Section 7512 Of Chapter 2. Procedures For Requiring Hiv Testing From California Penal Code >> Title 8. >> Part 3. >> Chapter 2.
7512
. (a) An inmate of a correctional institution may request
testing for HIV or hepatitis B or C of another inmate of that
institution if he or she has reason to believe that he or she has
come into contact with the bodily fluids of that inmate, in
situations, which may include, but are not limited to, rape or sexual
contact with a potentially infected inmate, tattoo- or drug-needle
sharing, an incident involving injury in which bodily fluids are
exchanged, or confinement with a cellmate under circumstances
involving possible mingling of bodily fluids. A request may be filed
under this section only within two calendar days of the date when the
incident causing the request occurred, except that the chief medical
officer may waive this filing period requirement when he or she
finds that good cause exists.
(b) An inmate in a Division of Juvenile Justice facility or any
county- or city-operated juvenile facility who is 15 years of age or
older may file a request for a test of another inmate in that
facility, in the same manner as an inmate in a state prison, and is
subject to the same procedures and rights. An inmate in a Division of
Juvenile Justice facility or a county- or city-operated juvenile
facility who is a minor may file a request for testing through a
staff member of the facility in which he or she is confined. A staff
member may file this request on behalf of a minor on his or her own
volition if he or she believes that a situation meeting the criteria
specified in subdivision (a) has occurred warranting the request. The
filing of a request by staff on behalf of an inmate of a Division of
Juvenile Justice facility or a local juvenile facility shall be
within two calendar days of its discovery by staff, except that the
chief medical officer may waive this filing period requirement if he
or she finds that good cause exists.
When a request is filed on behalf of a minor, the facility shall
notify the parent or guardian of the minor of the request and seek
permission from the parent or guardian for the test request to
proceed. If the parent or guardian refuses to grant permission for
the test, the Director of the Division of Juvenile Facilities may
request the juvenile court in the county in which the facility is
located, to rule on whether the test request procedure set forth in
this title shall continue. The juvenile court shall make a ruling
within five days of the case being brought before the court.
If the parent or guardian cannot be located, the superintendent of
the facility shall approve or disapprove the request for a test.
(c) Upon receipt of a request for testing as provided in this
section, a law enforcement employee shall submit the request to the
chief medical officer, the identity of which shall be determined as
if the request had been made by an employee of the facility. The
chief medical officer shall follow the procedures set forth in
Section 7511 with respect to investigating the request and reaching a
decision as to mandatory testing of the inmate who is the subject of
the request. The inmate submitting the request shall provide names
or testimony of witnesses within the limits of his or her ability to
do so. The chief medical officer shall make his or her decision based
on the criteria set forth in Section 7511. A copy of the chief
medical officer's decision shall be provided to the person submitting
the request for HIV or hepatitis B or C testing, to the subject of
the request, and to the superintendent of the correctional
institution. In the case of a minor, a copy of the decision shall be
provided to the parents or guardian of the minor, unless the parent
or guardian of the minor cannot be located.