I 
109TH CONGRESS 
2D SESSION 
H. R. 6083 
To reduce the spread of sexually transmitted infections in correctional 
facilities, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 14, 2006 
Ms. LEE (for herself, Mrs. CHRISTENSEN, Mr. JACKSON of Illinois, Ms. WA-
TERS, and Mr. WAXMAN) introduced the following bill; which was referred 
to the Committee on the Judiciary 
A BILL 
To reduce the spread of sexually transmitted infections in 
correctional facilities, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Justice for the Unpro-
tected Against Sexually Transmitted Infections among the 
Confined and Exposed Act of 2006’’ or the ‘‘JUSTICE 
Act of 2006’’. 
SEC. 2. FINDINGS. 
The Congress makes the following findings: 
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(1) According to the Bureau of Justice Statis-
tics (BJS), 2,186,230 persons were incarcerated in 
the United States as of midyear 2005. Between 
1995 and midyear 2005, the number of persons in-
carcerated in Federal or State correctional facilities 
increased by an average of 3.4 percent per year. One 
in every 136 United States residents was incarcer-
ated in a Federal, State, or local correctional facility 
as of midyear 2005. 
(2) As of 2001, 64 percent of incarcerated per-
sons were racial or ethnic minorities. Based on cur-
rent incarceration rates, BJS estimates that 32 per-
cent of African-American males will enter State or 
Federal correctional facilities during their lifetime, 
compared with 17 percent of Hispanic males and 5.9 
percent of White males. 
(3) There is a disproportionately high rate of 
HIV/AIDS among incarcerated persons, especially 
among minorities. Approximately 25 percent of the 
HIV-positive population of the United States passes 
through correctional facilities each year. BJS deter-
mined that the rate of confirmed AIDS cases is 3 
times higher among incarcerated persons than in the 
general population. Minorities account for the major-
ity of AIDS-related deaths among incarcerated per-
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sons, with African-American incarcerated persons 
3.5 times more likely than White incarcerated per-
sons and 2.5 times more likely than Hispanic incar-
cerated persons to die from AIDS-related causes. 
(4) Studies suggest that other sexually trans-
mitted 
infections 
(STIs), 
such 
as 
gonorrhea, 
chlamydia, syphilis, genital herpes, viral hepatitis, 
and human papillomavirus, also exist at a higher 
rate among incarcerated persons than in the general 
population. For instance, researchers have estimated 
that the rate of Hepatitis C (HCV) infection among 
incarcerated persons is somewhere between 8 and 20 
times higher than that of the general population. 
(5) Correctional facilities lack a uniform system 
of STI testing and reporting. Establishing a uniform 
data collection system would assist in developing and 
targeting counseling and treatment programs for in-
carcerated persons. Better developed and targeted 
programs may reduce the spread of STIs. 
(6) Although Congress has acted to reduce the 
spread of sexual violence in correctional facilities by 
enacting the National Prison Rape Elimination Act 
(PREA) of 2003, BJS reported 8,210 allegations of 
sexual violence in correctional facilities in 2004. 
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(7) Approximately 95 percent of all incarcer-
ated persons eventually return to society. According 
to one study, every year approximately 100,000 per-
sons infected with both HIV and HCV are released 
from correctional facilities. These individuals com-
prise approximately 50 percent of all persons with 
both infections in the United States. 
(8) According to the Centers for Disease Con-
trol and Prevention (CDC), latex condoms, when 
used consistently and correctly, are highly effective 
in preventing the transmission of HIV. Latex 
condoms also reduce the risk of other STIs. Despite 
the effectiveness of condoms in reducing the spread 
of STIs, the Bureau of Prisons does not recommend 
their use in correctional facilities. 
(9) The distribution of condoms in correctional 
facilities is currently legal in certain parts of the 
United States and the world. The States of Vermont 
and Mississippi and the District of Columbia allow 
condom distribution programs in their correctional 
facilities. The cities of New York, San Francisco, 
Los Angeles, and Philadelphia also allow condom 
distribution in their correctional facilities. However, 
these States and cities operate fewer than 1 percent 
of all correctional facilities. In one study, researchers 
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