text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``After Care Act of 2007''.
  
  SEC. 2. REQUIREMENT OF AIDS TESTING FOR PRISONERS ABOUT TO BE RELEASED.
  
      Section 4014(a) of title 18, United States Code, is amended by 
  adding at the end the following: ``The Attorney General shall cause 
  each individual about to be released from a sentence of imprisonment 
  for a Federal offense, other than those who have already tested 
  positive for the human immunodeficiency virus, to be tested for the 
  presence of that virus. If an individual is determined under the 
  preceding sentence to test positive for the presence of the human 
  immunodeficiency virus, the Attorney General shall inform the 
  individual, prior to the individual's release, that the individual has 
  tested positive for such virus and has an obligation to accept 
  treatment through the program under section 4 of the After Care Act of 
  2007.''.
  
  SEC. 3. CONDITIONS OF SUPERVISED RELEASE.
  
      Section 3583(d) of title 18, United States Code, is amended by 
  inserting after the 4th sentence the following: ``The court shall 
  order, as explicit conditions of supervised release, that the defendant 
  accept treatment through the program under section 4 of the After Care 
  Act of 2007 and provide notice to any prospective sexual partner that 
  the defendant has tested positive for the presence of the human 
  immunodeficiency virus before engaging in any sex act with such 
  partner, if the Attorney General informs the defendant before the 
  defendant's release from prison that the defendant has tested positive 
  for the presence of the human immunodeficiency virus and it will be the 
  obligation of the defendant to accept such treatment and provide such 
  notice.''.
  
  SEC. 4. PROGRAM FOR HIV/AIDS TREATMENT OF RECENTLY RELEASED FEDERAL 
                PRISONERS.
  
      (a) Establishment.--The Attorney General of the United States and 
  the Secretary of Health and Human Services, acting jointly, shall 
  establish and maintain a program to provide to each eligible individual 
  treatment for HIV/AIDS throughout the treatment period.
      (b) Consultation.--In carrying out this section, the Attorney 
  General of the United States and the Secretary of Health and Human 
  Services shall consult with the Director of the Centers for Disease 
  Control and Prevention, the Administrator of the Health Resources and 
  Services Administration, and the Administrator of the Centers for 
  Medicare & Medicaid Services.
      (c) Program Requirements.--The program established under subsection 
  (a) shall provide for the following:
              (1) Each eligible individual shall be provided with 
          treatment for HIV/AIDS throughout the treatment period.
              (2) Prior to the eligible individual's release by the 
          Bureau of Prisons, a culturally competent health care provider 
          shall be assigned to the individual--
                      (A) to formulate a medical discharge plan for the 
                  individual; and
                      (B) to continue to provide support services to the 
                  individual throughout the treatment period.
              (3) A discharge plan under paragraph (2)(A) shall include--
                      (A) completion of the procedural requirements 
                  necessary to establish eligibility for benefits under 
                  government programs, such as Medicaid, in sufficient 
                  time so that such eligibility has been established 
                  prior to release;
                      (B) provision of government-issued identification; 
                  and
                      (C) provision to the eligible individual and to the 
                  health care provider assigned to the individual under 
                  paragraph (2) of copies of all medical documents 
                  relating to the individual's treatment while 
                  incarcerated, including copies of prescriptions.
              (4) Prior to the eligible individual's release by the 
          Bureau of Prisons--
                      (A) a determination shall be made as to whether the 
                  individual will be homeless upon release; and
                      (B) if the individual would otherwise be homeless 
                  upon release, arrangements shall be made for safe and 
                  appropriate housing for the individual.
              (5) Prior to the eligible individual's release by the 
          Bureau of Prisons, the health care provider assigned to the 
          individual under paragraph (2) shall schedule a medical 
          appointment for the individual.
              (6) Prior to the eligible individual's release by the 
          Bureau of Prisons--
                      (A) the individual shall be provided with a one to 
                  two week supply of medications for treatment for HIV/
                  AIDS; and
                      (B) to minimize the risk of such medications being 
                  resold--
                              (i) if the individual is receiving pain 
                          medication while incarcerated, the individual 
                          shall be tested to determine whether the 
                          individual has been taking or selling the 
                          medication; and
                              (ii) the medications provided under 
                          subparagraph (A) shall be provided in a form, 
                          such as open boxes, that is more difficult to 
                          sell.
              (7) At the point of the eligible individual's release by 
          the Bureau of Prisons, the individual--
                      (A) shall be met and escorted to the services 
                  necessary for treatment for HIV/AIDS; and
                      (B) shall be provided with any appropriate 
                  emergency assistance, such as appropriate clothing.
              (8) During the treatment period--
                      (A) the eligible individual shall be provided with 
                  a contact for his or her first medical appointment and, 
                  if necessary, arrangements shall be made for subsequent 
                  appointments;
                      (B) the individual shall be provided with treatment 
                  adherence services to help the individual understand 
                  and adhere to the applicable medical regimen;
                      (C) the individual shall be provided, as determined 
                  necessary, with access to substance abuse treatment and 
                  to mental health services; and
                      (D) a skilled and culturally competent case manager 
                  and counselor shall be assigned to work with the 
                  individual to ensure that needed support services are 
                  obtained, medical appointments are kept, and the 
                  individual is supported through the difficult 
                  transition from incarceration to the streets.
              (9) Before the end of the treatment period, the health care 
          provider assigned to the eligible individual under paragraph 
          (2) shall arrange for the continuation of treatment for HIV/
          AIDS after such period.
      (d) Definitions.--In this section:
              (1) The term ``eligible individual'' means an individual 
          who--
                      (A) is released from a sentence of imprisonment for 
                  a Federal offense; and
                      (B) at the time of such release, tests positive for 
                  the presence of the human immunodeficiency virus.
              (2) The term ``treatment for HIV/AIDS'' means treatment for 
          human immunodeficiency virus or acquired immune deficiency 
          syndrome. Such treatment includes health care (including the 
          provision of medication), counseling, and education.
              (3) The term ``treatment period'' means the period--
                      (A) beginning on the date of the individual's 
                  release by the Bureau of Prisons; and
                      (B) ending on the date that is 2 years after such 
                  date of release.
      (e) Applicability.--This section applies only with respect to 
  eligible individuals released on or after the dates that is 60 days 
  after the date of the enactment of this Act.
      (f) Funding.--For fiscal year 2008 and each subsequent fiscal year, 
  there shall be appropriated such sums as may be necessary to carry out 
  this section.
  
  SEC. 5. UNLAWFUL SALE OF FEDERALLY FUNDED HIV/AIDS MEDICATION.
  
      (a) Prohibition.--A person receiving HIV/AIDS medication, including 
  antiretrovirals, through a Federal program shall not sell, or trade for 
  any benefit, such medication.
      (b) Enforcement.--If a person violates subsection (a), the Federal 
  official responsible for the program involved shall prohibit the person 
  from receiving any additional HIV/AIDS medication through such program, 
  unless the person agrees to abide by the following:
              (1) The person will receive such medication only through a 
          pharmacy that has been designated by the Secretary of Health 
          and Human Services as a specialty HIV pharmacy.
              (2) The person will receive counseling to help him or her 
          understand and adhere to the applicable medical regimen.
      (c) Designation of Specialty HIV Pharmacies.--For purposes of 
  subsection (b)(1), the Secretary of Health and Human Services shall 
  designate a pharmacy as a specialty HIV pharmacy if the pharmacy agrees 
  to take such actions as may be determined necessary by the Secretary to 
  prevent persons who receive HIV/AIDS medication from violating 
  subsection (a).
      (d) Definition.--In this section, the term ``HIV/AIDS medication'' 
  means medication to treat the person involved for human 
  immunodeficiency virus, acquired immune deficiency syndrome, or related 
  symptoms.
target: After Care Act of 2007 - Amends the federal criminal code to require: (1) the Attorney General to provide for the testing of prisoners about to be released from a federal facility for the human immunodeficiency virus; and (2) courts to order defendants testing positive for the virus to accept HIV/AIDS treatment as a condition of supervised release and to notify any prospective sexual partner of HIV/AIDS status.
  
  Requires the Attorney General and the Secretary of Health and Human Services to establish and maintain a program for HIV/AIDS treatment of prisoners for two years after release by the Bureau of Prisons.
  
  Prohibits individuals receiving HIV/AIDS medication, including antiretrovirals, through a federal program from selling or trading such medication.
feat_title: To amend title 18 of the United States Code to require HIV testing of Federal prisoners about to be released, to direct the Attorney General of the United States and the Secretary of Health and Human Services to provide HIV/AIDS treatment for recently released Federal prisoners, and for other purposes.