AB 74 — Revises provisions relating to the testing of offenders for exposure to human immunodeficiency virus. (BDR 16-257)

(ReprintedAssembly withBill amendmentsNo. adopted on April 5, 2017) FIRST REPRINT A.B.

7474–Committee Aon SSEMBLYCorrections, BILLParole, NOand .Probation CHAPTER..........

74–COMMITTEE ON CORRECTIONS , AROLE ,AND P ROBATION (O NB EHALF OF THE D EPARTMENT OF CORRECTIONS ) PREFILED N OVEMBER 17, 2016 ____________ Referred to Committee on Corrections, Parole, and Probation SUMMARY—Revises provisions relating to the testing of offenders for exposure to human immunodeficiency virus.

(BDR 16-257) FISCAL NOTE:

Effect on Local Government:

No.

Effect on the State:

No.

~ EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

Existing law requires offenders committed to the Department of Corrections for imprisonment to submit to certain initial and supplemental tests to detect exposure to the human immunodeficiency virus.

If the results of a supplemental test areareosure positive for exposure to the human immunodeficiency virus, the name of the offender is required to be disclosed to certain persons within the Department.

-EXPLANATION *AB74_R1* – 2Matter –in THEbolded PEOPLEitalics OFis THEnew; STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

matter between brackets [omitted material] is material to be omitted.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Unless otherwise ordered by a court, upon a request for access to records of an offender pursuant to subsection 1, the Division of Public and Behavioral Health of the Department of - 79th Session (2017) – 2 – Health and Human Services shall provide access to any such records, including, without limitation, relevant medical and mental health records, for the limited purpose of allowing the Director or the [designated medical director] Medical Director to evaluate, care for3.nd The Director, through the [designated medical director,] Medical Director, may provide to the Division of Public and Behavioral Health of the Department of Health and Human Services or to other community medical or mental health care providers, relevant medical and mental health records of an offender serving a term of imprisonment under the custody of the Department of Corrections, for the purposes of planning the discharge of the offender and provideassuring the continuity of evaluation, care and treatment toof the offender.offender in the community after release from incarceration.

3.

The Director, through the [designated medical director,] Medical Director, may provide to the Division of Public and Behavioral Health of the Department of Health and Human Services or to other community medical or mental health care providers, relevant medical and mental health records of an offender serving a term of imprisonment under the custody of the Department of Corrections, for the purposes of planning the discharge of the offender and assuring the continuity of evaluation, care and treatment of the offender in the community after release from incarceration.

- *AB74_R1* – 3 – [5.

1.2.

Consents to the autopsy;

or 2.

If the results of an initial test are positive, the offender shall submit to such supplemental tests as the Medical Director - 79th Session (2017) – 3 – determines appropriate.

(a) The Director;

- *AB74_R1* – 4 – (a) Shall establish for inmates and employees of the Department an educational program regarding the virus whose curriculum is provided by the Division of Public and Behavioral Health of the Department of Health and Human Services.

(b)provisions Mayof adoptthis suchsection.ations regulations as are necessary to carry out the provisions6. of this section.

6.

- 79th Session (2017) – 4 – 2.

Unless otherwise ordered by a court, upon request of the Administrator or the Administrator’s designee for access to records of a defendant pursuant to subsection 1, the Department of Corrections, through the [designated medical director,] Medical Director, shall provide access to any such records, including, without limitation, relevant medical and mental health records, for the limited purpose of allowing the Administrator or the Administrator’s designee to evaluate and treat the defendant.

H~~~~~ 17 - *AB74_R1*79th Session (2017)