HOUSE BILL No. 6100 May 21, 2002, Introduced by Reps. Lemmons, McConico and Hardman and referred to the Committee on Criminal Justice. A bill to amend 1953 PA 232, entitled "Corrections code of 1953," by amending section 67 (MCL 791.267), as amended by 1996 PA 565. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 67. (1) Quarters for temporary confinement apart from 2 those of regular inmates shall be provided for convicted prison- 3 ers upon commitment at each of the state correctional facilities, 4 which the director shall designate as a reception center. Within 5 60 days after the arrival of a convicted prisoner at such a state 6 correctional facility, the classification committee shall make 7 and complete a comprehensive study of the prisoner, including 8 physical and psychiatric examinations, to ensure that the pris- 9 oner is confined in the state correctional facility suited to the 10 type of rehabilitation required in his or her case. The warden 11 of the state correctional facility shall deliver a report of the 06916'02 DRM 2 1 study of the classification committee to the deputy director of 2 the correctional facilities administration, who shall, within 3 5 days after receipt of the report, execute an order to confine 4 the prisoner in the state correctional facility determined as 5 suitable by the deputy director. 6 (2) Immediately upon arrival at a reception center desig- 7 nated pursuant to subsection (1), each incoming prisoner shall 8 undergoaAN INITIAL test for HIV or an antibody to HIV.This9subsection does not apply ifHOWEVER, AN INITIAL TEST IS NOT 10 REQUIRED FOR an incoming prisoner WHO has been tested for HIV or 11 an antibody to HIV under section 5129 of the public health code, 12Act No. 368 of the Public Acts of 1978, being section 333.512913of the Michigan Compiled Laws1978 PA 368, MCL 333.5129, within 14 the 3 months immediately preceding the date of the prisoner's 15 arrival at the reception center, as indicated by the record 16 transferred to the department by the court under that section. 17 EACH PRISONER SHALL BE RETESTED FOR HIV OR AN ANTIBODY TO HIV 18 IMMEDIATELY AFTER COMPLETING 6 MONTHS OF HIS OR HER SENTENCE. 19 (3) If a prisoner receives a positive test result and is 20 subsequently subject to discipline by the department for sexual 21 misconduct that could transmit HIV, illegal intravenous use of 22 controlled substances, or assaultive or predatory behavior that 23 could transmit HIV, the department shall house that prisoner in 24 administrative segregation, an inpatient health care unit, or a 25 unit separate from the general prisoner population, as determined 26 by the department. 06916'02 3 1 (4) The department shall report each positive test result to 2 the department of community health, in compliance with section 3 5114 ofAct No. 368 of the Public Acts of 1978, being section4333.5114 of the Michigan Compiled LawsTHE PUBLIC HEALTH CODE, 5 1978 PA 368, MCL 333.5114. 6 (5) If an employee of the department sustains a percutane- 7 ous, mucous membrane, or open wound exposure to the blood or body 8 fluid of a prisoner, the employee may, and the department shall, 9 proceed under section 67b. 10 (6) Upon the request of an employee of the department, the 11 department shall provide or arrange for a test for HIV or an 12 antibody to HIV for that employee, free of charge. 13 (7) Upon the request of an employee of the department, the 14 department shall provide to that employee the equipment necessary 15 to implement universal precautions to prevent transmission of HIV 16 infection. 17 (8) A prisoner who receives a positive HIV test result under 18 subsection (5) shall not work in a health facility operated by 19 the department. 20 (9) The department shall conduct a seroprevalence study of 21 the prisoners in all state correctional facilities to determine 22 the percentage of prisoners who are HIV infected. 23 (10) The results of a test for HIV or an antibody to HIV 24 conducted under this section shall be disclosed by the department 25 pursuant to section 67b. 26 (11) The deputy director of the correctional facilities 27 administration shall take steps to ensure that all prisoners who 06916'02 4 1 receive HIV testing receive counseling regarding AIDS including, 2 at a minimum, treatment, transmission, and protective measures. 3 (12) The department, in conjunction with the department of 4 community health, shall develop and implement a comprehensive 5 AIDS education program designed specifically for correctional 6 environments. The program shall be conducted by the bureau 7 within the department responsible for health care, for staff and 8 for prisoners at each state correctional facility. 9(13) By March 30, 1991, the department shall submit a10report regarding the testing component, managerial aspects, and11effectiveness of subsections (2) to (12) to the senate and house12committees with jurisdiction over matters pertaining to correc-13tions, and to the senate and house committees with jurisdiction14over matters pertaining to public health.15 (13)(14)As used in this section: 16 (a) "AIDS" means acquired immunodeficiency syndrome. 17 (b) "HIV" means human immunodeficiency virus. 18 (c) "Positive test result" means a double positive 19 enzyme-linked immunosorbent assay test, combined with a positive 20 western blot assay test, or a positive test under an HIV test 21 that is considered reliable by the federal centers for disease 22 control and is approved by the department of community health. 06916'02 Final page. 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