Senate Study Bill 1062 



                                       SENATE/HOUSE FILE       
                                       BY  (PROPOSED DEPARTMENT OF
                                            CORRECTIONS BILL)


    Passed Senate, Date               Passed House,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to required testing for infectious diseases of
  2    persons under supervision of judicial district departments of
  3    correctional services.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  5 TLSB 1219DP 83
  6 jm/rj/8

PAG LIN



  1  1    Section 1.  NEW SECTION.  905.15  REQUIRED TEST.
  1  2    1.  For purposes of this section, "infectious disease"
  1  3 means any infectious condition, which if spread by
  1  4 contamination, would place others at a serious health risk.
  1  5    2.  A person under supervision of a district department,
  1  6 who bites another person, who causes an exchange of bodily
  1  7 fluids with another person, or who causes any bodily secretion
  1  8 to be cast upon another person, shall submit to the withdrawal
  1  9 of a bodily specimen for testing to determine if the person is
  1 10 infected with a contagious infectious disease.  The bodily
  1 11 specimen to be taken shall be determined by a physician.  The
  1 12 specimen taken shall be sent to the state hygienic laboratory
  1 13 at the state university at Iowa City or some other laboratory
  1 14 approved by the department of public health.  If a person to
  1 15 be tested pursuant to this section refuses to submit to the
  1 16 withdrawal of a bodily specimen, application may be made by
  1 17 the director to the district court for an order compelling the
  1 18 person to submit to the withdrawal and, if infected, to
  1 19 available treatment.  An order authorizing the withdrawal of a
  1 20 specimen for testing may be issued only by a district judge or
  1 21 district associate judge upon application by the director.
  1 22    3.  Failure to comply with an order issued pursuant to this
  1 23 section may result in revocation of probation, parole, or work
  1 24 release.
  1 25    4.  Personnel at an institution under the control of the
  1 26 department of corrections or of a residential facility
  1 27 operated by a judicial district department of correctional
  1 28 services shall be notified if a person committed to any of
  1 29 these institutions is found to have a contagious infectious
  1 30 disease.
  1 31    5.  The district department in cooperation with the
  1 32 department of corrections shall adopt policies and procedures
  1 33 to prevent the transmittal of a contagious infectious disease
  1 34 to other persons.
  1 35                           EXPLANATION
  2  1    This bill relates to required testing for infectious
  2  2 diseases of persons under supervision of judicial district
  2  3 departments of correctional services.
  2  4    The bill provides that a person under supervision of a
  2  5 judicial district department of correctional services who
  2  6 causes an exchange of bodily fluids with another person, shall
  2  7 submit to the withdrawal of a bodily fluid for testing to
  2  8 determine if the person is infected with a contagious
  2  9 infectious disease.
  2 10    The bill provides that if the person refuses to submit to
  2 11 the withdrawal of bodily fluid, the director of the judicial
  2 12 district department of correctional services may make an
  2 13 application to the court for an order compelling the person to
  2 14 submit to a withdrawal.
  2 15    In addition, failure to comply with a court order issued
  2 16 pursuant to the bill may result in the revocation of
  2 17 probation, parole, or work release.
  2 18 LSB 1219DP 83
  2 19 jm/rj/8