October 1, 2007

The House Passes Prison Testing Bill

A bill requiring an HIV test for prisoners entering and leaving prison passed the House of Representatives on Friday. The bill, sponsored by Democratic Representative Maxine Waters, would also allow prisoners to request annual HIV testing with pre- and post-test counseling. Inmates would be able to opt out of testing—while in prison—unless they were potentially exposed to the virus through sexual activity or intravenous drug use.

“The opt-out testing procedures for people who are incarcerated in the federal prison system will help us to ensure that the rights of prisoners are protected while at the same time helping to ensure that they can get tested and receive the counseling and HIV treatment and care that they need,” says Rebecca Haag, executive director of activist group AIDS Action Council.

Current federal law and Bureau of Prisons regulations dictate that inmates spending six months or more in prisons should be tested for HIV if they are considered at-risk, but do not require testing at intake or release.