S T A T E O F N E W Y O R K
________________________________________________________________________
4441
2017-2018 Regular Sessions
I N S E N A T E
February 15, 2017
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Introduced by Sens. MONTGOMERY, AVELLA, COMRIE, KRUEGER, PARKER, RIVERA
-- read twice and ordered printed, and when printed to be committed to
the Committee on Crime Victims, Crime and Correction
AN ACT to amend the correction law, in relation to authorizing the
commissioner of corrections and community supervision to develop
programs in correctional facilities to prevent the spread of sexually
transmitted diseases
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The correction law is amended by adding a new section 141-a
to read as follows:
§ 141-A. SEXUALLY TRANSMITTED DISEASES AND HIV; PREVENTION. 1. THE
COMMISSIONER, TOGETHER WITH THE COMMISSIONER OF HEALTH, SHALL DEVELOP
AND IMPLEMENT PROGRAMS IN EVERY CORRECTIONAL FACILITY TO PREVENT THE
SPREAD OF HEPATITIS C, SEXUALLY TRANSMITTED DISEASES AND HUMAN IMMUNODE-
FICIENCY VIRUS INFECTION, FOR DEPARTMENT EMPLOYEES AND INCARCERATED
INDIVIDUALS, INCLUDING EDUCATION, GROUP AND INDIVIDUAL COUNSELING,
OUTREACH TO THE INCARCERATED POPULATION, HARM REDUCTION, DISCHARGE PLAN-
NING, OFFERING TESTING, AND AVAILABILITY OF PROPHYLACTIC DEVICES. THE
PROGRAM MAY PROVIDE FOR TRAINING INCARCERATED PERSONS TO WORK AS PEER
EDUCATORS IN THE PROGRAM.
2. THESE PROGRAMS SHALL BE OFFERED IN SUCH MANNER AND AT SUCH TIME AS
TO ENCOURAGE ATTENDANCE BY ALL DEPARTMENT EMPLOYEES AND INCARCERATED
PERSONS. PROGRAMMING AS REQUIRED BY SUBDIVISION ONE OF THIS SECTION
SHALL INCLUDE INCORPORATION INTO OTHER CONTENT-NEUTRAL PROGRAMS TO
ENSURE THAT ATTENDANCE IS NOT STIGMATIZED OR STIGMATIZING.
3. IN DEVELOPING PROGRAMS FOR THE PREVENTION OF HEPATITIS C, SEXUALLY
TRANSMITTED DISEASES AND HUMAN IMMUNODEFICIENCY VIRUS INFECTION, THE
COMMISSIONER SHALL CONSULT WITH THE COMMISSIONER OF HEALTH TO IDENTIFY
AND SELECT CURRICULA THAT ARE LIKELY TO BE EFFECTIVE IN REDUCING TRANS-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02691-02-7
S. 4441 2
MISSION OF INFECTIOUS DISEASES WITHIN CORRECTIONAL FACILITIES AND TO
CONTACTS OF FORMERLY INCARCERATED PERSONS UPON THEIR RELEASE.
4. THE PROGRAMS REQUIRED BY SUBDIVISION ONE OF THIS SECTION SHOULD
INCLUDE PEER EDUCATION AND USE OF NON-DEPARTMENT PERSONNEL INCLUDING
COMMUNITY PROVIDERS, AND SHALL BE IN THE LANGUAGE OF THE TARGETED POPU-
LATION, SHALL TAKE INTO ACCOUNT THE LITERACY LEVEL OF THE TARGETED POPU-
LATION, AND SHALL BE CULTURALLY SENSITIVE TO THE SOCIAL AND CULTURAL
NEEDS OF THE TARGETED POPULATION.
5. IN ORDER TO DEVELOP A COHORT OF SKILLED TRAINERS, THE COMMISSIONER,
TOGETHER WITH THE COMMISSIONER OF HEALTH, SHALL DEVELOP AND IMPLEMENT A
PEER EDUCATOR TRAINING PROGRAM. COMPLETION OF A PEER EDUCATOR TRAINING
PROGRAM UNDER THIS SECTION SHALL PERMIT A PARTICIPANT TO RECEIVE A PEER
EDUCATION CERTIFICATION.
§ 2. This act shall take effect immediately.