RÉSUMÉ DIGEST
ACT 301 (HB 191) 2015 Regular Session Cox
Existing 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.
Existing 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.
Prior law provided that this required infectious disease testing did not apply to inmates being
released because of diminution of sentence.
New law repeals the provision of prior law relative to inmates being released because of
diminution of sentence.
New 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 existing law "opt-out" testing. (R.S. 40:1300.13)
Effective August 1, 2015.
(Adds R.S. 15:574.4.2(H); Repeals R.S. 15:574.4.2(G)(5))