February 1, 2005, Introduced by Rep. Mortimer and referred to the Committee on Judiciary.
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,
and by adding section 67c.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 67. (1) Quarters for temporary confinement apart from
those of regular inmates shall be provided for convicted prisoners
upon commitment at each of the state correctional facilities, which
the director shall designate as a reception center. Within 60 days
after the arrival of a convicted prisoner at such a state
correctional facility, the classification committee shall make and
complete a comprehensive study of the prisoner, including physical
and psychiatric examinations, to ensure that the prisoner is
confined in the state correctional facility suited to the type of
rehabilitation required in his or her case. The warden of the state
correctional facility shall deliver a report of the study of the
classification committee to the deputy director of the correctional
facilities administration, who shall, within 5 days after receipt
of the report, execute an order to confine the prisoner in the
state correctional facility determined as suitable by the deputy
director.
(2) Immediately upon arrival at a reception center designated
pursuant to subsection (1), each incoming prisoner shall undergo a
test for HIV or an antibody to HIV. This subsection does not apply
if an incoming prisoner has been tested for HIV or an antibody to
HIV
under section 5129 of the public health code, Act No. 368 of
the
Public Acts of 1978, being section 333.5129 of the Michigan
Compiled
Laws 1978 PA 368, MCL 333.5129, within the 3 months
immediately preceding the date of the prisoner's arrival at the
reception center, as indicated by the record transferred to the
department by the court under that section.
(3)
If a prisoner receives a positive test result, and is
subsequently
subject to discipline by the department for sexual
misconduct
that could transmit HIV, illegal intravenous use of
controlled
substances, or assaultive or predatory behavior that
could
transmit HIV, the department shall
house that prisoner in
administrative
segregation, an inpatient health care unit, or a
unit
separate from the general prisoner population, as determined
by
the department as provided in section 67c.
(4) The department shall report each positive test result to
the department of community health, in compliance with section 5114
of
Act No. 368 of the Public Acts of 1978, being section 333.5114
of
the Michigan Compiled Laws the public health code,
1978 PA 368,
MCL 333.5114.
(5) If an employee of the department sustains a percutaneous,
mucous membrane, or open wound exposure to the blood or body fluid
of a prisoner, the employee may, and the department shall, proceed
under section 67b.
(6) Upon the request of an employee of the department, the
department shall provide or arrange for a test for HIV or an
antibody to HIV for that employee, free of charge.
(7) Upon the request of an employee of the department, the
department shall provide to that employee the equipment necessary
to implement universal precautions to prevent transmission of HIV
infection.
(8) A prisoner who receives a positive HIV test result under
subsection (5) shall not work in a health facility operated by the
department.
(9) The department shall conduct a seroprevalence study of the
prisoners in all state correctional facilities to determine the
percentage of prisoners who are HIV infected.
(10) The results of a test for HIV or an antibody to HIV
conducted under this section shall be disclosed by the department
pursuant to section 67b.
(11) The deputy director of the correctional facilities
administration shall take steps to ensure that all prisoners who
receive HIV testing receive counseling regarding AIDS including, at
a minimum, treatment, transmission, and protective measures.
(12) The department, in conjunction with the department of
community health, shall develop and implement a comprehensive AIDS
education program designed specifically for correctional
environments. The program shall be conducted by the bureau within
the department responsible for health care, for staff and for
prisoners at each state correctional facility.
(13)
By March 30, 1991, the department shall submit a report
regarding
the testing component, managerial aspects, and
effectiveness
of subsections (2) to (12) to the senate and house
committees
with jurisdiction over matters pertaining to
corrections,
and to the senate and house committees with
jurisdiction
over matters pertaining to public health.
(13) (14)
As used in this section:
(a) "AIDS" means acquired immunodeficiency syndrome.
(b) "HIV" means human immunodeficiency virus.
(c) "Positive test result" means a double positive enzyme-
linked immunosorbent assay test, combined with a positive western
blot assay test, or a positive test under an HIV test that is
considered reliable by the federal centers for disease control and
is approved by the department of community health.
Sec. 67c. (1) Any prisoner who receives a positive test result
for HIV, hepatitis B, hepatitis C, or a communicable disease or
infection that the department determines is a dangerous or deadly
communicable disease or infection shall be housed in administrative
segregation, an inpatient health care unit, or a unit separate from
the general prison population, as determined by the department.
(2) A prisoner housed as provided in subsection (1) shall not
be housed with the general prisoner population until he or she no
longer shows a positive test result for a disease or infection
described in subsection (1).
(3) As used in this section, "HIV" means that term as defined
in section 67.