§ 42-56-37. Human Immunodeficiency Virus (HIV) testing.
(a) Every person who is committed to the adult correctional institutions to answer for any criminal offense, after conviction, is required to be tested for human immunodeficiency virus (HIV). No consent for this test is required from the person being tested, nor is this test subject to waiver. In addition, periodic testing for HIV, including testing at the time of release and when deemed appropriate by a physician, is required. No consent on the part of the person being tested is required.
(b) All inmates shall be provided appropriate pretest and post-test counseling in accordance with accepted medical standards. Inmates who develop AIDS or AIDS related complex are entitled to all reasonable medical treatment available for their illness. No inmate shall be punished, segregated, or denied recreation privileges solely on the basis of a positive test result. However, the health care services division of the department of corrections shall, not later than September 1, 1998, adopt and put into effect reasonable rules and steps to protect the confidentiality of the HIV test results, in accordance with § 23-6.3-8 and to prevent persons testing positive for HIV from infecting other inmates and/or correctional staff. If any person, including any member of the correctional staff at the state department of corrections, is assaulted or comes into contact with bodily fluid from an inmate or detainee, a department of corrections physician will incorporate accepted medical standards and determine whether the incident places the exposed person at risk for HIV or any other blood borne disease. This may involve drawing a serum sample on the source inmate or detainee in accordance with § 23-6.3-4 and performing tests to determine the presence of blood borne infections such as HIV or hepatitis virus. The physician will immediately inform the exposed person of the medical assessment of risk, which will take into account the serostatus of the source inmate or detainee, and will provide for emergency medical care, according to accepted medical standards.
(c) The department of corrections shall institute a comprehensive HIV education and drug treatment program for inmates and staff at all of its facilities. The educational program for correctional staff shall be in-service, fully reimbursable to the employee, and mandatory and shall be given periodically in collaboration with the department of health. The department of corrections shall make easily accessible personal protective equipment for correctional personnel to be used in the event of administering cardiac or respiratory resuscitation.
History of Section.P.L. 1988, ch. 405, § 7; P.L. 1990, ch. 169, § 3; P.L. 1998, ch. 443, § 1; P.L. 2000, ch. 171, § 6; P.L. 2010, ch. 239, § 21.
Structure Rhode Island General Laws
Title 42 - State Affairs and Government
Chapter 42-56 - Corrections Department
Section 42-56-1. - Declaration of policy.
Section 42-56-2. - Establishment of department — Director.
Section 42-56-3. - Transfer of functions from the department of human services.
Section 42-56-4. - Organization of department.
Section 42-56-5. - Director to be the appointing authority.
Section 42-56-5.1. - Justice reinvestment.
Section 42-56-6. - Management of institutions.
Section 42-56-7. - Parole and probation.
Section 42-56-8. - Departmental seal.
Section 42-56-9. - Authority of department broadly construed.
Section 42-56-10. - Powers of the director.
Section 42-56-11 - — 42-56-13. Repealed.
Section 42-56-14. - Buildings and grounds comprising institutions.
Section 42-56-14.1. - Statutory references to former institutions.
Section 42-56-15. - References to jailers and jail keepers.
Section 42-56-16. - Deputy warden and employees, women’s division, adult correctional institutions.
Section 42-56-17. - Identification and description of inmates.
Section 42-56-18. - Inmate furloughs.
Section 42-56-19. - Educational and vocational training unit.
Section 42-56-20. - Care and employment of short term prisoners.
Section 42-56-20.1. - Repealed.
Section 42-56-20.2. - Community confinement.
Section 42-56-20.3. - Community correctional program for women offenders.
Section 42-56-20.4. - Repealed.
Section 42-56-20.5. - Establishment of a women’s transitional housing facility.
Section 42-56-20.6. - Restitution mandatory — Prior to community confinement.
Section 42-56-21.1. - Notification upon work release.
Section 42-56-21.2. - Restitution mandatory — Prior to work release.
Section 42-56-22. - Labor by persons committed on mesne process or to answer criminal charge.
Section 42-56-23. - Body of deceased inmate.
Section 42-56-24. - Earned time for good behavior or program participation or completion.
Section 42-56-26. - Additional time allowed for meritorious service.
Section 42-56-27. - Clothing and payment of discharged prisoners.
Section 42-56-28. - Prisoners previously sentenced.
Section 42-56-29. - Receiving and orientation unit — Study of incoming prisoners.
Section 42-56-30. - Classification board.
Section 42-56-31. - Determination of classification and rehabilitation programs of prisoners.
Section 42-56-32. - Classification unit.
Section 42-56-33. - Training school for youth.
Section 42-56-34. - Designation of land and buildings for training school for youth.
Section 42-56-36. - Transfer of powers and functions from department of corrections.
Section 42-56-37. - Human Immunodeficiency Virus (HIV) testing.
Section 42-56-38. - Assessment of costs.
Section 42-56-38.1. - Prisoner telephone use.
Section 42-56-38.2. - Furnishing of health records.
Section 42-56-39. - A prison impact statement.
Section 42-56-40. - Transfer of foreign convicted offenders under treaty.