DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part of the
legislative instrument. The keyword, one-liner, abstract, and digest do not constitute part of the law
or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 191 Engrossed 2015 Regular Session Cox
Abstract: Provides relative to infectious disease testing of inmates being released from state-
operated prison facilities and state privately operated prison facilities.
Present law authorizes certain inmates to earn diminution of sentence (good time) for participation
in certain programs and for good behavior, and provides that inmates who are released because of
diminution of sentence for good behavior are released as if released on parole.
Present law provides that before placing a person on parole, the committee on parole shall require
the person to submit to a test to determine whether he is infected with a sexually transmitted disease,
acquired immune deficiency syndrome (AIDS), the human immunodeficiency virus (HIV), HIV-1
antibodies, or any other probable causative agent of AIDS and viral hepatitis.
Present law provides that this required infectious disease testing does not apply to inmates being
released because of diminution of sentence.
Proposed law repeals the provision of present law relative to inmates being released because of
diminution of sentence.
Proposed law further provides for the following:
(1)All inmates being released, including those being released because of diminution of sentence,
from state-operated prison facilities and state privately operated prison facilities shall be
offered "opt out" testing for human immunodeficiency virus (HIV), prior to release, unless
the inmate is known to be HIV positive or had a documented HIV test within the previous
12 months prior to release.
(2)If the inmate tests positive for HIV, he shall be referred by the Dept. of Public Safety and
Corrections to the appropriate health care and support services.
(3)HIV testing, consent, and appropriate referral processes shall be conducted in accordance
with present law "opt out" testing. (R.S. 40:1300.13)
(Adds R.S. 15:574.4.2(H); Repeals R.S. 15:574.4.2(G)(5))
Summary of Amendments Adopted by House The Committee Amendments Proposed by House Committee on Administration of Criminal
Justice to the original bill:
1. Delete the changes to present law which stated that mandatory testing would also apply
to persons being released because of diminution of sentence (good time).
2. Add a provision that requires "opt out" testing for all inmates released from state prison
facilities pursuant to the processes for testing, consent, and referral as provided in present
law (R.S. 40:1300.13).