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HomeMy WebLinkAboutMINUTES - 11071995 - SD6 TO: BOARD OF SUPERVISORS F&HS-02 Contra 9 ....L 'mss Costa FROM: FAMILY AND HUMAN SERVICES COMMITTEE County DATE: October 23, 1995 r•`. �t�FIiiJ N'� Ct SUBJECT: TESTING OF INMATES FOR THE HIV VIRUS SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATIONS: 1. DIRECT the County Health Officer to prepare and forward to the Family and Human Services Committee on December 11, 1995 a policy statement which discusses the factors outlined in Penal Code Section 7511 which are to be taken into consideration by the chief medical officer (County Health Officer) in making a decision to order a non-consensual test of certain individuals for the HIV virus, which discusses other criteria or circumstances which the County Health Officer may take into consideration in making this decision, which describe the County Health Officer's understanding of the phrase "...could have resulted in a significant risk of AIDS infection..."as used in Penal Code Section 7511 (b) (1) and which, to the extent this is possible, could be a guide for the actions of the County Health Officer in this regard. 2. REQUEST the Sheriff-Coroner to prepare and forward to the Family and Human Services Committee on December 11, 1995 a protocol which will be followed by his staff in reporting situations which may result in a non-consensual test of certain individuals for the HIV virus and which will outline the manner in which the confidentiality of'the involved parties will be maintained. 3. REQUEST both the Health Services Director and the Sheriff-Coroner to survey other counties to determine which have implemented Title 8, Part 3 (commencing with Section 7500) of the Penal Code and what their experiences have been with the implementation of this Title, including the number of reports that have been made pursuant to Title 8, the frequency with which non-consensual testing has been performed and what criteria, protocols or policy statements have been adopted by the County Health Officer, Sheriff, or Board of Supervisors in this regard and report their findings to the Family and Human Services Committee on CONTINUED ON ATTACHMDacembefS1 1, 1995. SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARW`61QTE APPROVE OTHER - SIGNATURE(;-)L ACTION OF BOARD ON 7 1995 APPROVED AS RECOMMENDED �_ OTHER , VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE X UNANIMOUS(ABSENT - - ) AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. ATTESTED November 7, 1995 Contact: PHIL BATCHELOR,CLERK OF THE BOARD OF cc: See Page 3 SUPERVISORS AND C LINTY ADMINISTRATOR BY ,DEPUTY { r F&HS-02 BACKGROUND: On October 3, 1995, the Sheriff-Coroner asked that the Board of Supervisors adopt a Resolution implementing Title 8, Part 3 (commencing with Section 7500) of the Penal Code in order to allow the non-consensual testing of inmates and certain specified other individuals under specified circumstances for the HIV virus. The Board of Supervisors referred this request to the Family and Human Services Committee and instructed the Sheriff and Health Services staff to report to the Committee on the protocol to be used and to provide information on the experience of other counties which have implemented such a program. On October 23, 1995, our Committee met with the District Attorney, County Counsel, staff from the Health Services Department (Francie Wise, Carla Morris and Nancy Schulz) and staff from the Sheriff-Coroner's Office (Undersheriff Russ Pitkin, Larry Simmons and Doug Mongsene). Francie Wise, Director of Communicable Disease Control in the Public Health Division of the Health Services Department, indicated that the Health Services Department could support most of the Resolution, except for the notification portion. She also noted that the Health Services Department believes that, except for the notification section, existing law already permits everything that is covered in Title 8. She reviewed the concerns which were outlined in a June 30, 1995 letter to the District Attorney and Sheriff-Coroner and which include: ✓ the requirement that probation and parole officers be notified when an inmate being released is infected with AIDS and which permits those officers to notify other , persons who will come into contact with the parolee or probationer, and ✓ the requirement for supervisory and medical personnel of correctional institutions to notify staff if they are coming into close and direct contact with persons in custody who have tested HIV positive. Supervisor Smith noted that having information about the results of non-consensual HIV testing is not a good predictor of future behavior. For instance, the fact that one individual tests positive does not mean that the other person will get HIV. Likewise, a negative test doesn't mean that an individual isn't at risk for transmitting the HIV virus. He noted that the law appears to imply that testing inmates in this way will help medical and correctional personnel. He suggested that this is not true. Undersheriff Pitkin noted that while this may be the case, having the test results will help the law enforcement officer who may have been exposed. Currently, non-consensual testing can only be performed by getting a court order for the testing. He believes that getting medical staff involved is an improvement from the current system. Ms. Wise indicated that Health & Safety Code Section 19922 allows a medical officer to order a test of an inmate already. She also questioned whether a court order was always required in these cases. Supervisor Smith noted that the law also has been expanded to allow one inmate to make a report on another inmate. He objects to this expansion because of his concern that inmates will use the law against each other in order to try to get testing ordered when it may not be justified. Supervisor Smith indicated that the solution to his concerns would be for the Board of Supervisors to adopt a policy statement which would provide guidelines for the actions of the County Health Officer in terms of medical necessity. We are, therefore, asking the Health Services Department to prepare a report on this subject. Supervisor Smith also asked that the Sheriff outline a protocol which covers confidentiality and reporting 2 F&HS-02 requirements. In addition, we have asked both Health Services and the Sheriff to survey other jurisdictions to determine what their experience with this type of testing has been. County Counsel Vic Westman reminded our Committee that the Board of Supervisors cannot adopt protocols which prevent the Sheriff or Health Officer from performing duties which are required by law. Such protocols also cannot preclude the Health Officer from exercising his professional judgment within statutory limits. We will plan to make a final recommendation to the Board on this subject following our review on December 11, 1995 of the reports which have been requested. cc: County Administrator Health Services Director Public Health Director District Attorney Sheriff-Coroner County Counsel 3 Contra Costa County The Board of Supervisors ,HEALTH SERVICES DEPARTMENT OFFICE OF THE DIRECTOR Jim Rogers,1st District Mark Finucane, Director Jeff Smith,2nd District ��E.•`E.•L..••o� Gayle Bishop,3rd District 20 Allen Street Mark DeSaulnier,4th District = _ = Martinez,California 94553-3191 Tom Torlakson,5th District •s (510)370-5003 County Administrator FAX(510)370-5098 �-" �o¢r Phil Batchelor .___� " y County Administrator coup June 30, 1995 To: Warren E. Rupf, Sheriff-Coroner Gary T. Yancey,District Attorney From: Mark Finucane, Director Health Services Department Re: Implementing of HIV Testing Requirement of Local Resolution Thank you for your note regarding your support for proposed changes in Title 8 of part 3 of the California Penal Code(sections 7500 et seq) regarding HIV testing of inmates. I am glad to let you know of the proposed changes I support. As you know,the changes allow for the testing of inmates for HIV when requested by law enforcement personnel or fellow inmates and when the request if deemed appropriate by the county medical officer. The new provisions establish a procedure through which custodial and law enforcement personnel are able to request and may be granted a confidential HIV test of an inmate when medical authorities reasonably believe there is good medical reason for the test. I also support allowing inmates that same right to be given HIV test results of a fellow inmate if they have been exposed to potentially infectious fluids. I also support the new provisions which allow nonconsentual testing of inmates when there is supporting evidence that the inmate may have AIDS and that inmate is a danger to other inmates or staff. The new provisions suggest, but do not require, counseling before HIV tests are given. By Health Services Department policy,we will continue to require counseling whenever HIV tests are given. The portions of the new law I cannot support(1)requires that probation and parole officers be notified when an inmate being released from custody is infected with AIDS and permits those Merrithew Memorial Hospital&Clinics Public Health • Mental Health • Substance Abuse • Environmental Health Contra Costa Health Plan Emergency Medical Services • Home Health Agency • Geriatrics 4_';a5 !19/941 To:Gary Yancey and Warren Rupf Page 2 June 8, 1995 officers to notify other persons who will come into contact with the parolee or probationer and (2)requires supervisory and medical personnel of correctional institutions to notify staff if they are coming into close and direct contact with persons in custody who have tested HIV positive. I hope that County policy will continue to stand that only persons who"need to know"will be notified of an inmate's HIV status and that if a significant exposure occurs,that officer, or staff member may request HIV testing of the inmate. X123 1 Gary T.Yancey .� District Attorney R�cei CONTRA COSTACOUNTYOFFICE OF THEt p�dmeaed DISTRICT ATTORNEY p •;(� ({� (� �}�] 725 Court Street, Fourth Floor 15 lJ l5 U Martinez, California 94553 - WAR 30 1495 CONTRA COSTA COUNTY TO: Mark Finucane HEALTH SERVICES ADMINISTRATION Director, Health Se s Department FROM: Gary T. Yancey District Attomey DATE: March 30, 1995 SUBJECT: Implementing HIV Testing- Requirement of Local Resolution - Recommendation Warren and I would appreciate your support for this resolution. Please call me if you have problems/%..� Thanks. GTY:pd HIVTEST.DOGMAR95 Attachments r' G _ HAR-29-1995 14=12 ?TH FLOOR ADMIN 5186461480 P.82 to: BpARD OF SUPERVISORS Contra rRorr: _ Coos Q Warren 1:.NUP;Sheriff Gary T.Yancy,t)tstrtat Attorney Court_ oA7�: March 28,1995 aaB.lccT: Implementing WV Testing-Requirement of l.oml Resolution-Recommendation pECInC SEMOT(s)oft RE00 WU9 DATION(t)a RUMOROUND AND IUSTVWXn0N AECOMUENOATION: Tale 8 of part 3 of the Cal-Ifornia Penal Code(sections 7500 at seq.)requires an enabling resolution by the governing body of the county.h Is therefor the recommendation the attached resolution be adopted by the Board of Supervisors. BACKGROUND/.11fSTiFICATIOH: The pmvW nS tet fourth in Title 8 part 3 of the California Penal Code provides for the testing of inmates for the HIV vtus when requested by law enforcement paimnef or fellow inmates,ttrd when such request is deemed appropriate by the chief medical vfficaru(oounty health offices The provisions of this silk we not operative unless the governing body '+V the County adopts a resolution Wfln.tkV .such.• Adoptan of this resolution puts into place the protection and conMentlardy deemed appropriate by state law,and is a positive step towards slowing Cha spread of AIDS. The revolution Is aKached hereto. CONtrN=oNsrTAcWert X TTS ftesol lonAftelved t�ONATURre ��11EOOw1E14ATiON Of COIarTY ADiallctTRATOq �REOOMWElIDATION Oi SO�RO COrOriTTLE �_A�fRQltt __OTHER �rONATURE�t1- ACT10N OrBOMD ON AMROVED AB QED�� oTNM Vol torsummit gm - 1 MEREST CLIC FT THAT TM M A TWA -WHANMOUIfAaM �.�.��i AND CORRECT CST OF ANACiWNTAKm Alp: HOE$ ANO ENTE W ON THE MINUTtt Of TM BOARD "Swr. ABSTAIN: OF SUrERMtORS ON THE DATE AHOWK OC ATTEfTm . PHIL ri>;WHOM0.CLERK Of 176 SOARD OF SUPEPWASORS AND cOUHTY ADmoa MTOR wo t"%R BT .DEPUTY { r t MRR129-1995 14:12 7TH FLOOR ADMIN 5106461480 P.03 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA Adopted this order on by the following vote: AYES: NOES: ABSENT. ABSTAIN: RESOLUTION NO. WHEREAS, the public peace, health and safety Is endangered by the spread of acquired Immune deficiency syndrome (AIDS); and WHEREAS, the spread of AIDS presents a grave danger to law enforcement personnel who come Into contact with arrestees and prisoners Infected with the AIDS virus;and WHEREAS,the protection of the health and safety of these personnel Is of these personnel Is of great Importance to the people of Contra Costa County; and WHEREAS,the testing of Individuals In custody of law enforcement for evidence of Infection by the NN virus,AIDS or AIDS related complex would help provide a level of Information necessary for effective disease control within custodial institutions, and would help preserve the health of law enforcement personnel,Inmates and the public at large;and WHEREAS, such testing would be undertaken only In those cases deemed appropriate by the chief medical officer and In compliance with all legal requirements,including those provisions pertaining to the.confidentiality of results. NOW THEREFORE,BE IT'RESOLVED that the provisions of Tile$of Part 3 of the Penal Code(sections 75M et seq.)regarding the medical testing of persons therein designated for the H114 virus,AIDS or AIDS related complex,shall be operative in Contra Costa County. I hereby certify that this Is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. Attested: Phil Batchelor,Clerk of The Board of Supervisors and County Administrator. By: Deputy W.E.Rupf,Sheriff G.Y.Yancy,District Attorney M.Flnucane,Director Health Service Department RESOLUTION NO.