§ 4014. — Testing for human immunodeficiency virus.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC4014]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART III--PRISONS AND PRISONERS
CHAPTER 301--GENERAL PROVISIONS
Sec. 4014. Testing for human immunodeficiency virus
(a) The Attorney General shall cause each individual convicted of a
Federal offense who is sentenced to incarceration for a period of 6
months or more to be tested for the presence of the human
immunodeficiency virus, as appropriate, after the commencement of that
incarceration, if such individual is determined to be at risk for
infection with such virus in accordance with the guidelines issued by
the Bureau of Prisons relating to infectious disease management.
(b) If the Attorney General has a well-founded reason to believe
that a person sentenced to a term of imprisonment for a Federal offense,
or ordered detained before trial under section 3142(e), may have
intentionally or unintentionally transmitted the human immunodeficiency
virus to any officer or employee of the United States, or to any person
lawfully present in a correctional facility who is not incarcerated
there, the Attorney General shall--
(1) cause the person who may have transmitted the virus to be
tested promptly for the presence of such virus and communicate the
test results to the person tested; and
(2) consistent with the guidelines issued by the Bureau of
Prisons relating to infectious disease management, inform any person
(in, as appropriate, confidential consultation with the person's
physician) who may have been exposed to such virus, of the potential
risk involved and, if warranted by the circumstances, that
prophylactic or other treatment should be considered.
(c) If the results of a test under subsection (a) or (b) indicate
the presence of the human immunodeficiency virus, the Attorney General
shall provide appropriate access for counselling, health care, and
support services to the affected officer, employee, or other person, and
to the person tested.
(d) The results of a test under this section are inadmissible
against the person tested in any Federal or State civil or criminal case
or proceeding.
(e) Not later than 1 year after the date of the enactment of this
section, the Attorney General shall issue rules to implement this
section. Such rules shall require that the results of any test are
communicated only to the person tested, and, if the results of the test
indicate the presence of the virus, to correctional facility personnel
consistent with guidelines issued by the Bureau of Prisons. Such rules
shall also provide for procedures designed to protect the privacy of a
person requesting that the test be performed and the privacy of the
person tested.
(Added Pub. L. 105-370, Sec. 2(a), Nov. 12, 1998, 112 Stat. 3374.)
References in Text
The date of the enactment of this section, referred to in subsec.
(e), is the date of enactment of Pub. L. 105-370, which was approved
Nov. 12, 1998.
