Assembly Bill A9257

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9257
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             November 21, 2025
                                ___________
 
 Introduced by M. of A. DiPIETRO -- read once and referred to the Commit-
   tee on Correction
 
 AN ACT to amend the correction law and the education law, in relation to
   providing  for the medical testing of certain incarcerated individuals
   upon application for certain privileges and authorizing the    disclo-
   sure  of  such test results for such purpose and diagnosing of certain
   disease symptoms
 
   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 two new sections
 144 and 145 to read as follows:
   § 144. MEDICAL TESTING OF CERTAIN INCARCERATED INDIVIDUALS UPON APPLI-
 CATION FOR CERTAIN PRIVILEGES. 1. INCARCERATED INDIVIDUALS  APPLYING  TO
 THE COMMISSIONER TO MARRY, TO PARTICIPATE IN THE FAMILY REUNION PROGRAM,
 OR TO PARTICIPATE IN A TEMPORARY RELEASE PROGRAM, SHALL SUBMIT TO A TEST
 FOR  EVIDENCE  OF  ACQUIRED  IMMUNE DEFICIENCY SYNDROME (AIDS), THE AIDS
 RELATED COMPLEX (ARC), AND HUMAN IMMUNODEFICIENCY VIRUS (HIV) INFECTION.
 AS SCIENTIFIC KNOWLEDGE OF THE AIDS DISEASE INCREASES, USAGE  OF  TERMI-
 NOLOGY AND ADDITIONAL TESTS FOR HIV OR FOR LEVELS OF ANTIGEN OR ANTIBODY
 SHALL  BE  MODIFIED  BY  THE  COMMISSIONER IN ACCORDANCE WITH THE LATEST
 PUBLICATION MADE AVAILABLE BY THE FEDERAL CENTERS FOR DISEASE CONTROL.
   2. UPON PROOF THAT ANY IDENTIFIABLE  INCARCERATED  INDIVIDUAL  SEEKING
 APPROVAL  FOR ONE OR MORE OF THE PRIVILEGES SPECIFIED IN SUBDIVISION ONE
 OF THIS SECTION, HAS TESTED POSITIVE, HAS A CERTAIN LEVEL OF ANTIGEN  OR
 ANTIBODY  OR  HAS  OTHERWISE  TESTED  POSITIVE FOR INFECTION WITH HIV OR
 INFECTION WITH THE PROBABLE CAUSATIVE AGENT OF  AIDS,  THE  COMMISSIONER
 MAY DENY SUCH REQUESTED PRIVILEGE TO SUCH INCARCERATED INDIVIDUAL.
   3.  INCARCERATED  INDIVIDUALS  GRANTED THE PRIVILEGE TO PARTICIPATE IN
 THE FAMILY REUNION PROGRAM OR A TEMPORARY RELEASE PROGRAM  SHALL  SUBMIT
 TO  ANY OF THE TESTS SPECIFIED IN SUBDIVISION ONE OF THIS SECTION DURING
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13452-01-5
 A. 9257                             2
              

 
 PARTICIPATION IN SUCH PROGRAM AT INTERVALS DETERMINED BY THE COMMISSION-
 ER BUT IN NO CASE LESS THAN SIX MONTH INTERVALS.
   §  145.  NOTIFICATION  OF  DISEASE  SYMPTOMS.  UPON THE DIAGNOSIS BY A
 FACILITY HEALTH DIRECTOR OR ANY OTHER MEDICAL SERVICE  PROVIDER  AUTHOR-
 IZED  BY  THE  DEPARTMENT  TO  EXAMINE INCARCERATED INDIVIDUALS, THAT AN
 INCARCERATED INDIVIDUAL  HAS  SYMPTOMS  OF  ACQUIRED  IMMUNE  DEFICIENCY
 SYNDROME,  NOTICE OF THE DIAGNOSIS SHALL BE PROVIDED TO ALL EMPLOYEES OF
 THE DEPARTMENT WHO CAN REASONABLY BE EXPECTED  TO  BE  INVOLVED  IN  THE
 SUPERVISION AND CARE OF SAID INCARCERATED INDIVIDUAL.
   § 2. Subdivision 1 of section 1007 of the education law, as amended by
 chapter 656 of the laws of 1999, is amended to read as follows:
   1.  It  shall be unlawful, except for purposes directly connected with
 the administration of the  vocational  rehabilitation  program  AND  FOR
 PURPOSES  OF  SECTION  ONE HUNDRED FORTY-FIVE OF THE CORRECTION LAW, for
 any person or persons to solicit, disclose, receive, or make use of,  or
 authorize,  knowingly permit, participate in, or acquiesce in the use of
 any list of, or names of, or any information concerning, persons  apply-
 ing  for  or receiving vocational rehabilitation, directly or indirectly
 derived from the [record] RECORDS, papers, files, communications of  the
 state  or subdivisions or agencies thereof, or acquired in the course of
 the performance of official duties without  the  consent  of  each  such
 applicant  or  recipient. Such records, papers, files and communications
 shall be regarded as confidential information and privileged within  the
 meaning of section forty-five hundred four of the civil practice law and
 rules.
   §  3.    This  act  shall  take  effect  on the first of November next
 succeeding the date on which it shall have become a law.