08 LC 21
9864S
The
Senate State Institutions and Property Committee offered the following
substitute to SB 386:
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 3 of Chapter 5 of Title 42 of the Official Code of Georgia
Annotated, relating to conditions of detention generally, so as to provide that
certain incarcerated persons shall be tested for HIV prior to discharge; to
provide for notice; to provide for counseling; to repeal conflicting laws; and
for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Article
3 of Chapter 5 of Title 42 of the Official Code of Georgia Annotated, relating
to conditions of detention generally, is amended by adding a new Code section to
read as follows:
"42-5-52.2.
(a)
Any person who has been in the custody of a penal institution for one year or
longer and who has not previously tested positive for HIV shall submit to an HIV
test between 60 and 120 days prior to the expected date of discharge from the
facility.
(b)
Each person tested as provided in subsection (a) of this Code section shall be
notified of the results of such testing in writing prior to his or her
discharge. Any person testing positive for HIV, and any person who has
previously tested positive for such condition, shall be given counseling
relating to living with such condition after release from incarceration. The
Department of Corrections is directed to provide the requirements of such
counseling.
(c)
The provisions of this Code section shall not be construed to limit the
provision for HIV testing in Code Section 42-9-42.1."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.