Sec. 757. Review of all Federal and State laws, policies, and regulations regarding the criminal prosecution of individuals for HIV-related offenses

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The terms HIV and HIV/AIDS have the meanings given to such terms in section 2689 of the Public Health Service Act (42 U.S.C. 300ff–88). The term State includes the District of Columbia, American Samoa, the Commonwealth of the Northern Mariana Islands, Guam, Puerto Rico, and the United States Virgin Islands. It is the sense of the Congress that Federal and State laws, policies, and regulations regarding people living with HIV/AIDS— should not place unique or additional burdens on such individuals solely as a result of their HIV status; and should instead demonstrate a public health-oriented, evidence-based, medically accurate, and contemporary understanding of— the multiple factors that lead to HIV transmission; the relative risk of HIV transmission routes; the current health implications of living with HIV; the associated benefits of treatment and support services for people living with HIV; and the impact of punitive HIV-specific laws and policies on public health, on people living with or affected by HIV, and on their families and communities.

No later than 90 days after the date of the enactment of this Act, the Attorney General, the Secretary of Health and Human Services, and the Secretary of Defense acting jointly (in this paragraph and paragraph

(2)referred to as the designated officials ) shall initiate a national review of Federal and State laws, policies, regulations, and judicial precedents and decisions regarding criminal and related civil commitment cases involving people living with HIV/AIDS, including in regards to the Uniform Code of Military Justice. In carrying out the review under subparagraph (A), the designated officials shall ensure diverse participation and consultation from each State, including with— State attorneys general (or their representatives); State public health officials (or their representatives); State judicial and court system officers, including judges, district attorneys, prosecutors, defense attorneys, law enforcement, and correctional officers; members of the United States Armed Forces, including members of other Federal services subject to the Uniform Code of Military Justice; people living with HIV/AIDS, particularly those who have been subject to HIV-related prosecution or who are from communities whose members have been disproportionately subject to HIV-specific arrests and prosecutions; legal advocacy and HIV/AIDS service organizations that work with people living with HIV/AIDS; nongovernmental health organizations that work on behalf of people living with HIV/AIDS; and trade organizations or associations representing persons or entities described in clauses

(i)through (vii). In carrying out the review under subparagraph (A), the designated officials may utilize other existing reviews of criminal and related civil commitment cases involving people living with HIV/AIDS, including any such review conducted by any Federal or State agency or any public health, legal advocacy, or trade organization or association if the designated officials determine that such reviews were conducted in accordance with the principles set forth in subsection (b). No later than 180 days after initiating the review required by paragraph (1), the Attorney General shall transmit to the Congress and make publicly available a report containing the results of the review, which includes the following: For each State and for the Uniform Code of Military Justice, a summary of the relevant laws, policies, regulations, and judicial precedents and decisions regarding criminal cases involving people living with HIV/AIDS, including, if applicable, the following: A determination of whether such laws, policies, regulations, and judicial precedents and decisions place any unique or additional burdens upon people living with HIV/AIDS. A determination of whether such laws, policies, regulations, and judicial precedents and decisions demonstrate a public health-oriented, evidence-based, medically accurate, and contemporary understanding of— the multiple factors that lead to HIV transmission; the relative risk of HIV transmission routes; the current health implications of living with HIV; the associated benefits of treatment and support services for people living with HIV; and the impact of punitive HIV-specific laws and policies on public health, on people living with or affected by HIV, and on their families and communities. An analysis of the public health and legal implications of such laws, policies, regulations, and judicial precedents, including an analysis of the consequences of having a similar penal scheme applied to comparable situations involving other communicable diseases. An analysis of the proportionality of punishments imposed under HIV-specific laws, policies, regulations, and judicial precedents, taking into consideration penalties attached to violation of State laws against similar degrees of endangerment or harm, such as driving while intoxicated

(DWI)or transmission of other communicable diseases, or more serious harms, such as vehicular manslaughter offenses. An analysis of common elements shared among State laws, policies, regulations, and judicial precedents. A set of best practice recommendations directed to State governments, including State attorneys general, public health officials, and judicial officers, in order to ensure that laws, policies, regulations, and judicial precedents regarding people living with HIV/AIDS are in accordance with the principles set forth in subsection (b). Recommendations for adjustments to the Uniform Code of Military Justice, as may be necessary, in order to ensure that laws, policies, regulations, and judicial precedents regarding people living with HIV/AIDS are in accordance with the principles set forth in subsection (b). Within 90 days of the release of the report required by paragraph (2), the Attorney General and the Secretary of Health and Human Services, acting jointly, shall develop and publicly release updated guidance for States based on the set of best practice recommendations required by paragraph (2)(C) in order to assist States dealing with criminal and related civil commitment cases regarding people living with HIV/AIDS. Within 60 days of the release of the guidance required by paragraph (3), the Attorney General and the Secretary of Health and Human Services, acting jointly, shall establish an integrated monitoring and evaluation system which includes, where appropriate, objective and quantifiable performance goals and indicators to measure progress toward statewide implementation in each State of the best practice recommendations required in paragraph (2)(C), including to monitor, track, and evaluate the effectiveness of assistance provided pursuant to subsection (d). Within 90 days of the release of the report required by paragraph (2), the Attorney General, the Secretary of Health and Human Services, and the Secretary of Defense, acting jointly, shall develop and transmit to the President and the Congress, and make publicly available, such proposals as may be necessary to implement adjustments to Federal laws, policies, or regulations, including to the Uniform Code of Military Justice, based on the recommendations required by paragraph (2)(D), either through Executive order or through changes to statutory law. There are authorized to be appropriated such sums as may be necessary for the purpose of carrying out this subsection. Amounts authorized to be appropriated by the preceding sentence are in addition to amounts otherwise authorized to be appropriated for such purpose. Amounts appropriated pursuant to the authorization of appropriations in subparagraph

(A)are authorized to remain available until expended. The Attorney General may provide assistance to eligible State and local entities and eligible nongovernmental organizations for the purpose of incorporating the best practice recommendations developed under subsection (c)(2)(C) within relevant State laws, policies, regulations, and judicial decisions regarding people living with HIV/AIDS. The assistance authorized by subparagraph

(A)may include— direct technical assistance to eligible State and local entities in order to develop, disseminate, or implement State laws, policies, regulations, or judicial decisions that conform with the best practice recommendations developed under subsection (c)(2)(C); direct technical assistance to eligible nongovernmental organizations in order to provide education and training, including through classes, conferences, meetings, and other educational activities, to eligible State and local entities; and subcontracting authority to allow eligible State and local entities and eligible nongovernmental organizations to seek technical assistance from legal and public health experts with a demonstrated understanding of the principles underlying the best practice recommendations developed under subsection (c)(2)(C). The Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention, may provide assistance to State and local public health departments and eligible nongovernmental organizations for the purpose of supporting eligible State and local entities to incorporate the best practice recommendations developed under subsection (c)(2)(C) within relevant State laws, policies, regulations, and judicial decisions regarding people living with HIV/AIDS. The assistance authorized by subparagraph

(A)may include— direct technical assistance to State and local public health departments in order to support the development, dissemination, or implementation of State laws, policies, regulations, or judicial decisions that conform with the set of best practice recommendations developed under subsection (c)(2)(C); direct technical assistance to eligible nongovernmental organizations in order to provide education and training, including through classes, conferences, meetings, and other educational activities, to State and local public health departments; and subcontracting authority to allow State and local public health departments and eligible nongovernmental organizations to seek technical assistance from legal and public health experts with a demonstrated understanding of the principles underlying the best practice recommendations developed under subsection (c)(2)(C). As a condition of receiving assistance through this subsection, eligible State and local entities, State and local public health departments, and eligible nongovernmental organizations shall agree— not to place any unique or additional burdens on people living with HIV/AIDS solely as a result of their HIV status; and that if the entity, department, or organization promulgates any laws, policies, regulations, or judicial decisions regarding people living with HIV/AIDS, such actions shall demonstrate a public health-oriented, evidence-based, medically accurate, and contemporary understanding of— the multiple factors that lead to HIV transmission; the relative risk of HIV transmission routes; the current health implications of living with HIV; the associated benefits of treatment and support services for people living with HIV; and the impact of punitive HIV-specific laws and policies on public health, on people living with or affected by HIV, and on their families and communities. No later than 1 year after the date of the enactment of this Act, and annually thereafter, the Attorney General and the Secretary of Health and Human Services, acting jointly, shall transmit to Congress and make publicly available a report describing, for each State, the impact and effectiveness of the assistance provided through this Act. Each such report shall include— a detailed description of the progress each State has made, if any, in implementing the best practice recommendations developed under subsection (c)(2)(C) as a result of the assistance provided under this subsection, and based on the performance goals and indicators established as part of the monitoring and evaluation system in subsection (c)(4); a brief summary of any outreach efforts undertaken during the prior year by the Attorney General and the Secretary of Health and Human Services to encourage States to seek assistance under this subsection in order to implement the best practice recommendations developed under subsection (c)(2)(C); a summary of how assistance provided through this subsection is being utilized by eligible State and local entities, State and local public health departments, and eligible nongovernmental organizations and, if applicable, any contractors, including with respect to nongovernmental organizations, the type of technical assistance provided, and an evaluation of the impact of such assistance on eligible State and local entities; and a summary and description of eligible State and local entities, State and local public health departments, and eligible nongovernmental organizations receiving assistance through this subsection, including if applicable, a summary and description of any contractors selected to assist in implementing such assistance. For the purposes of this subsection: The term eligible State and local entities means the relevant individuals, offices, or organizations that directly participate in the development, dissemination, or implementation of State laws, policies, regulations, or judicial decisions, including— State governments, including State attorneys general, State departments of justice, and State National Guards, or their equivalents; State judicial and court systems, including trial courts, appellate courts, State supreme courts and courts of appeal, and State correctional facilities, or their equivalents; and local governments, including city and county governments, district attorneys, and local law enforcement departments, or their equivalents. The term State and local public health departments means the following: State public health departments, or their equivalents, including the chief officer of such departments and infectious disease and communicable disease specialists within such departments. Local public health departments, or their equivalents, including city and county public health departments, the chief officer of such departments, and infectious disease and communicable disease specialists within such departments. Public health departments or officials, or their equivalents, within State or local correctional facilities. Public health departments or officials, or their equivalents, within State National Guards. Any other recognized State or local public health organization or entity charged with carrying out official State or local public health duties. The term eligible nongovernmental organizations means the following: Nongovernmental organizations, including trade organizations or associations that represent— State attorneys general, or their equivalents; State public health officials, or their equivalents; State judicial and court officers, including judges, district attorneys, prosecutors, defense attorneys, law enforcement, and correctional officers; State National Guards; people living with HIV/AIDS; legal advocacy and HIV/AIDS service organizations that work with people living with HIV/AIDS; and nongovernmental health organizations that work on behalf of people living with HIV/AIDS. Nongovernmental organizations, including trade organizations or associations that demonstrate a public-health oriented, evidence-based, medically accurate, and contemporary understanding of— the multiple factors that lead to HIV transmission; the relative risk of HIV transmission routes; the current health implications of living with HIV; the associated benefits of treatment and support services for people living with HIV; and the impact of punitive HIV-specific laws and policies on public health, on people living with or affected by HIV, and on their families and communities. In addition to amounts otherwise made available, there are authorized to be appropriated to the Attorney General and the Secretary of Health and Human Services such sums as may be necessary to carry out this subsection for each of the fiscal years 2015 through 2019. Amounts appropriated pursuant to the authorizations of appropriations in subparagraph

(A)are authorized to remain available until expended.

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42 USC 300ff–88

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Sec. 757

Review of all Federal and State laws, policies, and regulations regarding the criminal prosecution of individuals for HIV-related offenses

Cite42 USC 300ff–88

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