S T A T E O F N E W Y O R K
________________________________________________________________________
6581
2009-2010 Regular Sessions
I N A S S E M B L Y
March 6, 2009
___________
Introduced by M. of A. BURLING, ERRIGO, CALHOUN, FINCH, GIGLIO, WALKER
-- Multi-Sponsored by -- M. of A. FITZPATRICK, KOLB, McDONOUGH, McKEV-
ITT -- 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, 2009. 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
health officials diagnose symptoms of acquired immune deficiency
syndrome.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06167-01-9
A. 6581 2
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.