DEADLY COMMUNICABLE

House Bill 5315

Committee: Criminal Law and Corrections

Complete to 9-11-00

A SUMMARY OF HOUSE BILL 5315 AS INTRODUCED 2-8-00

The bill would amend the Department of Corrections act to require that prisoners who test positive for HIV, hepatitis B, hepatitis C, or other communicable diseases or infections that the department determines are dangerous or deadly be housed separately from the general prison population. It would be up to the department to determine whether to house these prisoners in administrative segregation, an inpatient health care unit, or a unit separate from the general population. A prisoner would continue to be segregated from the general prison population until he or she no longer tested positive for the disease or infection.

The bill's provisions would replace existing language that requires segregation of prisoners who have tested positive for HIV and are subsequently subject to discipline for sexual misconduct that could transmit HIV, illegal use of intravenous drugs, or assaultive or predatory behavior that could transmit HIV.

MCL 791.267 and 791.267c

Analyst: W. Flory

This analysis was prepared by nonpartisan House staff for use by House members in their deliberations, and does not constitute an official statement of legislative intent.