(a) California law permits the human immunodeficiency virus (HIV) testing of pre-convicted criminal defendants where the criminal defendant is accused of specific sex related crimes against a victim. The State of California does not have a time requirement for such testing.
(b) The United States Department of Justice (DOJ) requires grant recipients of the Office on Violence Against Women's (OVW) Grants to Encourage Arrest Policies and Enforcement of Protection Orders to administer the testing pursuant to a mandatory obligation either through state law or local Ordinance, including the condition that the collection of a blood sample occur within 48 hours of the filing of a criminal information or indictment at the request of the victim. The County is a recipient of this grant.
(c) It is the intent of the Board of Supervisors in enacting this chapter to comply with DOJ guidelines requiring the initial process for administering HIV testing occur within 48 hours of the filing of a criminal information or indictment at the request of the victim.
(d) Testing and disclosure provided in this Chapter benefits the victim of a crime by informing the victim whether the defendant is infected with the HIV virus. It is also the intent of the Board to further the purpose of mandatory HIV testing of criminal defendants to protect the health of victims of crime, those accused of committing a crime and the public at large.
(Added by Ord. No. 10123 (N.S.), effective 3-31-11)