18 U.S.C. § 4014 — Testing for human immunodeficiency

Page 893 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 4014 craft shall be credited to the Fund: Provided further, That amounts in the Fund shall be available without fiscal year limitation, and may be used for operating equipment lease agreements that do not exceed 5 years.’’ Executive Documents EX. ORD. NO. 14006. REFORMING OUR INCARCERATION SYS- TEM TO ELIMINATE THE USE OF PRIVATELY OPERATED CRIMINAL DETENTION FACILITIES Ex. Ord. No. 14006, Jan. 26, 2021, 86 F.R. 7483, provided: By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows: SECTION 1. Policy. More than two million people are currently incarcerated in the United States, including a disproportionate number of people of color. There is broad consensus that our current system of mass incar- ceration imposes significant costs and hardships on our society and communities and does not make us safer. To decrease incarceration levels, we must reduce prof- it-based incentives to incarcerate by phasing out the Federal Government’s reliance on privately operated criminal detention facilities. We must ensure that our Nation’s incarceration and correctional systems are prioritizing rehabilitation and redemption. Incarcerated individuals should be given a fair chance to fully reintegrate into their communities, including by participating in programming tailored to earning a good living, securing affordable housing, and participating in our democracy as our fellow citizens. However, privately operated criminal detention facili- ties consistently underperform Federal facilities with respect to correctional services, programs, and re- sources. We should ensure that time in prison prepares individuals for the next chapter of their lives. The Federal Government also has a responsibility to ensure the safe and humane treatment of those in the Federal criminal justice system. However, as the De- partment of Justice’s Office of Inspector General found in 2016, privately operated criminal detention facilities do not maintain the same levels of safety and security for people in the Federal criminal justice system or for correctional staff. We have a duty to provide these in- dividuals with safe working and living conditions. SEC. 2. Contracts with Privately Operated Criminal De- tention Facilities. The Attorney General shall not renew Department of Justice contracts with privately oper- ated criminal detention facilities, as consistent with applicable law. SEC. 3. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive de- partment or agency, or the head thereof; or (ii) the functions of the Director of the Office of Man- agement and Budget relating to budgetary, administra- tive, or legislative proposals. (b) This order shall be implemented consistent with applicable law and subject to the availability of appro- priations. (c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforce- able at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. J.R. BIDEN, JR. § 4014. Testing for human immunodeficiency virus (a) The Attorney General shall cause each in- dividual convicted of a Federal offense who is sentenced to incarceration for a period of 6 months or more to be tested for the presence of the human immunodeficiency virus, as appro- priate, after the commencement of that incar- ceration, if such individual is determined to be at risk for infection with such virus in accord- ance with the guidelines issued by the Bureau of Prisons relating to infectious disease manage- ment. (b) If the Attorney General has a well-founded reason to believe that a person sentenced to a term of imprisonment for a Federal offense, or ordered detained before trial under section 3142(e), may have intentionally or unintention- ally transmitted the human immunodeficiency virus to any officer or employee of the United States, or to any person lawfully present in a correctional facility who is not incarcerated there, the Attorney General shall— (1) cause the person who may have trans- mitted the virus to be tested promptly for the presence of such virus and communicate the test results to the person tested; and (2) consistent with the guidelines issued by the Bureau of Prisons relating to infectious disease management, inform any person (in, as appropriate, confidential consultation with the person’s physician) who may have been ex- posed to such virus, of the potential risk in- volved and, if warranted by the circumstances, that prophylactic or other treatment should be considered. (c) If the results of a test under subsection (a) or (b) indicate the presence of the human im- munodeficiency virus, the Attorney General shall provide appropriate access for counselling, health care, and support services to the affected officer, employee, or other person, and to the person tested. (d) The results of a test under this section are inadmissible against the person tested in any Federal or State civil or criminal case or pro- ceeding. (e) Not later than 1 year after the date of the enactment of this section, the Attorney General shall issue rules to implement this section. Such rules shall require that the results of any test are communicated only to the person tested, and, if the results of the test indicate the pres- ence of the virus, to correctional facility per- sonnel consistent with guidelines issued by the Bureau of Prisons. Such rules shall also provide for procedures designed to protect the privacy of a person requesting that the test be performed and the privacy of the person tested. (Added Pub. L. 105–370, § 2(a), Nov. 12, 1998, 112 Stat. 3374.) Editorial Notes REFERENCES IN TEXT The date of the enactment of this section, referred to in subsec. (e), is the date of enactment of Pub. L. 105–370, which was approved Nov. 12, 1998. CHAPTER 303—BUREAU OF PRISONS Sec. 4041. Bureau of Prisons; director and employees. 4042. Duties of Bureau of Prisons. 4043. Acceptance of gifts and bequests to the Com- missary Funds, Federal Prisons. 4044. Donations on behalf of the Bureau of Prisons. 4045. Authority to conduct autopsies. 4046. Shock incarceration program. 4047. Prison impact assessments. 4048. Fees for health care services for prisoners.