Bill summaries are authored by CRS.

Shown Here:
Passed Senate amended (10/20/1998)

Correction Officers Health and Safety Act of 1998 - Amends the Federal criminal code to direct the Attorney General to cause each individual convicted of a Federal offense who is sentenced to incarceration for a period of six months or more to be tested for the presence of the human immunodeficiency virus (HIV), as appropriate, 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.

Requires the Attorney General: (1) to cause a person sentenced to a term of imprisonment for a Federal offense, or ordered detained before trial, to be tested for HIV if such person is believed to have intentionally or unintentionally transmitted HIV to any U.S. officer or employee or to any person lawfully present in a correctional facility who is not incarcerated there; (2) to communicate the test results to the person tested; (3) consistent with the guidelines, to inform any person 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; and (4) if the results indicate the presence of HIV, to provide appropriate access for counselling, health, and support services to the affected officer, employee, or other person, and to the person tested.

Declares that test results are inadmissible against the person tested in any Federal or State civil or criminal case or proceeding.

Directs the Attorney General to: (1) issue rules to implement this Act which shall require that the test results be communicated only to the person tested, and, if the results indicate the presence of HIV, to correctional facility personnel consistent with the guidelines, and which provide procedures to protect the privacy of the person requesting the test and the person tested; and (2) provide to the States proposed guidelines for the prevention, detection, and treatment of incarcerated persons and correctional employees who have, or may be exposed to, infectious diseases in correctional institutions.