AB 750

Under current law, a court may order a person to undergo testing to detect the

presence of human immunodeficiency virus (HIV) and sexually transmitted diseases

if the person is: 1) an adult charged with or convicted of sexual assault, sexual

assault or sexual exploitation of a child, incest with a child, or, if the person works

at a school, sexual assault of a student; or 2) a child alleged to have committed sexual

assault, sexual assault or sexual exploitation of a child, or incest with a child.

Current law also permits a court to order a person who is confined in a state prison

or any other state, county, or municipal detention facility to be tested for the presence

of communicable diseases if he or she assaults another prisoner or detainee or an

officer, employee, or visitor at that facility by throwing or expelling blood, semen,

vomit, saliva, urine, feces, or any other bodily substance at or toward the other

person.

Under this bill, a person who is confined in a state prison will be required to be

tested for the presence of HIV and sexually transmitted diseases before being

released. If the person has reached the end of his or her sentence, the Department

of Corrections (DOC) will provide one mandatory test and the results before

releasing him or her and then will offer one test between six and seven months after

his or her release. If the person is being released to extended supervision or parole,

DOC will provide two tests. Each individual will be tested the first time and the

results will be provided before being released to extended supervision or on parole.

Then, as a condition of extended supervision or parole, the individual will be tested

again generally between six and seven months after release from prison. The results

of any test will be provided only to the person being released and to his or her spouse.

DOC will also offer counseling and education to the individual who was tested or to

his or her spouse.