Correctional facilities: gassing.

Existing law defines the act of "gassing," in part, as intentionally throwing human excrement or other bodily fluids at another person, resulting in actual contact with the person's skin or membranes. Existing law makes it a crime of aggravated battery for any person confined in a local detention facility or the state prison to commit a battery by gassing upon the person of a peace officer or employee of the local detention facility or the state prison. Existing law prescribes a procedure by which a law enforcement employee who comes into contact with the bodily fluids of an inmate may request that the inmate be tested for HIV and hepatitis, subject to specified criteria and procedures. This bill would authorize an officer or employee who is the victim of a reported or suspected gassing attack to request that the inmate involved with the attack be tested for hepatitis and tuberculosis, as specified. The bill would require a state prison facility and a county jail to make protective gear, such as clothing, goggles, and shields, readily available to staff. The bill would also require a state prison facility and a county jail to provide adequate training to officers on how to prevent and mitigate the harm from gassing attacks, as specified, and to replace any article of an officer's uniform that has been soiled in a gassing attack. The bill would require a state prison facility and a county jail to complete investigations of gassing attacks within 6 months of the violation, as specified. Existing law authorizes an inmate of a correctional institution to request testing for HIV or hepatitis B or C of another inmate of that institution if the inmate has reason to believe that the inmate has come into contact with the bodily fluids of the other inmate. This bill would authorize a person sentenced to a state prison or county jail to receive an examination for HIV or hepatitis B or C if the inmate has been exposed to the bodily fluids of another inmate. The bill would require the warden of a state prison and the county sheriff or administrator of a county jail to post a notice relating to the rights of a victim of a gassing attack and to provide a notice to an officer, employee, or inmate of the facility or jail who is the victim of the attacks, informing them of their rights. The bill would also require a state prison and a county jail to document specified information relating to those attacks. By creating new duties for sheriffs and county jail administrators, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.