Delaware Code Title 11 Sec. 3913 – Test results; notification to Department of Correction; counseling; …
(a) The result of any human immunodeficiency virus testing conducted pursuant to this subchapter shall only be made available by the Division of Public Health to the victim, or the parent or guardian of the victim who is a minor or has an intellectual disability or a mental incapacity, the defendant, the court issuing the order for testing, and any other person or agency pursuant to Chapters 12 and 12A of Title 16.
Terms Used In Delaware Code Title 11 Sec. 3913
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
(b) In addition, the Division of Public Health shall provide to the Department of Correction the result of any human immunodeficiency virus test conducted pursuant to this subchapter which indicates that the defendant is infected with the human immunodeficiency virus. The Department of Correction shall use this information solely for the purpose of providing medical treatment to the defendant while incarcerated in any correctional institution.
(c) If the human immunodeficiency virus test indicates the presence of human immunodeficiency virus infection, the Division of Public Health shall provide counseling to the victim and the defendant regarding human immunodeficiency virus disease, and referral for appropriate health-care and support services.
(d) The cost of testing under this subchapter shall be paid by the defendant tested, unless the court has determined that the defendant is an indigent person.
(e) Filing of a notice of appeal shall not automatically stay an order that the defendant submit to a human immunodeficiency virus test.
(f) A defendant must submit to follow-up tests for HIV as may be medically appropriate.
69 Del. Laws, c. 231, § ?1; 76 Del. Laws, c. 365, §§ ?2, 3; 78 Del. Laws, c. 224, § ?18;