HOUSE BILL No. 4229


     February 5, 1997, Introduced by Reps. Galloway, Palamara, Profit, Lowe, McBryde, Gilmer, Geiger, Godchaux, Horton, Walberg, Baade, Olshove, Whyman, Crissman, Schauer, Jansen, Oxender, Rhead, Voorhees, Middleton, Dobb, Parks, Wojno, Tesanovich, Richner, Cropsey, DeVuyst, Birkholz, Gire, Gustafson, Wetters, Hale, Gernaat, Byl, Goschka, Law, DeHart,
Nye, Kukuk, Raczkowski, Scranton, Green, Hammerstrom, Freeman, Rocca, Llewellyn, Curtis, Murphy, Leland, Jellema, Perricone, Thomas, Prusi, Anthony and Hanley and referred to the Committee on Corrections.


        A bill to amend 1953 PA 232, entitled

   "An act to revise, consolidate, and codify the laws relating to
   probationers and probation officers, to pardons, reprieves, com-
   mutations, and paroles, to the administration of correctional
   institutions, correctional farms, and probation recovery camps,
   to prisoner labor and correctional industries, and to the super-
   vision and inspection of local jails and houses of correction; to
   provide for the siting of correctional facilities; to create a
   state department of corrections, and to prescribe its powers and
   duties; to provide for the transfer to and vesting in said
   department of powers and duties vested by law in certain other
   state boards, commissions, and officers, and to abolish certain
   boards, commissions, and offices the powers and duties of which
   are transferred by this act; to prescribe the powers and duties
   of certain other state departments and agencies; to provide for
   the creation of a local lockup advisory board; to prescribe pen-
   alties for the violation of the provisions of this act; to make
   certain appropriations; to repeal certain parts of this act on
   specific dates; and to repeal all acts and parts of acts incon-
   sistent with the provisions of this act,"

   by amending section 67 (MCL 791.267), as amended by 1988 PA 510,

   and by adding section 67b.






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               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  commission  DIRECTOR shall designate as a reception

 5    center.  Within 60 days after the arrival of a convicted prisoner

 6    at such a state correctional facility, the classification commit-

 7    tee shall make and complete a comprehensive study of the prison-

 8    er, including physical and psychiatric examinations, to ensure

 9    that the prisoner is confined in the state correctional facility

10    suited to the type of rehabilitation required in his or her

11    case.  The warden of the state correctional facility shall

12    deliver a report of the study of the classification committee to

13    the deputy director  in charge  of the  bureau of  correctional

14    facilities ADMINISTRATION, who shall, within 5 days after receipt

15    of the report, execute an order to confine the prisoner in the

16    state correctional facility determined as suitable by the deputy

17    director.

18         (2) Immediately upon arrival at a reception center desig-

19    nated pursuant to subsection (1), each incoming prisoner shall

20    undergo a test for HIV or an antibody to HIV.  This subsection

21     shall  DOES not apply if an incoming prisoner has been tested

22    for HIV or an antibody to HIV under section 5129 of the public

23    health code,  Act No. 368 of the Public Acts of 1978, being sec-

24     tion 333.5129 of the Michigan Compiled Laws  1978 PA 368, MCL

25    333.5129, within the 3 months immediately preceding the date of

26    the prisoner's arrival at the reception center, as indicated by



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 1    the record transferred to the department by the court under that

 2    section.

 3         (3) If a prisoner receives a positive test result  ,  and is

 4    subsequently subject to discipline by the department for sexual

 5    misconduct that could transmit HIV, illegal intravenous use of

 6    controlled substances, or assaultive or predatory behavior that

 7    could transmit HIV, the department shall house that prisoner in

 8    administrative segregation, an inpatient health care unit, or a

 9    unit separate from the general prisoner population, as determined

10    by the department.

11         (4) The department shall report each positive test result to

12    the department of  public  COMMUNITY health, IN COMPLIANCE WITH

13    SECTION 5114 OF THE PUBLIC HEALTH CODE, 1978 PA 368, MCL

14    333.5114.

15         (5) If an employee of the department  is exposed  SUSTAINS A

16    PERCUTANEOUS, MUCOUS MEMBRANE, OR OPEN WOUND EXPOSURE to the

17    blood or body fluid of a prisoner,  by that prisoner in a manner

18     that could transmit HIV, the prisoner shall be tested for HIV or

19     an antibody to HIV.  If the prisoner refuses to undergo the test,

20     he or she shall be considered by the department to be HIV

21     positive  THE EMPLOYEE MAY, AND THE DEPARTMENT SHALL, PROCEED

22    UNDER SECTION 67B.

23         (6) Upon the request of an employee of the department, the

24    department shall provide or arrange for a test for HIV or an

25    antibody to HIV for that employee, free of charge.

26         (7) Upon the request of an employee of the department, the

27    department shall provide to that employee the equipment necessary



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 1    to implement universal precautions to prevent transmission of HIV

 2    infection.

 3         (8) A prisoner who receives a positive HIV test result  or

 4     who is considered by the department to be HIV positive pursuant

 5     to this section  UNDER SUBSECTION (5) shall not work in a health

 6    facility operated by the department.

 7         (9) The department shall conduct a seroprevalence study of

 8    the prisoners in all state correctional facilities to determine

 9    the percentage of prisoners who are HIV infected.

10         (10) The results of a test for HIV or an antibody to HIV

11    conducted under this section shall be disclosed by the department

12     only to persons who demonstrate to the department a need to know

13     the test results, and as otherwise provided in subsection (4) 

14    PURSUANT TO SECTION 67B.

15         (11) The deputy director  in charge  of the  bureau of  cor-

16    rectional facilities ADMINISTRATION shall take steps to ensure

17    that all prisoners who receive HIV testing receive counseling

18    regarding  acquired immunodeficiency syndrome and acquired immu-

19     nodeficiency syndrome related complex,  AIDS including, at a min-

20    imum, treatment, transmission, and protective measures.

21         (12) The department, in conjunction with the department of

22     public  COMMUNITY health, shall develop and implement a compre-

23    hensive AIDS education program designed specifically for correc-

24    tional environments.  The program shall be conducted by the

25    bureau within the department responsible for health care, for

26    staff and for prisoners at each state correctional facility.





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 1         (13)  Two years after the effective date of the amendatory

 2     act that added this subsection  BY MARCH 30, 1991, the department

 3    shall submit a report regarding the testing component, managerial

 4    aspects, and effectiveness of subsections (2) to (12) to the

 5    senate and house committees with jurisdiction over matters per-

 6    taining to corrections, and to the senate and house committees

 7    with jurisdiction over matters pertaining to public health.

 8         (14) As used in this section:

 9         (a) "AIDS" means acquired immunodeficiency syndrome.

10         (b) "HIV" means human immunodeficiency virus.

11         (c) "Positive test result" means a double positive

12    enzyme-linked immunosorbent assay test, combined with a positive

13    western blot assay test, or a positive test under an HIV test

14    that is considered reliable by the federal centers for disease

15    control and is approved by the department of  public  COMMUNITY

16    health.

17         SEC. 67B.  (1) IF AN EMPLOYEE OF THE DEPARTMENT SUSTAINS A

18    PERCUTANEOUS, MUCOUS MEMBRANE, OR OPEN WOUND EXPOSURE TO THE

19    BLOOD OR BODY FLUIDS OF A PRISONER, THE EMPLOYEE MAY REQUEST THAT

20    THE PRISONER BE TESTED FOR HIV INFECTION OR HBV INFECTION, OR

21    BOTH, PURSUANT TO THIS SECTION.

22         (2) AN EMPLOYEE SHALL MAKE A REQUEST DESCRIBED IN

23    SUBSECTION (1) TO THE DEPARTMENT IN WRITING ON A FORM PROVIDED BY

24    THE DEPARTMENT WITHIN 72 HOURS AFTER THE EXPOSURE OCCURS.  THE

25    REQUEST FORM SHALL BE DATED AND SHALL CONTAIN AT A MINIMUM THE

26    NAME AND ADDRESS OF THE EMPLOYEE MAKING THE REQUEST AND A

27    DESCRIPTION OF HIS OR HER EXPOSURE TO THE BLOOD OR OTHER BODY



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 1    FLUIDS OF THE PRISONER.  THE REQUEST FORM SHALL CONTAIN A SPACE

 2    FOR THE INFORMATION REQUIRED UNDER SUBSECTION (6) AND A STATEMENT

 3    THAT THE REQUESTER IS SUBJECT TO THE CONFIDENTIALITY REQUIREMENTS

 4    OF SUBSECTION (8) AND SECTION 5131 OF THE PUBLIC HEALTH CODE,

 5    1978 PA 368, MCL 333.5131.  THE REQUEST FORM SHALL NOT CONTAIN

 6    INFORMATION THAT WOULD IDENTIFY THE PRISONER.

 7         (3) UPON RECEIPT OF A REQUEST UNDER THIS SECTION, THE

 8    DEPARTMENT SHALL MAKE A DETERMINATION AS TO WHETHER OR NOT THERE

 9    IS REASONABLE CAUSE TO BELIEVE THAT THE EXPOSURE DESCRIBED IN THE

10    REQUEST OCCURRED AND IF IT WAS A PERCUTANEOUS, MUCOUS MEMBRANE,

11    OR OPEN WOUND EXPOSURE PURSUANT TO R 325.70001 TO R 325.70018 OF

12    THE MICHIGAN ADMINISTRATIVE CODE.  IF THE DEPARTMENT DETERMINES

13    THAT THERE IS REASONABLE CAUSE TO BELIEVE THAT THE EXPOSURE

14    DESCRIBED IN THE REQUEST OCCURRED AND WAS A PERCUTANEOUS, MUCOUS

15    MEMBRANE, OR OPEN WOUND EXPOSURE, THE DEPARTMENT SHALL TEST THE

16    PRISONER FOR HIV INFECTION OR HBV INFECTION, OR BOTH, AS INDI-

17    CATED IN THE REQUEST, SUBJECT TO SUBSECTION (4).

18         (4) IN ORDER TO PROTECT THE HEALTH, SAFETY, AND WELFARE OF

19    DEPARTMENT EMPLOYEES, THE DEPARTMENT MAY TEST A PRISONER UNDER

20    SUBSECTION (3) WHETHER OR NOT THE PRISONER CONSENTS TO THE TEST.

21    THE DEPARTMENT IS NOT REQUIRED TO GIVE THE PRISONER AN OPPORTU-

22    NITY FOR A HEARING OR TO OBTAIN AN ORDER FROM A COURT OF COMPE-

23    TENT JURISDICTION BEFORE ADMINISTERING THE TEST.

24         (5) THE DEPARTMENT IS NOT REQUIRED TO PROVIDE HIV COUNSELING

25    PURSUANT TO SECTION 5133(1) OF THE PUBLIC HEALTH CODE, 1978 PA

26    368, MCL 333.5133, TO AN EMPLOYEE WHO REQUESTS THAT A PRISONER BE





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 1    TESTED FOR HIV UNDER THIS SECTION, UNLESS THE DEPARTMENT TESTS

 2    THE EMPLOYEE FOR HIV.

 3         (6) THE DEPARTMENT SHALL COMPLY WITH THIS SUBSECTION IF THE

 4    DEPARTMENT RECEIVES A REQUEST UNDER THIS SECTION AND DETERMINES

 5    EITHER THAT THERE IS NOT REASONABLE CAUSE TO BELIEVE THE

 6    REQUESTER'S DESCRIPTION OF HIS OR HER EXPOSURE OR THAT THE EXPO-

 7    SURE WAS NOT A PERCUTANEOUS, MUCOUS MEMBRANE, OR OPEN WOUND EXPO-

 8    SURE AND AS A RESULT OF THE DETERMINATION THE DEPARTMENT IS NOT

 9    REQUIRED TO TEST THE PRISONER FOR HIV INFECTION OR HBV INFECTION,

10    OR BOTH.  THE DEPARTMENT SHALL STATE IN WRITING ON THE REQUEST

11    FORM THE REASON IT DETERMINED THERE WAS NOT REASONABLE CAUSE TO

12    BELIEVE THE REQUESTER'S DESCRIPTION OF HIS OR HER EXPOSURE OR FOR

13    THE DEPARTMENT'S DETERMINATION THAT THE EXPOSURE WAS NOT A PERCU-

14    TANEOUS, MUCOUS MEMBRANE, OR OPEN WOUND EXPOSURE, AS APPLICABLE.

15    THE DEPARTMENT SHALL TRANSMIT A COPY OF THE COMPLETED REQUEST

16    FORM TO THE REQUESTING INDIVIDUAL WITHIN 2 DAYS AFTER THE DATE

17    THE DEPARTMENT MAKES THE DETERMINATION DESCRIBED IN THIS

18    SUBSECTION.

19         (7) THE DEPARTMENT SHALL NOTIFY THE REQUESTING EMPLOYEE OF

20    THE HIV OR HBV TEST RESULTS, OR BOTH, WHETHER POSITIVE OR NEGA-

21    TIVE, WITHIN 2 DAYS AFTER THE TEST RESULTS ARE OBTAINED BY THE

22    DEPARTMENT.  THE NOTIFICATION SHALL BE TRANSMITTED DIRECTLY TO

23    THE REQUESTING EMPLOYEE OR, UPON REQUEST OF THE REQUESTING

24    EMPLOYEE, TO HIS OR HER PRIMARY CARE PHYSICIAN OR OTHER HEALTH

25    PROFESSIONAL DESIGNATED BY THE EMPLOYEE.  THE NOTICE REQUIRED

26    UNDER THIS SUBSECTION SHALL INCLUDE AN EXPLANATION OF THE

27    CONFIDENTIALITY REQUIREMENTS OF SUBSECTION (8).



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 1         (8) THE NOTICE REQUIRED UNDER SUBSECTION (7) SHALL NOT

 2    CONTAIN INFORMATION THAT WOULD IDENTIFY THE PRISONER WHO TESTED

 3    POSITIVE OR NEGATIVE FOR HIV OR HBV.  THE INFORMATION CONTAINED

 4    IN THE NOTICE IS CONFIDENTIAL AND IS SUBJECT TO THIS SECTION, THE

 5    RULES PROMULGATED UNDER SECTION 5111(2) OF THE PUBLIC HEALTH

 6    CODE, 1978 PA 368, MCL 333.5111, AND SECTION 5131 OF THE PUBLIC

 7    HEALTH CODE, 1978 PA 368, MCL 333.5131.  A PERSON WHO RECEIVES

 8    CONFIDENTIAL INFORMATION UNDER THIS SECTION SHALL DISCLOSE THE

 9    INFORMATION TO OTHERS ONLY TO THE EXTENT CONSISTENT WITH THE

10    AUTHORIZED PURPOSE FOR WHICH THE INFORMATION WAS OBTAINED.

11         (9) THE DEPARTMENT SHALL DEVELOP AND DISTRIBUTE THE FORMS

12    REQUIRED UNDER THIS SECTION.

13         (10) IN ADDITION TO THE PENALTIES PRESCRIBED IN THE RULES

14    PROMULGATED UNDER SECTION 5111(2) OF THE PUBLIC HEALTH CODE, 1978

15    PA 368, MCL 333.5111, AND IN SECTION 5131 OF THE PUBLIC HEALTH

16    CODE, 1978 PA 368, MCL 333.5131, A PERSON WHO DISCLOSES INFORMA-

17    TION IN VIOLATION OF SUBSECTION (8) IS GUILTY OF A MISDEMEANOR.

18         (11) THE DEPARTMENT SHALL REPORT TO THE DEPARTMENT OF COMMU-

19    NITY HEALTH EACH TEST RESULT OBTAINED UNDER THIS SECTION THAT

20    INDICATES THAT AN INDIVIDUAL IS HIV INFECTED, IN COMPLIANCE WITH

21    SECTION 5114 OF THE PUBLIC HEALTH CODE, 1978 PA 368, MCL

22    333.5114.

23         (12) AS USED IN THIS SECTION:

24         (A) "EMPLOYEE" MEANS AN INDIVIDUAL WHO IS EMPLOYED BY OR

25    UNDER CONTRACT TO THE DEPARTMENT OF CORRECTIONS.

26         (B) "HBV" MEANS HEPATITIS B VIRUS.





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 1         (C) "HBV INFECTED" OR "HBV INFECTION" MEANS THE STATUS OF AN

 2    INDIVIDUAL WHO IS TESTED AS HBSAG-POSITIVE.

 3         (D) "HIV" MEANS HUMAN IMMUNODEFICIENCY VIRUS.

 4         (E) "HIV INFECTED" MEANS THAT TERM AS DEFINED IN

 5    SECTION 5101 OF THE PUBLIC HEALTH CODE, 1978 PA 368, MCL

 6    333.5101.












































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