Establishes the department of corrections shall provide an inmate, upon his or her discharge, with educational information about the prevention of HIV

Section 2 amends the correction law to require local correctional facilities to inform inmates who are within their custody for more than a month about the prevention of HIV and the inmate's ability to get free HIV testing and counseling upon release.

Justification

Correctional facilities have disproportionately high rates of infectious disease, including HIV and AIDS. The AIDS rate in state and federal prisons is seven times higher than in the general U.S. population. Between 1995 and 1999, the HIV infection rate in Federal and State prisons rose from 1,500 to 25,757 according to the U.S. Department of Justice. As of 2006, New York State had an estimated 4,000 inmates in its care with HIV. The actual number is undoubtedly higher.

The debilitating affect of AIDS on racial and ethnic minority communities has worsened, as the demography of the epidemic has changed considerably over the last decade. African Americans and Hispanics, in particular, are now disproportionately affected. Racial minority groups today represent almost three quarters of new AIDS cases. Although Hispanics made up only about 14% of the population of the United States, they accounted for 19% of the estimated cases diagnosed since the beginning of the epidemic, and alarmingly, in 2004 Hispanics accounted for 20% of new diagnoses. African Americans accounted for 43% of all AIDS cases reported during that same year, even though African Americans make up just 12% of the population. Among African American women, the figures are even more alarming - 67% of American women diagnosed with AIDS in 2004 were black.

According to a recent study by researchers at D.C. Berkeley, the high rate of African American men in incarceration may also have played a role in the rapid spread of HIV throughout the African American community. Researchers discovered that the increase in AIDS among black Americans closely corresponds to the rise in incarceration rates of black men over the past two decades. This is due, in part, to the fact that prison systems are havens for high risk behaviors that make the spread of HIV prevalent, including intravenous (IV) drug use, tattooing, unprotected sex between men and male rape and the use of contaminated cutting instruments. It is also a result of the HIV positive men and women entering the system and those who are infected during their incarceration, who do not know their status and lack adequate information and resources to protect themselves. Under these circumstances, HIV is being transmitted unwittingly, and resultantly, a number of positive HIV cases in prisons are increasing. As hundreds of thousands of young men are released from prison each year, many will return to those communities that are hardest hit by HIV. Proper education and counseling, the impact on minority communities will undoubtedly worsen. PRIOR LEGISLATIVE HISTORY : 2007-2008: Vetoed by the Governor (Veto message 91). This bill addresses the concerns addressed in the veto message.

Fiscal implications for state and local governments

To be determined.

Effective date

To take effect on sixty days after it shall have become law.