Sec. 7216. Expanding support for condoms in prisons
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/bill/117/s/4486/is/section-7216A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
It is the sense of the Congress that States shall allow for the legal distribution of sexual barrier protection devices in State correctional facilities to reduce the prevalence and spread of STIs in those facilities. Not later than 30 days after the date of enactment of this Act, the Attorney General shall direct the Director of the Bureau of Prisons to allow community organizations to, in accordance with all relevant Federal laws and regulations that govern visitation in Federal correctional facilities— distribute sexual barrier protection devices in Federal correctional facilities; and engage in STI counseling and STI prevention education in Federal correctional facilities.
Any community organization permitted to distribute sexual barrier protection devices under paragraph
(1)shall ensure that the individuals to whom the devices are distributed are informed about the proper use and disposal of sexual barrier protection devices in accordance with established public health practices. Any community organization conducting STI counseling or STI prevention education under paragraph
(1)shall offer comprehensive sexuality education. A Federal correctional facility may not, because of the possession or use of a sexual barrier protection device— take adverse action against an incarcerated individual; or consider possession or use as evidence of prohibited activity for the purpose of any Federal correctional facility administrative proceeding. The Attorney General and the Director of the Bureau of Prisons shall implement this section according to established public health practices in a manner that protects the health, safety, and privacy of incarcerated individuals and of correctional facility staff. Not later than 180 days after the date of enactment of this Act, and annually thereafter for 5 years, the Attorney General, after consulting with the Secretary of Health and Human Services, State officials, and community organizations, shall, to the maximum extent practicable, conduct a survey of all Federal and State correctional facilities, to determine the following: Whether the correctional facility— requires incarcerated individuals to participate in counseling, treatment, and supportive services related to STIs; or offers such programs to incarcerated individuals. Whether incarcerated individuals can— possess sexual barrier protection devices; purchase sexual barrier protection devices; purchase sexual barrier protection devices at a reduced cost; or obtain sexual barrier protection devices without cost. The incidence of sexual violence and assault committed by incarcerated individuals and by correctional facility staff. The type of prevention education, information, or training offered to incarcerated individuals and correctional facility staff regarding sexual violence and the spread of STIs, including whether such education, information, or training— constitutes comprehensive sexuality education; is compulsory for new incarcerated individuals and for new correctional facility staff; and is offered on an ongoing basis. Whether the correctional facility tests incarcerated individuals for STIs or gives them the option to undergo such testing— at intake; on a regular basis; and prior to release. The number of incarcerated individuals who are tested for STIs and the outcome of such tests at each correctional facility, disaggregated to include results for— the type of STI tested for; the race and ethnicity of an individual tested; the age of an individual tested; and the gender of the individual tested. Whether incarcerated individuals are informed prior to release about STI-related services or other health services in their communities, including free and low-cost counseling and treatment options. The number of referrals to community-based organizations or public health facilities offering STI-related or other health services provided to incarcerated individuals prior to release, and the type of counseling or treatment for which the referral was made. Whether— the correctional facility assists incarcerated individuals that were enrolled in the State Medicaid program prior to their incarceration in reinstating their enrollment upon release; and such individuals receive referrals as described in subparagraph
(G)to entities that accept the State Medicaid program, including, if applicable— the number of such individuals, including those diagnosed with HIV, that have been reinstated; a list of obstacles to reinstating enrollment or to making determinations of eligibility for reinstatement, if any; and the number of individuals denied enrollment. Whether the correctional facility has taken any other action, in conjunction with community organizations or otherwise, to reduce the prevalence and spread of STIs in that facility. In conducting the survey under paragraph (1), the Attorney General shall not request or retain the identity of any individual who has sought or been offered counseling, treatment, testing, or prevention education information regarding an STI (including information about sexual barrier protection devices), or who has tested positive for an STI. The Attorney General shall transmit to Congress and make publicly available the results of the survey required under paragraph (1), both for the United States as a whole and disaggregated as to each State and each correctional facility. To the maximum extent possible, the Attorney General shall— issue the first report under subparagraph
(A)not later than 1 year after the date of enactment of this Act; and issue reports under subparagraph
(A)annually thereafter for 5 years. The Attorney General, in consultation with the Secretary of Health and Human Services, State officials, and community organizations, shall develop and implement a 5-year strategy to reduce the prevalence and spread of STIs in Federal and State correctional facilities. To the maximum extent possible, the strategy shall be developed, transmitted to Congress, and made publicly available not later than 180 days after the transmission of the first report required under subsection (c)(3). The strategy developed under paragraph
(1)shall include the following: A plan for improving prevention education, information, and training offered to incarcerated individuals and correctional facility staff, including information and training on sexual violence and the spread of STIs, and comprehensive sexuality education. A plan for expanding access to sexual barrier protection devices in correctional facilities. A plan for reducing the incidence of sexual violence among incarcerated individuals and correctional facility staff. A plan for expanding access to counseling and supportive services related to STIs in correctional facilities. A plan for testing incarcerated individuals for STIs during intake, during regular health exams, and prior to release that— is conducted in accordance with guidelines established by the Centers for Disease Control and Prevention; includes pretest counseling; requires that incarcerated individuals are notified of their option to decline testing at any time; requires that incarcerated individuals are confidentially notified of their test results in a timely manner; and ensures that incarcerated individuals testing positive for STIs receive post-test counseling, care, treatment, and supportive services. A plan for ensuring that correctional facilities have the necessary medicine and equipment to treat and monitor STIs and for ensuring that incarcerated individuals living with or testing positive for STIs receive and have access to care and treatment services. A plan for developing and implementing culturally appropriate, sensitive, and specific strategies to reduce the spread of STIs among demographic groups heavily impacted by STIs. A plan for establishing and strengthening linkages to local community and health facilities that— provide counseling, testing, care, and treatment services; may receive individuals recently released from incarceration who are living with STIs; and accept payment through the State Medicaid program. Plans to ensure that— incarcerated individuals who were enrolled in their State Medicaid program prior to incarceration in a correctional facility are automatically reenrolled in such program upon their release; and incarcerated individuals who were not enrolled in their State Medicaid program prior to incarceration, and who are diagnosed with HIV while incarcerated in a correctional facility, are automatically enrolled in such program upon their release. Any other plans developed by the Attorney General for reducing the spread of STIs or improving the quality of health care in correctional facilities. A monitoring system that establishes performance goals related to reducing the prevalence and spread of STIs in correctional facilities and which, where feasible, expresses such goals in quantifiable form. Performance indicators that measure or assess the achievement of the performance goals described in subparagraph (K). A detailed estimate of the funding necessary to implement the strategy at the Federal and State levels for all 5 years, including the amount of funds required by community organizations to implement the parts of the strategy in which they take part. Not later than 1 year after the date of the enactment of this Act, and annually thereafter, the Attorney General shall transmit to Congress and make publicly available an annual progress report regarding the implementation and effectiveness of the strategy described in paragraph (1). The progress report shall include an evaluation of the implementation of the strategy using the monitoring system and performance indicators provided for in subparagraphs
(K)and
(L)of paragraph (2). There are authorized to be appropriated such sums as may be necessary to carry out this section for each of fiscal years 2023 through 2027. Amounts made available under paragraph
(1)are authorized to remain available until expended. In this section: The term community organization means a public health care facility or a nonprofit organization that provides health- or STI-related services according to established public health standards. The term comprehensive sexuality education means sexuality education— that includes information about abstinence and about the proper use and disposal of sexual barrier protection devices; and that is— evidence based; medically accurate; age and developmentally appropriate; gender and identity sensitive; culturally and linguistically appropriate; and structured to promote critical thinking, self-esteem, respect for others, and the development of healthy attitudes and relationships. The term correctional facility means any prison, penitentiary, adult detention facility, juvenile detention facility, jail, or other facility to which individuals may be sent after conviction of a crime or act of juvenile delinquency within the United States. The term incarcerated individual means any individual who is serving a sentence in a correctional facility after conviction of a crime. The term sexual barrier protection device means any physical device approved, cleared, or otherwise authorized by the Food and Drug Administration that has not been tampered with and which reduces the probability of STI transmission or infection between sexual partners, including female condoms, male condoms, and dental dams. The term sexually transmitted infection or STI means any disease or infection that is commonly transmitted through sexual activity, including HIV, gonorrhea, chlamydia, syphilis, genital herpes, viral hepatitis, and human papillomavirus. 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. The term State Medicaid program means the State plan (or a waiver of such plan) under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. ).
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Sec. 7216
Expanding support for condoms in prisons
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