ASSEMBLY LAW AND PUBLIC SAFETY COMMITTEE

STATEMENT TO

ASSEMBLY, No. 461

STATE OF NEW JERSEY

DATED: OCTOBER 7, 1996

      The Assembly Law and Public Safety Committee reports favorably Assembly Bill No. 461.

      Assembly Bill No. 461 supplements Title 26 of the Revised Statutes to require the disclosure of information relating to an inmate's AIDS or HIV status.

      Under the provisions of the bill, the superintendent of a State correctional facility or the warden or sheriff in charge of a county correctional facility is required to disclose the identity of any inmate who has tested positive for AIDS or the HIV virus to each corrections officer who is assigned to duties that require that officer to be in close physical proximity to that inmate.

      The bill further provides that any corrections officer who receives any such information relating to the AIDS or HIV status of an inmate must keep that information confidential.

      The confidentiality of information relating to an individual's AIDS or HIV status is governed by the provisions of sections 3 and 4 of P.L.1989, c.303 (C.26:5C-7 and 8). As a rule, all such records are to be kept confidential. In most cases, the disclosure of such information requires the patient's consent. There are, however, certain instances when the statutes permit the disclosure of such information without the patient's consent.

      It is the committee's understanding that the Department of Corrections currently limits the disclosure of information relating to an inmate's AIDS or HIV status to responsible medical and health personnel involved in the care of that inmate.

      This bill was prefiled for introduction in the 1996 session pending technical review. As reported, the bill includes the changes required by technical review, which has been performed.