2022 Delaware Code
Title 11 - Crimes and Criminal Procedure
Chapter 39. SENTENCE, JUDGMENT, EXECUTION AND MANDATORY TESTING
Subchapter II. Voluntary and Mandatory Testing of Offenders Charged with Certain Sex Crimes
§ 3913. Test results; notification to Department of Correction; counseling; cost; notice of appeal not to automatically stay order for HIV testing.

(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.

(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.