL: To require HIV testing, counseling and
education to persons prior to release from a correctional  facility  and
counseling subsequently while on temporary release, parole or supervised
release.

SUMMARY  OF SPECIFIC PROVISIONS: Sections 1 and 2 of the bill amends the
correction law by adding two new sections to require that inmates  being
released  from  state and local correctional facilities be provided with
information about the prevention of human immunodeficiency  virus  (HIV)
infection,  instructions  about  how  to  obtain  free  HIV testing upon
release, including contact information for HIV  counseling  and  testing
service providers.

JUSTIFICATION:    Prisons  are breeding grounds for infectious diseases,
namely HIV and AIDS. Such is evident in  the  AIDS  rate  in  state  and
federal  prisons,  which  is seven times higher than in the general U.S.
population. Between 1995 and 1999, the HIV infection rate in Federal and
State prisons rose from 1,500 to 25,757 according to the U.S.    Depart-
ment  of  Justice.  As  of  2001,  New  York State has the largest known
infection rate of 7,000 inmates.

              

The debilitating affect of AIDS on racial and ethnic  minority  communi-
ties has worsened, as the demography of the epidemic has changed consid-
erably over the last decade. African Americans and Hispanics, in partic-
ular,  are now disproportionately affected. Racial minority groups today
represent almost three quarters of new AIDS  cases.  Although  Hispanics
made  up  only  about  14%  of the population of the United States, they
accounted for 19% of the estimated cases diagnosed since  the  beginning
of  the epidemic, and alarmingly, in 2004 Hispanics accounted for 20% of
new diagnoses. African Americans accounted for 43%  of  all  AIDS  cases
reported  during  that  same year, even though African Americans make up
just 12% of the population.  Among African American women,  the  figures
are  even  more  alarming - 67% of American women diagnosed with AIDS in
2004 were black.

According to a recent study by researchers at U.C.  Berkeley,  the  high
rate  of  African  American  men in incarceration may also have played a
role in the rapid spread of HIV throughout the African American communi-
ty. Researchers discovered that the increase in AIDS among black  Ameri-
cans closely corresponds to the rise in incarceration rates of black men
over the past two decades. This is due, in part, to the fact that prison
systems  are  havens for high risk behaviors that make the spread of HIV
prevalent, including intravenous (IV) drug use,  tattooing,  unprotected
sex  between  men  and  male  rape  and  the use of contaminated cutting
instruments. It is also a result of  the  HIV  positive  men  and  women
entering  the  system and those who are infected during their incarcera-
tion, who do not know their status and  lack  adequate  information  and

resources to protect themselves. Under these circumstances, HIV is being
transmitted unwittingly, and resultantly, a number of positive HIV cases
in prisons are increasing.

As  hundreds  of  thousands  of  young men are released from prison each
year, many will return to those communities that are hardest hit by HIV.
Without proper education and counseling of  regarding  HIV  status,  the
impact on minority communities will undoubtedly worsen.

Requiring  notification  about  the prevention of human immunodeficiency
virus OEM infection and instructions about how to obtain free HIV  test-
ing  upon  release, including contact information for HIV counseling and
testing service providers, upon release from incarceration will  further
the  goals of HIV control, prevention, and education and help to allevi-
ate barriers to health care that typically exist upon release.

PRIOR LEGISLATIVE HISTORY: A8849 from 2007/2008.

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:  Minimal.

EFFECTIVE DATE: To take effect on the one hundred twentieth day after it
shall have become law.

                                BILL NUMBER:A8384B

TITLE OF BILL:  An act to amend the correction law, in relation to human
immunodeficiency virus (HIV) prevention

PURPOSE  OR  GENERAL  IDEA OF BILL: To require information regarding HIV
testing, counseling and education to be provided to persons upon release
from a state correctional facility.

SUMMARY OF SPECIFIC PROVISIONS:  Sections  1  of  the  bill  amends  the
correction  law  by  adding  a new section to require that inmates being
released from state correctional facilities be provided with information
about the prevention of human immunodeficiency virus (HIV) infection and
instructions about how to obtain free HIV testing upon release,  includ-
ing  contact  information for HIV counseling and testing service provid-
ers.

JUSTIFICATION: Prisons are breeding  grounds  for  infectious  diseases,
namely  HIV  and  AIDS.  Such  is  evident in the AIDS rate in state and
federal prisons, which is seven times higher than in  the  general  U.S.
population. Between 1995 and 1999, the HIV infection rate in Federal and
State  prisons  rose from 1,500 to 25,757 according to the U.S.  Depart-
ment of Justice. As of 2001,  New  York  State  has  the  largest  known
infection rate of 7,000 inmates.

The  debilitating  affect of AIDS on racial and ethnic minority communi-
              

ties has worsened, as the demography of the epidemic has changed consid-
erably over the last decade. African Americans and Hispanics, in partic-
ular, are now disproportionately affected. Racial minority groups  today
represent  almost  three  quarters of new AIDS cases. Although Hispanics
made up only about 14% of the population  of  the  United  States,  they
accounted  for  19% of the estimated cases diagnosed since the beginning
of the epidemic, and alarmingly, in 2004 Hispanics accounted for 20%  of
new  diagnoses.  African  Americans  accounted for 43% of all AIDS cases
reported during that same year, even though African  Americans  make  up
just  12%  of the population.  Among African American women, the figures
are even more alarming - 67% of American women diagnosed  with  AIDS  in
2004 were black.

According  to  a  recent study by researchers at U.C. Berkeley, the high
rate of African American men in incarceration may  also  have  played  a
role in the rapid spread of HIV throughout the African American communi-
ty.  Researchers discovered that the increase in AIDS among black Ameri-
cans closely corresponds to the rise in incarceration rates of black men
over the past two decades. This is due, in part, to the fact that prison
systems are havens for high risk behaviors that make the spread  of  HIV
prevalent,  including  intravenous (IV) drug use, tattooing, unprotected
sex between men and male  rape  and  the  use  of  contaminated  cutting
instruments.  It  is  also  a  result  of the HIV positive men and women
entering the system and those who are infected during  their  incarcera-
tion,  who  do  not  know their status and lack adequate information and
resources to protect themselves. Under these circumstances, HIV is being

transmitted unwittingly, and resultantly, a number of positive HIV cases
in prisons are increasing.

As  hundreds  of  thousands  of  young men are released from prison each
year, many will return to those communities that are hardest hit by HIV.
Without proper education and counseling of  regarding  HIV  status,  the
impact on minority communities will undoubtedly worsen.

Requiring  notification  about  the prevention of human immunodeficiency
virus (HIV) infection and instructions about  how  to  obtain  free  HIV
testing  upon  release, including contact information for HIV counseling
and testing service providers,  upon  release  from  incarceration  will
further  the goals of HIV control, prevention, and education and help to
alleviate barriers to health care that typically exist upon release.

PRIOR LEGISLATIVE HISTORY: A8849 from 2007/2008.

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:  Minimal.

EFFECTIVE DATE: To take effect on the sixtieth day after it  shall  have
become law.