BILL REQ. #:  H-0310.1 

Prefiled 12/18/2006. Read first time 01/08/2007.   Referred to Committee on Health Care.

     AN ACT Relating to sexually transmitted infections in correctional facilities; adding a new section to chapter 72.09 RCW; creating a new section; and providing an expiration date.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1   (1) The legislature finds that there is a disproportionately high rate of HIV and AIDS among incarcerated persons. Approximately twenty-five percent of the HIV-positive population of the United States passes through correctional facilities each year. The bureau of justice statistics has determined that the rate of confirmed AIDS cases is three times higher among incarcerated offenders than in the general population.
     (2) Studies suggest that other sexually transmitted infections, such as gonorrhea, chlamydia, syphilis, genital herpes, viral hepatitis, and human papillomavirus, also exist at a higher rate among incarcerated persons than in the general population. Researchers estimate that the rate of hepatitis C infection among incarcerated persons is twenty times higher than that of the general population.
     (3) The legislature intends to study and implement a uniform system of sexually transmitted infections testing, reporting, and treatment.

NEW SECTION.  Sec. 2   A new section is added to chapter 72.09 RCW to read as follows:
     (1) The secretary of the department of corrections or the secretary's designee, in consultation with the secretary of the department of health or the secretary's designee, shall develop and implement a five-year strategic plan to reduce the prevalence and spread of sexually transmitted infections in correctional facilities operated by the department of corrections.
     (2) The strategic plan shall include the following:
     (a) A plan for improving prevention education, information, and training offered to incarcerated offenders and correctional facility staff, including information and training on sexual violence and the spread of sexually transmitted infections, and comprehensive sexuality education;
     (b) A plan for reducing the incidence of sexual violence among incarcerated offenders and correctional facility staff;
     (c) A plan for expanding access to counseling and supportive services related to sexually transmitted infections in correctional facilities;
     (d) A plan for testing incarcerated offenders for sexually transmitted infections during intake, during regular health exams, and prior to release, that:
     (i) Is conducted in accordance with guidelines established by the centers for disease control;
     (ii) Includes pretest counseling;
     (iii) Requires that incarcerated offenders are notified of their option to decline testing at any time;
     (iv) Requires that incarcerated offenders are confidentially notified of their test results in a timely manner; and
     (v) Ensures that incarcerated offenders testing positive for sexually transmitted infections receive posttest counseling, care, treatment, and supportive services;
     (e) A plan for ensuring that correctional facilities have the necessary medicine and equipment to treat and monitor sexually transmitted infections, and for ensuring that incarcerated offenders living with or testing positive for sexually transmitted infections receive and have access to care and treatment services;
     (f) A plan for developing and implementing culturally appropriate, sensitive, and specific strategies to reduce the spread of sexually transmitted infections among demographic groups heavily impacted by sexually transmitted infections;
     (g) A plan for establishing and strengthening linkages to local communities and health facilities that provide counseling, testing, care, and treatment services, and that may receive offenders recently released from incarceration who are living with sexually transmitted infections;
     (h) Any other plans developed by the department of corrections for reducing the spread of sexually transmitted infections or improving the quality of health care in correctional facilities;
     (i) A monitoring system that establishes performance goals related to reducing the prevalence and spread of sexually transmitted infections in correctional facilities and which, where feasible, expresses such goals in quantifiable form;
     (j) Performance indicators that measure or assess the achievement of the performance goals described in (i) of this subsection;
     (k) A plan for establishing a uniform collection system to assist in developing and targeting counseling and treatment programs for incarcerated offenders; and
     (l) A detailed estimate of the funding necessary to implement the plan for all five years, including the amount of funds required by community organizations to implement the parts of the strategy that they are involved in.
     (3) The department of corrections and the department of health may consult with individuals from the public and private sector in carrying out the duties under this section.
     (4) The secretary of the department of corrections shall report the department's five-year strategic plan and recommendations to the governor and the appropriate committees of the legislature, annually on November 1st, regarding the implementation and effectiveness of the strategy described in this section. The annual report shall include an evaluation of the implementation of the strategic plan using the monitoring system and performance indicators provided for in subsection (2)(i) and (j) of this section.
     (5) This section expires December 1, 2011.