Chapter 2.71. Aids Prevention Program In Drug Abuse And Prostitution Cases of California Penal Code >> Title 6. >> Part 2. >> Chapter 2.71.
(a) The judge shall require any person described in
subdivision (b), as a condition of either placing the person on
probation or of permitting the person to participate in a drug
diversion program to agree to participate in an AIDS education
program. Testing for AIDS antibodies shall be offered but no person
described in subdivision (b) shall be required to be tested.
(b) This section shall apply to any person who has either been
placed on probation or granted diversion for, any of the following:
(1) A violation of subdivision (a) of Section 11350 of the Health
and Safety Code, subdivision (a) of Section 11377 of the Health and
Safety Code, Section 11550 of the Health and Safety Code, Section
4143 or 4149 of the Business and Professions Code, or of subdivision
(f) of Section 647 if the offense involves intravenous use of a
(2) A violation of subdivision (a) or (b) of Section 647.
(a) The health department in each county shall select an
agency, or agencies, in the county that shall provide AIDS prevention
education to those persons sentenced to probation or a drug
diversion program in accordance with Section 1001.10. The health
department shall endeavor to select an agency, or agencies, that
currently provide AIDS prevention education programs to substance
abusers or prostitutes. If no agency is currently providing this
education, the county agency responsible for substance abuse shall
develop an AIDS prevention education program either within the agency
or under contract with a community-based, nonprofit organization in
the county. The health department shall forward to the courts a list
of agencies selected for purposes of referral in accordance with
Section 1001.10. Reimbursement for the costs of implementing this
section shall be made out of moneys deposited with the county
treasurer in accordance with Section 1463.23.
(b) An AIDS prevention education program providing services
pursuant to subdivision (a) shall, at a minimum, include details
about the transmission of human immunodeficiency virus (HIV), the
etiologic agent for AIDS, symptoms of AIDS or AIDS-related
conditions, prevention through avoidance or cleaning of needles,
sexual practices which constitute high risk, low risk, and no risk
(including abstinence), and resources for assistance if the person
decides to take a test for the etiologic agent for AIDS and receives
a positive test result. The program shall also include other relevant
medical and prevention information as it becomes available.
(c) A person sentenced to a drug diversion program pursuant to
Section 1001.10 shall not be required to participate in an AIDS
prevention education program, provided that the drug diversion
program includes an AIDS prevention education component that meets
the requirements of subdivision (b).