Hawaii An adult charged or convicted of, or a juvenile charged or adjudicated of: Testing of a charged alleged sexual offender is available upon request of the victim, or the parent of a minor or incapacitated victim, subject to a demonstration of probable cause.
Testing of a convicted sexual offender is mandatory. Testing is available at the time of charging, conviction or adjudication. To require testing of a charged individual, the court must determine in camera that probable cause exists for the charge. Probable cause is demonstrated by preponderance of the evidence. All persons who are confined or imprisoned in any state prison facility, regardless of the crime, shall be tested for HIV. All persons who are confined in any county or city jail, regardless of the crime, may be tested if in the judgment of public health authorities or the jailer the person has been exposed to HIV.
Testing is mandatory for those in a state prison facility. Testing is optional if in a county or city jail and in the judgment of public health authorities or the jailer, the offender has been exposed to HIV. Testing occurs when the individual is charged, confined or imprisoned. In a state facility, testing occurs again upon the offender's request before release. At the request of the victim of a sex offense in which bodily fluid has likely been transmitted, or the parent, guardian or legal custodian of a minor victim, such test shall be administered not later than 48 hours after the date on which the information or indictment is presented.
Illinois For adults, testing shall be performed upon conviction of i exploitation of a child, ii criminal sexual assault, iii aggravated criminal sexual assault, v predatory criminal sexual assault of a child, vi criminal sexual abuse or vi aggravated criminal sexual abuse.
For juveniles, testing shall be performed upon conviction of an act that would constitute i predatory criminal sexual assault of a child, ii aggravated criminal sexual assault, iii criminal sexual assault, iv aggravated criminal sexual abuse or v criminal sexual abuse, if committed by an adult. For convicted offenders, testing is required. For convicted offenders, following conviction.
Indiana Defendants, both adults and juveniles, charged with a potentially disease transmitting offense, defendants charged with an offense involving the transmission of bodily fluid, and persons convicted of an offense relating to a criminal sexual act where the offense created an epidemiologically demonstrated risk of transmission of HIV. If an indictment or information charges that the defendant compelled another person to engage in sexual activity by force or threat of force.
Following conviction for those convicted of an offense relating to a criminal sexual act where the offense created an epidemiologically demonstrated risk of transmission of HIV. If a person is an alleged offender, a search warrant shall be applied for. Testing is available at the request of the victim upon court order.
Testing for alleged offenders and those convicted or adjudicated delinquent occurs following a hearing as described below. Kansas A person arrested and charged with a crime in which it appears from the nature of the charge that the transmission of body fluids from one person to another may have been involved. A person convicted of a crime that involved or was likely to have involved transmission of body fluids from one person to another or involved a sexual act. For purposes of this definition contact involving the penis occurs upon penetration, however slight.
Applies to both adult and juvenile offenders. Testing is available when an alleged offender is arrested or charged and also after conviction. A defendant who is convicted of an offense which has sexual intercourse or deviate sexual intercourse as an element, or has sexual contact as an element when the circumstances of the case demonstrate a possibility of transmission of HIV.
Applies to adult and juvenile offenders. For charged defendants, the judge must inform the defendant of the availability of testing at the initial court appearance. For convicted offenders, testing occurs upon sentencing. Applies to both adult and juvenile defendants.
For charged persons, testing is required if the victim requests it. Testing occurs upon conviction. For those charged, available upon court order after a finding of probable cause at the written request of the victim. Victim or victim's representative must request testing in writing to the State's Attorney in the county where the prohibited exposure occurred. For those convicted, available upon court order at the request of the victim. The court must rule within 3 days of the conclusion of the hearing.
The person must have been charged within 1 year after the prohibited exposure occurred and the court must find probable cause to believe that a prohibited exposure occurred.
Both the victim and the accused may appear at the hearing. On receipt of the court order, the local health officer shall collect the blood sample within 7 days from the person charged with, convicted of, or found to have committed, a prohibited exposure. Please see "Anything else I should know? Adults convicted of or juveniles adjudicated delinquent for criminal sexual conduct in the first, second, third, or fourth degree, or any other violent crime, if: Available upon request of the victim.
Any juvenile who is adjudicated a delinquent on or after July 1, , as a result of committing a sex offense or any offense involving the crime of rape and placed in the custody of the Mississippi Department of Human Services, shall be tested for HIV and AIDS. All convicted individuals who are delivered to the Department of Corrections prior to incarceration and all individuals who are released or discharged from any correctional facility operated by the Department of Corrections, before such individuals are released or discharged.
Available upon indictment upon filing of a motion by the prosecuting or circuit attorney; required upon conviction prior to incarceration. Prior to incarceration and before release or discharge from the Department of Corrections. Available at the request of the victim or the parent or guardian of the victim, if the victim is a minor. Following entry of judgment.
Convicted shall include adjudicated under juvenile proceedings. Available at the request of the victim.
After conviction filing notice of appeal does not stay the testing requirement. As soon as practicable after the arrest of the person alleged to have committed the crime, but not later than 48 hours after the person is charged with the crime by indictment or information or, if the person alleged to have committed the crime is a juvenile, not later than 48 hours after the petition is filed with the juvenile court alleging that the child is delinquent for committing such an act.
Individuals convicted of sexual assault and related offenses, including persons convicted under juvenile proceedings.