Page:United States Statutes at Large Volume 102 Part 4.djvu/202

 102 STAT. 3172

PUBLIC LAW 100-607—NOV. 4, 1988

(A) correctional personnel, as considered necessary under laws of the State or policies established by the State department of health, may have access to the information; and -^^ (B) victims of rape may be informed of the result of the test, if the person convicted of the rape tests positive for e:qK)Sure to the human immunodeficiency virus. (c) MEDICAL TREATBISNT OF DRUG AND SEX OFFENDERS.—The chief law enforcement officer of each State receiving funds under this section shall provide education and counseling through existing prison medical facilities to any individual tested for exposure to the human immunodefidencgr virus established under subsection (a). (d) FUNDING.—

(1) IN GENERAL.—The program established under subsection (a) shall be conducted in part using funds made available under this section. (2) REQUIREMENT.—A State shall not receive funds under this section unless an application for such has been submitted to, and approved by, the Attorney GeneraL (3) CONTENTS.—An application submitted under paragraph (1) shall— (A) be in such form and be submitted in such manner as the Attorney General may by r^^uiation require; and (B) contain— (i) assurances by the chief executive officer of the State will provide, through existing medical facilities in State penal institutions, education and pre- and posttest counseling to any individual tested for exposure to the human immunodeficiency virus under this section; (ii) a 50 percent cost share under subsection (a) by the State; and (iii) such other information as the Attorney General may by r^^ation specify. (e) DEFINITIONS.—As used in this section, the term "intravenous drug or sex offense" means— (1) an ofiTense that is punishable, under a State law relating to intravenous use of a controlled substance (other than a law relating to simple possession of a controlled substance), by imprisonment for a term exceeding one year, (2) a State offense of the same type described under chapter 99 of title 18, United States Code, relating to rape; or (3) a State criminal offense involving prostitution. (f) REGULATIONS.—The Attorney General shall promulgate regulations to carry out this section, including r^ulations that determine the amount of funds that each State is entitled to receive under this section. (g) AUTHORIZATION OF APPROPRIATIONS.—To carry out this section, there are authorized to be appropriated such sums as may be necessary for each of the fiscal years 1988 through 1990. 42 USC 300ee-6

S E C M3. STUDY BY ATTORNEY GENERAL.

Not later than I year after the date of enactment of this title, the Attorney General of the United States shall complete a study and submit a report to the appropriate Committees of Congress concerning the appropriateness or inappropriateness of mandated prison sentences for any individual convicted of an intravenous drug or sex

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