After Care Act of 2007 - Amends the federal criminal code to require: (1) the Attorney General to provide for the testing of prisoners about to be released from a federal facility for the human immunodeficiency virus; and (2) courts to order defendants testing positive for the virus to accept HIV/AIDS treatment as a condition of supervised release and to notify any prospective sexual partner of HIV/AIDS status.
Requires the Attorney General and the Secretary of Health and Human Services to establish and maintain a program for HIV/AIDS treatment of prisoners for two years after release by the Bureau of Prisons.
Prohibits individuals receiving HIV/AIDS medication, including antiretrovirals, through a federal program from selling or trading such medication.
[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2554 Introduced in House (IH)]
110th CONGRESS
1st Session
H. R. 2554
To amend title 18 of the United States Code to require HIV testing of
Federal prisoners about to be released, to direct the Attorney General
of the United States and the Secretary of Health and Human Services to
provide HIV/AIDS treatment for recently released Federal prisoners, and
for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 24, 2007
Ms. Watson introduced the following bill; which was referred to the
Committee on the Judiciary, and in addition to the Committee on Energy
and Commerce, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To amend title 18 of the United States Code to require HIV testing of
Federal prisoners about to be released, to direct the Attorney General
of the United States and the Secretary of Health and Human Services to
provide HIV/AIDS treatment for recently released Federal prisoners, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``After Care Act of 2007''.
SEC. 2. REQUIREMENT OF AIDS TESTING FOR PRISONERS ABOUT TO BE RELEASED.
Section 4014(a) of title 18, United States Code, is amended by
adding at the end the following: ``The Attorney General shall cause
each individual about to be released from a sentence of imprisonment
for a Federal offense, other than those who have already tested
positive for the human immunodeficiency virus, to be tested for the
presence of that virus. If an individual is determined under the
preceding sentence to test positive for the presence of the human
immunodeficiency virus, the Attorney General shall inform the
individual, prior to the individual's release, that the individual has
tested positive for such virus and has an obligation to accept
treatment through the program under section 4 of the After Care Act of
2007.''.
SEC. 3. CONDITIONS OF SUPERVISED RELEASE.
Section 3583(d) of title 18, United States Code, is amended by
inserting after the 4th sentence the following: ``The court shall
order, as explicit conditions of supervised release, that the defendant
accept treatment through the program under section 4 of the After Care
Act of 2007 and provide notice to any prospective sexual partner that
the defendant has tested positive for the presence of the human
immunodeficiency virus before engaging in any sex act with such
partner, if the Attorney General informs the defendant before the
defendant's release from prison that the defendant has tested positive
for the presence of the human immunodeficiency virus and it will be the
obligation of the defendant to accept such treatment and provide such
notice.''.
SEC. 4. PROGRAM FOR HIV/AIDS TREATMENT OF RECENTLY RELEASED FEDERAL
PRISONERS.
(a) Establishment.--The Attorney General of the United States and
the Secretary of Health and Human Services, acting jointly, shall
establish and maintain a program to provide to each eligible individual
treatment for HIV/AIDS throughout the treatment period.
(b) Consultation.--In carrying out this section, the Attorney
General of the United States and the Secretary of Health and Human
Services shall consult with the Director of the Centers for Disease
Control and Prevention, the Administrator of the Health Resources and
Services Administration, and the Administrator of the Centers for
Medicare & Medicaid Services.
(c) Program Requirements.--The program established under subsection
(a) shall provide for the following:
(1) Each eligible individual shall be provided with
treatment for HIV/AIDS throughout the treatment period.
(2) Prior to the eligible individual's release by the
Bureau of Prisons, a culturally competent health care provider
shall be assigned to the individual--
(A) to formulate a medical discharge plan for the
individual; and
(B) to continue to provide support services to the
individual throughout the treatment period.
(3) A discharge plan under paragraph (2)(A) shall include--
(A) completion of the procedural requirements
necessary to establish eligibility for benefits under
government programs, such as Medicaid, in sufficient
time so that such eligibility has been established
prior to release;
(B) provision of government-issued identification;
and
(C) provision to the eligible individual and to the
health care provider assigned to the individual under
paragraph (2) of copies of all medical documents
relating to the individual's treatment while
incarcerated, including copies of prescriptions.
(4) Prior to the eligible individual's release by the
Bureau of Prisons--
(A) a determination shall be made as to whether the
individual will be homeless upon release; and
(B) if the individual would otherwise be homeless
upon release, arrangements shall be made for safe and
appropriate housing for the individual.
(5) Prior to the eligible individual's release by the
Bureau of Prisons, the health care provider assigned to the
individual under paragraph (2) shall schedule a medical
appointment for the individual.
(6) Prior to the eligible individual's release by the
Bureau of Prisons--
(A) the individual shall be provided with a one to
two week supply of medications for treatment for HIV/
AIDS; and
(B) to minimize the risk of such medications being
resold--
(i) if the individual is receiving pain
medication while incarcerated, the individual
shall be tested to determine whether the
individual has been taking or selling the
medication; and
(ii) the medications provided under
subparagraph (A) shall be provided in a form,
such as open boxes, that is more difficult to
sell.
(7) At the point of the eligible individual's release by
the Bureau of Prisons, the individual--
(A) shall be met and escorted to the services
necessary for treatment for HIV/AIDS; and
(B) shall be provided with any appropriate
emergency assistance, such as appropriate clothing.
(8) During the treatment period--
(A) the eligible individual shall be provided with
a contact for his or her first medical appointment and,
if necessary, arrangements shall be made for subsequent
appointments;
(B) the individual shall be provided with treatment
adherence services to help the individual understand
and adhere to the applicable medical regimen;
(C) the individual shall be provided, as determined
necessary, with access to substance abuse treatment and
to mental health services; and
(D) a skilled and culturally competent case manager
and counselor shall be assigned to work with the
individual to ensure that needed support services are
obtained, medical appointments are kept, and the
individual is supported through the difficult
transition from incarceration to the streets.
(9) Before the end of the treatment period, the health care
provider assigned to the eligible individual under paragraph
(2) shall arrange for the continuation of treatment for HIV/
AIDS after such period.
(d) Definitions.--In this section:
(1) The term ``eligible individual'' means an individual
who--
(A) is released from a sentence of imprisonment for
a Federal offense; and
(B) at the time of such release, tests positive for
the presence of the human immunodeficiency virus.
(2) The term ``treatment for HIV/AIDS'' means treatment for
human immunodeficiency virus or acquired immune deficiency
syndrome. Such treatment includes health care (including the
provision of medication), counseling, and education.
(3) The term ``treatment period'' means the period--
(A) beginning on the date of the individual's
release by the Bureau of Prisons; and
(B) ending on the date that is 2 years after such
date of release.
(e) Applicability.--This section applies only with respect to
eligible individuals released on or after the dates that is 60 days
after the date of the enactment of this Act.
(f) Funding.--For fiscal year 2008 and each subsequent fiscal year,
there shall be appropriated such sums as may be necessary to carry out
this section.
SEC. 5. UNLAWFUL SALE OF FEDERALLY FUNDED HIV/AIDS MEDICATION.
(a) Prohibition.--A person receiving HIV/AIDS medication, including
antiretrovirals, through a Federal program shall not sell, or trade for
any benefit, such medication.
(b) Enforcement.--If a person violates subsection (a), the Federal
official responsible for the program involved shall prohibit the person
from receiving any additional HIV/AIDS medication through such program,
unless the person agrees to abide by the following:
(1) The person will receive such medication only through a
pharmacy that has been designated by the Secretary of Health
and Human Services as a specialty HIV pharmacy.
(2) The person will receive counseling to help him or her
understand and adhere to the applicable medical regimen.
(c) Designation of Specialty HIV Pharmacies.--For purposes of
subsection (b)(1), the Secretary of Health and Human Services shall
designate a pharmacy as a specialty HIV pharmacy if the pharmacy agrees
to take such actions as may be determined necessary by the Secretary to
prevent persons who receive HIV/AIDS medication from violating
subsection (a).
(d) Definition.--In this section, the term ``HIV/AIDS medication''
means medication to treat the person involved for human
immunodeficiency virus, acquired immune deficiency syndrome, or related
symptoms.
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Introduced in House
Introduced in House
Referred to the Committee on the Judiciary, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on the Judiciary, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on the Judiciary, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee on Health.
Referred to the Subcommittee on Crime, Terrorism, and Homeland Security.
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