76-5-502 - Mandatory testing -- Liability for costs.
76-5-502. Mandatory testing -- Liability for costs.
(1) (a) A person who has entered a plea of guilty, a plea of no contest, a plea of guiltyand mentally ill, a plea of not guilty by reason of insanity or been found guilty for violation of asexual offense or an attempted sexual offense under Title 76, Chapter 5, Part 4, or a juvenile whois adjudicated to have violated or attempted to violate state law prohibiting a sexual offense underTitle 76, Chapter 5, Part 4, shall be required to submit to a mandatory test upon the request of avictim or the parent or legal guardian of the minor victim or victim of a sexual offense within sixmonths of conviction to determine if the offender is an HIV positive individual.
(b) The court shall order the convicted sexual offender to submit to the test uponsentencing or as a condition of probation. The order to the convicted sexual offender shall notinclude the identity and address of the victim requesting the test. The court shall forward theorder to the Department of Health, including separate information about the victim's identity andaddress for notification and counseling purposes.
(2) If the mandatory test has not been conducted, and the convicted offender oradjudicated juvenile is already confined in a county jail, state prison, or a secure youthcorrections facility, the person shall be tested while in confinement.
(3) The secure youth corrections facility or county jail shall cause the blood specimen ofthe offender as defined in Subsection (1) confined in that facility to be taken and shall forward thespecimen to the Department of Health.
(4) The Department of Corrections shall cause the blood specimen of the offenderdefined in Subsection (1) confined in any state prison to be taken and shall forward the specimento the Department of Health as provided in Section 64-13-36.
(5) The person tested shall be responsible for the costs of testing, unless the person isindigent. The costs will then be paid by the Department of Health from the General Fund.
Enacted by Chapter 40, 1993 General Session