110.002 HIV and STD Prevention Activities in State Prisons and Jails, State Juvenile Justice Facilities, Municipal and County Jails, Federal Prisons, and Private Prisons

Policy Number 110.002
Effective Date May 26, 1998
Revision Date May 28, 2024
Approval Authority HIV/STD Section Director
Signed by D’Andra Luna

1.0 Purpose

This policy details the HIV/STD prevention activities of the HIV/STD Section (Section) and its contractors at federal prisons, state prisons, and state jails located in Texas. Prisons and jails outsourced to private entities also fall under this policy.

2.0 Authority

Code of Federal Regulations (CFR) Title 28, §§ 549.10-549.18; Federal Bureau of Prisons Program Statement 6190.04; Texas Health and Safety Code, §85.003, §85.012, §§85.112-85.114, §85.141, §85.142; §§614.015-017; Texas Government Code, §501.054; §507.023; Texas Local Government Code, §351.101, §361.901; 25 Texas Administrative Code (TAC) §3.31; 37 TAC, §273.1, §343.322, §343.326.

3.0 Definitions

Federal Agencies  US Bureau of Prisons, or Federal Prison Industries, Inc., a U.S. Penitentiary, a federal correctional institution, a federal prison camp, a federal detention center, a metropolitan correctional center, a metropolitan detention center, a U.S. medical center for federal prisoners, a federal medical center, or a federal transportation center.

State Agencies  Texas Department of Criminal Justice, Correctional Institutions Division: correctional facilities including prisons, pre-release facilities, psychiatric facilities, medical facilities, substance abuse felony punishment facilities, state jails, transfer facilities, and intermediate sanction facilities. Texas Juvenile Justice Department: juvenile justice facilities, including pre-adjudication secure detention facilities, short-term detention facilities (holdover), post-adjudication secure correctional facilities, and post-adjudication residential treatment facilities.

Local Agencies  A county jail, a county correctional center, a county jail industries workfarm, a county jail industries workhouse, a municipal jail, a municipal workhouse, a municipal house of correction, or a jointly owned municipal and county criminal justice center.

4.0 Responsibilities

4.1    Department of State Health Services (DSHS) and Texas Department of Criminal Justice (TDCJ)

  • DSHS has executed a Memorandum of Understanding (MOU) with TDCJ to provide specific types of coordination and information. Under this agreement, DSHS strives to get the most up-to-date information about public health conditions and provide that information to TDCJ to assure coordination, communication, and the development of any necessary inter-agency rules, policies, and procedures. DSHS provides information about local service providers and accepts referrals made by the TDCJ to appropriate services in the community of an individual’s release.

4.2    Federal, State, and Local Agencies with Jurisdiction Over Prisoners (or Their Contractors)

  • Provide healthcare to people incarcerated in their facilities;
  • Oversee the HIV/STD prevention and treatment of people incarcerated in their facilities; and
  • Notify the Section of a person living with HIV or other STDs who is being released.

4.3    HIV/STD Section

  • Contracts with entities providing prevention and treatment of HIV to the general population of the state, using federal funds dedicated to this purpose; and
  • Informs their appropriate contractor(s) serving the area in which a released person living with HIV or another STD is residing.

4.4    HIV/STD Section Contractors

  • Uses the designated federal funds to fill gaps in services for people living with HIV and their families in a manner that does not duplicate the efforts of other entities; and
  • Does not provide HIV/STD prevention or treatment services in prisons under federal or state jurisdiction.

4.5    Private Jails

  • Enters into contracts with the Commissioner’s Court of a county to provide jails;
  • Are subject to the same policies and rules as the State Jail Commission; and
  • Are subject to the same regulations as prisons operated by the state.

5.0 Section Contractor Prison Activities

  • Section contractors may work with state or private prison or jail personnel to determine if people living with HIV or other STDs desire to continue treatments when released. The Section encourages their contractors to work with prison officials and ensure a smooth transition of the individual to the community health setting.
  • The Section's contractor may provide information to prison personnel about local resources available to assist people living with HIV or other STDs who desire treatment after release.
  • The Section supports their contractors’ involvement in HIV/STD partner elicitation and notification activities in state prisons or jails.

6.0 Section Prison Activities

6.1 Education activities

  • The Section has developed model education materials to develop training for staff, clients, inmates, patients, and residents in affected facilities.
  • State agencies and private companies may adapt the contents of the Section’s model education materials to fit their needs.
  • The Section, upon request, may act as a consultant with a state agency developing or revising an educational program about HIV for its prison or jail population.
  • The Section does not develop specific educational material for an agency, but it does provide factual scientific and epidemiologic information.

6.2 Model workplace guidelines

  • The Section, in consultation with appropriate state agencies, provides factual information about treatment and clinical practices to assist in developing model workplace guidelines for persons who have HIV, STDs, and related conditions.
  • The Section only acts in an advisory capacity to fulfill the requirements of Texas Health and Safety Code §§85.112-85.113 for businesses, state agencies, and state contractors.
  • The Section provides these on the Model Workplace Guidelines webpage.

6.3 Epidemiologic information

  • The Section works with state officials to incorporate epidemiologic data related to HIV/AIDS and STDs in prisons and jails into the overall state epidemiologic data.
  • The Section may share pertinent epidemiologic information, including projections and other analyses relative to HIV, with federal and state agencies to aid them in evaluating and targeting activities. The content of the information conforms to the limitations described in HIV/STD Policy 302.001.

7.0 Revision History

Date Action Section
5/28/2024 Updated to eliminate reference to Section Policy 035.001, Model Education Program for use by Employers to Educate Employees About the HIV Disease and its Progressive Stages, and Policy 090.021, HIV/AIDS Model Workplace Guidelines for Businesses, State Agencies, and State Contractors. 6.0 and 8.0
4/18/2023 Included Family Code (juvenile detention centers) and Local Government Code (jails); corrected and updated authority; changed policy format to include responsibilities; removed reference to TB to reflect new section designation All
9/1/2017 Changed "TB/HIV/STD Unit" to "TB/HIV/STD Section" to reflect new program designation All
9/3/2014 Converted format (Word to HTML) All
11/13/2002 Converted format (WordPerfect to Word) All
5/26/1998 Policy directive issued All


8.0 Associated Policies

Policy Number Policy Name
302.001 Release of Tuberculosis (TB), Human Immunodeficiency Virus (HIV), Sexually Transmitted Disease (STD), and Viral Hepatitis Data