Chapter 3. Notification Requirement of California Penal Code >> Title 8. >> Part 3. >> Chapter 3.
(a) Upon the release of an inmate from a correctional
institution, a medical representative of the institution shall notify
the inmate's parole or probation officer, where it is the case, that
the inmate has tested positive for infection with HIV, or has been
diagnosed as having AIDS or hepatitis B and C. The representative of
the correctional institution shall obtain the latest available
medical information concerning any precautions which should be taken
under the circumstances, and shall convey that information to the
parole or probation officer.
(b) When a parole or probation officer learns from responsible
medical authorities that a person on parole, probation, mandatory
supervision pursuant to paragraph (5) of subdivision (h) of Section
1170, or postrelease community supervision under his or her
jurisdiction has AIDS or has tested positive for HIV infection, or
hepatitis B or C, the parole or probation officer shall be
responsible for ensuring that the parolee or probationer contacts the
county health department in order to be, or through his or her own
physician and surgeon is, made aware of counseling and treatment for
AIDS or hepatitis B or C, as appropriate commensurate with that
available to the general population of that county.
(a) When a parole or probation officer learns from
responsible medical authorities that a supervised person in his or
her custody has any of the conditions listed in Section 7520, but
that the supervised person has not properly informed his or her
spouse, the officer may ensure that this information is relayed to
the spouse only through either the chief medical officer of the
institution from which the person was released or the physician and
surgeon treating the spouse or the supervised person. The parole or
probation officer shall seek to ensure that proper counseling
accompanies release of this information to the spouse, through the
person providing the information to the inmate's spouse.
(b) If a parole or probation officer has received information from
appropriate medical authorities that one of his or her supervised
persons is HIV infected or has AIDS or hepatitis B or C, and the
supervised person has a record of assault on a peace officer, and the
officer seeks the aid of local law enforcement officers to apprehend
or take into custody the supervised person, he or she shall inform
the officers assisting him or her in apprehending or taking into
custody the supervised person, of the person's condition, to aid them
in protecting themselves from contracting AIDS or hepatitis B or C.
(c) Local law enforcement officers receiving information pursuant
to this subdivision shall maintain confidentiality of information
received pursuant to subdivision (b). Willful use or disclosure of
this information is a misdemeanor. Parole or probation officers who
willfully or negligently disclose information about AIDS or hepatitis
B or C infection, other than as prescribed under this title or any
other provision of law, shall also be guilty of a misdemeanor.
(d) For purposes of this section, "supervised person" means a
person on parole, probation, mandatory supervision pursuant to
paragraph (5) of subdivision (h) of Section 1170, or postrelease
(a) Supervisory and medical personnel in correctional
institutions shall notify all law enforcement employees when those
employees have had direct contact with the bodily fluids of inmates
or persons charged or in custody who either have tested positive for
infection with HIV, or been diagnosed as having AIDS or hepatitis B
(b) Supervisory and medical personnel at correctional institutions
shall provide to employees covered by this section the latest
medical information regarding precautions to be taken under the
circumstances, and shall furnish proper protective clothing and other
necessary protective devices or equipment, and instruct staff on the
applicability of this title.
(c) The law enforcement employee who reported an incident pursuant
to Section 7510 shall be notified of the results of any test
administered to any person as a result of the reporting.
Information obtained by a law enforcement employee pursuant
to this chapter shall be confidential, and shall not be disclosed
except as specifically authorized by this chapter. Information
obtained by a member of a panel pursuant to Section 7515 or 7516
shall not be disclosed except as authorized by this title.