HomeMy WebLinkAboutMINUTES - 04181989 - IO.11 O: Board of Supervisors
FROM: INTERNAL OPERATIONS COMMITTEE `. ".
DATE: April 10, 1989
SUBJECT: STATUS REPORT ON THE THREE-YEAR AIDS RESPONSE PLAN AND
THE MANDATORY TESTING FOR THE PRESENCE OF THE AIDS VIRUS.
Specific Request(s) or Recommendations(s) & Background & Justification
RECOMMENDATION
1. Acknowledge receipt of this report of our Committee, to which are attached reports from the Health Services
Director and the District Attorney on the subject of the mandatory testing of certain individuals for the AIDS
virus.
2. Request the Sheriff-Coroner to consider requesting additional training for his staff from the Health Services
Department on the transmission of the AIDS virus.
3. Request the District Attorney, Sheriff-Coroner, County Probation Officer and Health Services Director to
identify any legal problems which come to their attention in attempting to implement Proposition 96 or SB 2643
(Chapter 1088, Statutes of 1988) and bring those problems to the attention of our Committee so the Board of
Supervisors can consider supporting or sponsoring legislative solutions to such legal problems.
4. Leave this matter on referral to our Committee for oversight in connection with our periodic review and updating
of the three-year AIDS Response Plan.
BACKGROUND:
On March 21, 1989 the Board of Supervisors adopted a report from our Committee on this subject. In that report
the Health Services Director was asked to determine what more could be done in the way of culturally appropriate
education for those in the community who are intravenous drug users. In addition,the Health Services Director was
asked to determine whether it is feasible to utilize members of the homeless community to assist in community
education regarding the problem of AIDS. The Health Services Director was also asked to determine the cost of
providing more AIDS testing on a mandatory basis to individuals who are convicted of specified sex and drug
offenses. Finally, the District Attorney and County Probation Officer were asked to meet with our Committee to
discuss the extent to which such mandatory testing can be implemented.
CONTINUED ON ATTACHMENT: YES SIGNATURE:
Rec tdati of county Administrator Recommendation of Board Committee
An ove Other:
Signature(s): TOM POWERS NNE WRIGHT McPEAK
Action of Boar on: Aril 18. 1989 Approved as Recommended X Other
Vote of Supervisors
I HEREBY CERTIFY THAT THIS IS A TRUE AND
X Unanimous(Absent I I ) CORRECT COPY OF AN ACTION TAKEN AND
Ayes: Noes: ENTERED ON HE MINUTES OF THE BOARD
Absent: Abstain: OF SUPERVISORS ON DATE SHOWN.
cc: County Administrator ATTESTED /989
County Counsel PHIL BAT ELOR,CLERK OF THE BOARD
District Attorney SUPERVISORS AND COUNTY ADMINISTRATOR
Sheriff-Coroner
County Probation Officer
Health Services Director BY: ,Deputy Clerk
Pat Sepulveda,Deputy District Attorney
Wendel Brunner,M.D.,Public Health Director
i
On April 10, 1989 our Committee met with Wendel Brunner,M.D.,Director of Public Health,Francine Wise from
Public Health,Pat Sepulveda, Deputy District Attorney and Jerry Buck, County Probation Officer to discuss this
subject.
Our Committee reviewed the two attached reports,one from the Health Services Director responding to the question
we had raised with him and the other from the District Attorney. All of the affected County Departments are currently
working together very closely to implement Proposition 96,which was approved by the voters in November, 1988
and SB 2643(Chapter 1088,Statutes of 1988)both of which involve circumstances under which mandatory testing
of individuals can be undertaken in specified situations.
Because Proposition 96 and SB 2643 conflict in several respects and because whole new procedures and forms must
be devised it is taking time to implement the new statutes. Such procedures and forms have been devised and work
is going forward to implement the laws. Staff from the affected departments anticipate continuing legal questions
and possibly the need for clarifying statutes to be enacted.
Health Services reports that they are currently doing about 700 voluntary AIDS tests a month. A total of 9000 such
tests,which include pre-test and post-test counseling, have been done since the beginning of the program. Health
Services can only estimate the cost of doing mandatory testing as provided for in the new laws noted above. These
estimates are outlined in Mr. Finucane's report. No funding is currently available for these mandatory tests.
The report from the Health Services Director also outlines efforts which are being made in terms of working with
the residents in homeless shelters,establishing a peer education program,and working with intravenous drug users.
Health Services also noted to our Committee the tremendous cooperation which has been shown by Jerry Buck in
insisting on training on AIDS for his employees. More training is needed with the Sheriff-Coroner's staff and we
are encouraging the Sheriff to contact Health Services about such training.
Mr. Buck clarified that it is the policy of the Probation Department to make all minors who are confined in their
facilities aware of the availability of information on family planning and how to prevent the transmission of the AIDS
virus. Additional information is provided on these subjects to any minor who requests such information,although
the information is not routinely given to the minors unless they do, in fact, request the'information.
The whole subject of the involuntary testing for the presence of the AIDS virus is one which is new but is going to
consume a growing portion of the County's resources in the future. Because of this fact,our Committee wants to
continue to monitor this subject and we will make further status reports to the Board of Supervisors as events dictate.
Contra
The Board of Supervisors Costa Health Services Department
Tom Powers,1st District
R�Fohdon,2nd
Schroder, Cointy
noa.rtt OFFICE OF THE DIRECTOR
Sunny Wri19M MCPaak,4th District ,.,;•' 't-,_
Tom Tortaksoil,Sth District Mark FitiRlG3riQ,Director
Administrative Offices
ioAue"street
County Administrator '= _
Martinez.California 94553
ph11 Batchelor (415)646-4416
r' ;yfi
County Administrator
April S, 1989
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To: Board of Supervisors
Internal operations Committee
From: Mark Finucane
Health Services Director
by Wendel Brunner, M.D.
Public Health Director
Subject: Mandatory HIV Testing
Prevention Education to Homeless Persons and Intravenous Drug
Users
I
1. Mandatory HIV Testing
Currently, the ,Department of Health Services offers voluntary Human
Immunodeficiency Virus (HIV) testing for three purposes:
o Screening of high risk individuals at Alternative Test Sites,
sexually transmitted disease clinics and prenatal clinics;
o Diagnosis and treatment at Merrithew Memorial Hospital and
clinics; and
o Surveillance as part of the CDC-funded seroprevalence study to
estimate the rate of HIV infection among certain populations.
Four recent pieces of legislation, three passed by the State
legislature and one passed by the electorate as Proposition 96,
have established non-voluntary (mandatory) testing for the first
time in California. Three of the four laws prescribe a process by
which a victim potentially exposed to HIV may request that the
individual who may have exposed them be tested. Under these three
laws then, counseling would be required for both the victim and the
defendant or minor charged with a crime.
The District Attorney plans to refer all potential victims to
the Public Health Division for counseling before legal proceedings
are initiated (pre-request counseling) .
Y
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Internal Operations Committee
April 5, 1989 Page 2
Costs for this kind of mandatory testing would be as follows:
Counseling for victim (pre-request) $11.08
Counseling for defendant/minor (pretest) 11.00
Cost of counseling victim (post-test) 11.00
Cost of counseling defendant/minor
(post-test) 11.00
Laboratory costs of HIV l test 11.00
Possible locating costs2 3.00
Administrative costs at 25% 14.00
$72.00 per test
It is impossible at this time to estimate the number of persons
who will exercise their right to request mandatory testing. The
proactive position being taken by the District Attorney's office
in sending letters notifying all victims of certain alleged crimes
of their right to request testing will certainly create a higher
demand than might have occurred naturally. After several months of
testing, we will be able to project costs based on numbers of tests
actually administered.
The fourth law does not involve victims and further differs
from the other three in that it requires the court to order HIV
testing on persons convicted of specified crimes: prostitution,
rape, forcible rape, spousal rape, sodomy and oral copulation. This
law, unlike the others, requires that the result of the test be
provided to the court and can be used, in future prosecutions of
that defendant, as evidence.
Costs for this kind if testing may be as follows:
Contract nurses $55.00
Pre-test counseling 11.00
Post-test counseling 11.00
Laboratory cost/test 11.00
Possible location costsl 2 3.00
Administrative/clerical at 25% 23.00 j
$114.00 per test
The Office of the District Attorney was unable to provide the
Health Department with statistics on the number of convictions in
the past year of the specified crimes. We were, however, ,'able to
draw from the "1987 Criminal Justice Profile for Contra Costa
County" published by the Department of Justice that there were 113
arrests for prostitution in 1987. If half of those resulted in
conviction, then 56 tests would be required for that crime alone.
The same source listed 15 convictions in Contra Costa County for
forcible rape. We have no statistics on rape, spousal rape, sodomy
or oral copulation.
r
t
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Internal Operations Committee
April 5, 1989 ;Page 3
Understanding that any estimate of total cost is, at this time,
highly unpredictable, we can guess at a range of cost. If half the
tests are requested by victims and half required for the court to
order, and there are 20-40 tests per month, the cost range will be
$1834 to $3668 per month or $22,000 to $44,000 per year. Costs of
mandatory testing translate into positions as follows:
1 .5 FTE Clerk - Medical Detention Facility
1 .5 FTE Clerk - AIDS Program
1 .5 FTE HIV counselor
1 Phlebotomist (5 hours/week)
1 .25 FTE Program Specialist (AIDS Program)
i
Footnotes
1 If persons receive a positive test result and fail to return for an
appointment, a trained employee will need to locate that person. If
three person days are spent in that effort, the cost will be ($12/hour x
24 hours) $288.00. If location is required on one person in 100, the
cost per test of locating will be $2.88.
2 In advance of any mandatory testing being ordered in Contra Costa
County, many hours of administrative time continue to be spent. One AIDS
Program staff member is now spending approximately half time on this
testing. The Director of Communicable Disease Control and the Nursing
Manager at the Main Detention Facility are also working on these issues
several hours per week.
3 Blood Alcohol, Determinant nurses may be used for testing under this
statute because testimony in court that blood was drawn may be necessary.
Neither the medical unit at the Detention Facility nor the AIDS Program
is..adequateiy staffed to absorb the cost of court-time.
i
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Internal operations committee
April 5, 1989 Page 4
2. Current activities targeting homeless shelters:
i
o Three community health outreach workers employed by the AIDS
Program target shelters with AIDS information and education on
a regular basis.
o In addition, these outreach workers coordinate activities with
communicable disease technicians in the tuberculosis and
sexually transmitted disease programs.
o "Lifesaver" kits containing bleach, condoms, referral numbers,
and information on AIDS testing are available at the shelters.
o The AIDS health educator from Martin Luther King Jr. Family
Health Center also works with the health care for the homeless
program to target persons in shelters.
considerations in establishing a peer education program:
o Many persons in the shelter who have been reached by existing
outreach efforts now take educational materials and distribute
them to other individuals in the community who are at risk.
o The establishment of a peer education program to train
individuals as informal outreach educators and to provide a
stipend for the distribution of materials would require AIDS
Program staff time, coordination and resources above the
actual cost of the stipend. Because of the instability of
this population generally, training peer educators would be
especially time-consuming.
The Health Services Director recommends further study on this idea
to determine feasibility and cost-effectiveness.
3. Current AIDS Program prevention education to intravenous drug users
o The three AIDS Program community health outreach workers are
members of ethnic minorities who have personal experience with
chemical dependency and extensive knowledge of Contra Costa
County's drug problems.
o The outreach workers distribute materials geared to .low
literacy level in several languages.
o Videotapes are frequently employed in educational
presentations to clients of detox centers, recovery programs,
methadone clinics, inmates, and probation department clients.
Three of these videotapes show former drug users who have
contracted AIDS and deliver powerful prevention messages to
intravenous drug users.
internal operations Committee
April 5, 1989 Page 5
o The AIDS Program outreach workers continue to attend
conferences, workshops, and inservices to increase their
abilities to provide prevention education to intravenous drug
users, their partners, and other persons at high risk through
chemical dependency.
o The AIDS Program also employs a bilingual female outreach
worker to target women whose behaviors indicate increased risk
for HIV transmission through drug/alcohol use and sexual
transmission.
o In addition to street outreach, the AIDS Program continues to
work cooperatively with other programs, including drug and
alcohol programs, to train staff throughout the Health
Services Department on issues regarding AIDS and chemical
dependency.
o Training is also targeted to other county agencies, including
Probation and Social Services, and community based
organizations which serve populations at increased risk of HIV
transmission.
o "Lifesaver" kits and materials targeted to IV drug users are
available from the AIDS Program for distribution by other
agencies and organizations to their clients.
As increased funding becomes available, the Health Services
Department will continue to intensify its own efforts, and will
support community-based agencies who attempt to educate IV drug
users and their partners throughout Contra Costa County.
iando.doc
Uff T. Ulm
District Attorney
OFFICE OF THE
DISTRICT ATTORNEY
TO: All Branch Deputies
FROM: GARY T. YANCEY, District Attorney
DATE: January 4, 1989
SUBJECT: NEW AIDS TESTING LAWS
-----------------------------------------------------------
There are several different new laws now in effect
regarding the testing of a defendant' s blood for the AIDS
virus. A brief summary of the provisions of those new laws
which have an impact on our office follows. Complete texts
of the laws may be obtained from Pat Sepulveda in the
Martinez office. Attached are copies of proposed forms and
court orders to implement these laws. Although the primary
burden for implementing these laws will fall on the Sexual
Assault Unit, the Juvenile Division and both branches will
also have a role to play in notifying victims of their
rights under these provisions and in seeking the appropriate
court orders.
Separate notification regarding these laws will be
going out to all Judges and police/fire agencies. Copies of
the relevant forms will be sent as well, for their
information. Pat Sepulveda has been meeting with
local agencies over the last several weeks to work
out the details of implementing these complicated laws.
Input from the Health Department, the Jail, the Crime Lab,
Probation, the Court Administrator's Office and Juvenile
Hall, among other agencies, was obtained.
Two new laws are now in effect regarding the ability of
a crime victim to obtain a court order mandating that a
defendant have his blood tested for the presence of the AIDS
virus: Proposition 96 (Health and Safety Code sections
199. 95 and 199.99, effective November 9, 1988) and Chapter
1088 Stats. of 1989, Senate Bill 2643 - Hart, Penal Code
section 1524.1, effective January 1, 1989) . These two laws
conflict i-arseveral areas, and where they do conflict Prop.
96 controls. A comparative summary of each law follows:
Prop. 96 Ch. 1088
(H&S section 199.95/199.99) Stats 1988
(P.C. section 1524i.1)
Effective date: 11-09-88 01-01-89
Offenses Applicable To: Specifically Probably the same (". . .when
made applicable to all a Defendant has been
pending cases (not just charged. . .")
new filings)
Crimes �Applicable To: PC 261 (F) Rape, Any crime (F/M)
PC 261.5 (F/M) Forcible
**Also Rape, PC 262 (F/M) Spousal
applies to Rape, PC 266(b) (F)Abduction
crimes For Illicit Relationship,
against PC 266c (F/M) Sex Crime by
peace False Representation,
officers PC 286 (F/M) Sodomy,
(see p- 3) PC 288 (F) Lewd Conduct,
, PC 288a (F/M) Oral Copulation
How Request: Petition Search Warrant
Who Requests: Victim or Same
D.A. at victim's
request (D.A. by office
policy)
What Can Victim
Request: Order to have HIV test only (as defined
Defendant's blood tested in section 26 of Health and
for AIDS virus or AIDS- Safety Code)
related conditions or
communicable diseases
Which Defendants
Applies To: All adults or All defendants or juveniles
juveniles charged charged with a crime.
with listed crimes
What Finding By
Court Required: PC To believe PC to believeblood, semen
any body fluid transferred or any other body fluid
from Defendant/M to victim identified by'the State
(blood, saliva, semen or Department of Health
any other) Services regulations as
I'M" refers to Minor. capable of transmitting HIV
(no such regulations exist
to date) has been
transferred from
Defendant/M to victim.
What Court Orders: Court shall Court may issue a search
order Defendant/M to warrant for the purpose of
provide blood for testing testing the Defendant's/M's
blood (we have prepared
order for Defendant/M to
give blood as well)
When Happens: Anytime after Only after P.X./HTA (or
filing - Court shall court makes PC finding re:
"promptly" conduct hearing belief Defendant committed
on the petition crime if case where no P.X.
held, i.e. , misd. or
juvenile case) and after
hearing re: issuance of
search warrant.
Who at Hearing: Not Specified V/Defendant have right to
Notify victim per office be there i
policy
What Admissible: Unclear/not only affidaVits/counter
specified. By office affidavits and medical
policy, file affidavit reports (S.W. affidavit
incorporating police incorporates police
reports/medical reports reports, etc. )
with petition and attempt
to rely upon them
Assaults on Peace
Officers: only covered if All charged crimes covered
charged specifically with if peace officer is victim
interfering with official (F/M) and blood or semen
duties has been transmitted from
Defendant/M to victim
3
Who Requests: Peace officer or D.A. or victim (D.A. by
his agency (D.A. cannot) office policy)
What Defendant/M's
Blood Tested for: AIDS or other HIV only
communicable diseases
Special Duties of
D.A. : None, but will Advise victim of Right to
by office policy inform Request S.W. and refer
-victim of Right to victim to local health
Request petition officer for pre-request
counseling, per statute.
Can Prosecution Use
Test Results: No No
in addition to the two new laws effecting the victim' s
right to petition for AIDS testing of the Defendant/M' s
blood, a new law effective January 1, 1989, also mandates
court-ordered testing of certain defendants' blood for the
presence of the AIDS virus post-conviction and provides
certain enhanced penalties for committing specified crimes
with knowledge that one has AIDS. (Ch. 1597 Stats. 1988,
S.B. 1007-Doolittle, Penal Code section 6476, 1202.1, 1202.6
and 12022.85) . A summary of this new law follows:
PC SECTION 12022.85
1. Applies To: Anyone convicted of 261, 261.5, 262, 286, 288a
2. Effect: Adds three year enhancement for each such
violation under following conditions:
3. Requirements: If Defendant commits above crime with knowledge
that he/she has AIDS or carries HIV at time of
commission. D.A. may use test results under
1202.1(c) or 1202.6(g).
4
PC SECTION 1202.1
1. Applies To: Anyone convicted of 261, 261.5, 262, 286, 288a
2. Effect: Court shall order anyone convicted of above
crimes (no matter what other sentence is
imposed) to submit to blood test for evidence
of AIDS. Each person tested shall be informed
of results.
*Court clerk must transmit results to DOJ; DOJ
must make available to D.A. for alleging
12022.85 enhancement or 647b as felony,
pursuant to P.C. sec. 647f, as well
as to Defendant.
PC SECTION 1202.6
1. Applies To: Persons convicted of 647(b) (Prostitution)
2. Effect: Before sentencing or as a condition of
probation, the court shall, upon first
conviction, order Defendant to undergo
instruction regarding AIDS and to submit to
testing for AIDS.
Prior to sentencing, court shall, upon second
or subsequent conviction, order Defendant to
submit to AIDS testing.
3. Requirements: Probation, along with County Health, shall
establish procedures for testing Defendants.
Probation shall send copy to court, County
Health, State Department of Health Services.
*Court shall furnish Defendant with copy and
direct clerk to note receipt of ,report by
Defendant in the records of theicase.
*Very important if we are to be able to effectively use positive test
results to enhance penalties. Should use same procedure under Penal
Code section 1202.1.
5
PENAL CODE SECTION 647F
1. Applies To: Violation of 647(b) with prior 647(b) or prior
261, 261.5, 262, 286, 288a and prior blood test
pursuant to Penal Code section 1202.1 with
positive results for AIDS and Defendant so
informed.
2. Effect: Elevates 647(b) to a felony.
3. Requirements: Plead and prove prior conviction and positive
test results/fact Defendant informed.
With regard to Prop. 96 and Ch. 1088 requests, the
following office policy is being adopted:
1. Victim notices (see attached example) shall be
sent to all victims of cases pending wherein violations of
Penal Code section 261, 261.5, 262, 266b, 2666, 286, 288 or
288a are charged. Pending cases will be screened by the
assigned attorney in the Sexual Assault Unit at the next
court appearance on each case. The fact that the case has
been screened and whether or not notice sent will be noted
on the brown sheet in the Department 2 (purple) file and
will be dated and initialed by the deputy. ch. , 1088 cases
will be screened in the same manner in the Sexual Assault
Unit and notices sent in those cases where a transfer of
bodily fluids may have taken place, by the guidelines given
us by the Health Department (see training memo regarding
these guidelines, also attached) .
2. Victim notices will be sent to victims, at the
time of filing in all future cases wherein violations of
Penal Code sections 261, 261. 5, 262, 266b, 2666, 286, 288 or
288a are charged. Responsibility for assuring that this
notice is sent lies with the filing deputy, who will check
the appropriate box on the pink filing summary., Ch. 1088
cases will be screened in a similar fashion by the filing
deputy for new cases.
3. Victim notices will be sent to all peace officers
who are victims 'in pending cases wherein it is specifically
alleged that the Defendant interfered with his official
duties. The Peace officer's Petition form will be initially
supplied -:75 --a7.l-police agencies, fire departments, etc. with
the informational memo sent out by this office. Copies of
this peace officer petition will be kept in the branch
offices in case an officer does request one in the future.
These pending cases will be screened by the attorney making
the next court appearance. The fact that the case has been
screened and whether or not a notice was sent out will be
entered in the case progress sheet with the deputy's
initials and the date.
6
4. Victim notices will be sent to all peace officers
who are victims at the time of filing wherein it is
specifically alleged that the Defendant interfered with his
official duties. The branch offices should develop
procedures for making sure this screening process takes
place at the time of felony/misdemeanor filing and is noted
on the appropriate form.
5. In all other pending cases wherein a transfer of
body fluid may have taken place, victim notices shall be
sent to all victims, including peace officers in cases where
it is not alleged that the defendant interfered with the
officer' s duties. Only those cases wherein a transfer of
body fluid seems likely by the charges themselves (i.e.
assault or battery charges, 647.6, 647(b) ) will be screened
out for sending victim notices, due to sheer volume of
pending cases. These cases will be screened by the deputy
making the next court appearance and the fact that the
screening took place and the results should be noted in the
case progress record.
6. In all other cases, at the time of filing, the
filing deputy will determine, based on the individual facts
in each case, where a transfer of body fluids may have taken
place. If he/she determines that such a transfer may have
taken place, a victim notice will be sent. The guidelines
given to us by the Health Department should be used in
making this determination. The branch offices should set up
procedures to assure that this screening process takes place
at the misdemeanor/felony filing stage and that; it is
appropriately noted in the case file.
Procedures for implementing these policies;1must be
worked out in each branch office and in the Juvenile
Division as soon as possible. Pat Sepulveda will be
scheduling training sessions in each office in the near
future to go over the laws, procedures and the Health
Department's guidelines regarding the transference of the
AID's virus (and other sexually transmitted diseases) .
Questions in this area should be directed to Pat in the
Sexual Assault Unit at 4626.
7
office of District Attorney Contra olstnct
Gary T.Yancey
F H+-_se Fowr;h Boor
Costa
PO Sox 670
",/tme2. Ga;.}ornFa 44553-0150 County �
c»6-4500
People V.
D.A. Number
NOTICE TO VICTIM
REQUEST FOR COURT TO ORDER DEFENDANT TO SUBMIT TO AIDS TESTING
As the victim in the above-entitled criminal case, you may be entitled to
request that the court order the defendant to submit a sample of his blood for
AIDS testing, and for testing for other communicable diseases under certain
circumstances. Prior to deciding whether you wish to make such a request of
the court, please contact the Public Health Division of the Health Department
at 646-1240, between 3 p.m. and 5 p.m. , Monday through Friday. The Public
Health Division has indicated the following regarding the transfer of AIDS and
other communicable diseases:
The Centers for Disease Control (C.D.C.) has defined the following fluids
as potentially infectious for HIV (the AIDS virus), HBV (the. hepatitis B
virus), and syphillis: blood, semen, and vaginal secretions. The Surgeon
General of the United States indicates that there is no evidence that the HIV
virus is spread by tears, saliva, sweat, urine or feces. If, during the
commission of the above-referenced crime, you have come into contact with
blood, semen or vaginal secretions and are concerned about AIDS, hepatitis B
or syphillis, the Health Department recommends that you come in and have your
blood tested. If you have questions about testing your blood or the
defendant's blood, or regarding your risk of exposure, call the Public Health
Division at 646-1240, during the hours listed above.
After you have discussed these issues with the Health Department, they will
refer you to our department if you decide to make a request to the court to
have the defendant's blood tested. We will then review your case file and
discuss the matter with you. Please keep this letter so that you will have the
case information appearing above so that we can easily find your file.
(Prosecutor' s Petition)
(Name and number of case)
(Name and' address of court)
PETITION FOR ORDER TO TEST ACCUSED' S BLOOD
(Health & Safety Code, Section 199.96)
(PROPOSITION 96)
To the Clerk of the court:
I declare under penalty of perjury that the following is accurate and
true to the best of my knowledge and belief:
1. My name is
(Print or type name)
2. 1 am the prosecuting attorney in the above identified case.
3. 1 am informed by the victim,
(Identify victim) that during the commission of the
(Identify the crime) there was a
possible transfer of - (Identify the
bodily fluid) between the accused and the victim.
4. Briefly, the possible transfer of bodily fluid took place as the
result of one or more of the following acts: (Please check (X) one
or more. )
Sexual intercourse;
Anal intercourse;
Oral sex;
Assault or battery;
Other (please describe)
5. Incorporated by reference as though set forth herewordfor word
are the following attachments:
Police reports and records; documents, exhibits and
photographs;
Medical Reports;
Written Narrative
6. On the basis of these facts and pursuant to Health and Safety Code
section 199.96, 1 request that this Court grant the petition for an
order to test the accused's blood for the human immunodeficiency
virus (HIV) and such other communicable diseases as the Court deems
appropriate.
(Date) (Prosecutor's signature)
CHAPTER 1088 ORDER
(Name and number of case)
(Name and address of court)
ORDER TO DEFENDANT REGARDING TESTING OF HIS
BLOOD PURSUANT TO PENAL CODE SECTION 1524. 1
Probable cause appearing that a transfer of blood, semen, or
other bodily fluid identified in State Department of Health
Services regulations as capable of transmitting the AIDS
virus has been transferred from the accused to the victim,
this Court grants the request for a search warrant, pursuant
to section 1524.1,, to test the accused's blood for the AIDS
virus and orders the accused, I
to provide the local health officer with the necessary blood
specimens to test for the AIDS virus within seven days of
the issuance of this order.
(Date) (Judge' s Signature)
Judge of the Court—
PROPOSITION 96 ORDER
(Name and number of case)
(Name and address of court)
ORDER TO TEST ACCUSED' S BLOOD
(Health & Safety Code sections 199. 96, 199- 97, and 199.98)
Probable cause appearing that a possible transfer of blood, saliva,
semen or other bodily fluid took place as alleged in the petition, this
Court orders:
1. The defendant, to provide the local
health officer with two specimens of blood, pursuant to section
199.98, to test for the AIDS virus and
(Identify any of the communicable disease tests sought, like
syphilis, hepatitis, etc. )
2. Orders the local health officer to test for the AIDS virus and any
other above-specified communicable disease, as prov i ided in section
199.98, and
3. Further orders the local health officer to send results of the the
test to:
a. the defendant or minor;
b. the petitioner;
C. the victim if the prosecutor is the petitioner;
d. the officer in charge of the facility and chief medical
officer if the defendant or minor is detained; and
e. the employing agency, officer or entity if Petitioner is a
public officer.
4. If the results of the test indicate infection with the AIDS virus
or other communicable disease, the results shall be transmitted to
the State Department of Health.
IT IS SO ORDERED.
(Date) (Judge's Signature)
Judge of the Court
4
VICTIM'S REQUEST TO DISTRICT ATTORNEY
FOR AIDS TESTING OF DEFENDANT'S BLOOD
(Defendant's Full Name)
(Case Number)
(Name, current address & phone (Assigned Deputy District Attorney)
number of victim PLEASE PRINT)
TO THE OFFICE OF THE DISTRICT ATTORNEY:
As the victim in the above entitled case, I hereby request the District
Attorney's Office to request the court, on my behalf, for an order to
test the accused's blood for HIV (the AIDS virus) and such other
communicable diseases as the Court deems appropriate.
(Date) (Victim's signature)
(Peace Officer's, Firefighter's, or
Emergency Medical Person's Petition)
(Name and number of case)
(Name and address of court)
PETITION FOR ORDER TO TEST ACCUSEDS BLOOD
(Health & Safety Code, Section 199.97)
(Proposition 96)
To the Clerk of the Court:
I declare under penalty of perjury that the following is
accurate and true to the best of my knowledge and belief:
1. My name is
(Print or type name)
I am a ( Identify
status as peace officer, etc. )
2. on (Give date and time)
the accused interfered with my official duties as a
( identify status as peace
officer, etc. ) by biting, scratching, spitting or
transferring blood or other bodily fluids1to me.
During commission of the charged offense, ?
(Identify the bodily fluid involved) was
transferred from the accused to me.
3 . Briefly, the possible transfer of bodily lluid took
place as the result of one or more of the following
acts: (Please check W one or more. )
assault or battery;
resisting arrest;
other (please describe)
4. On the basis of these facts and pursuant to Health and
Safety Code section 199-98, 1 request that this Court
grant my petition for an order to test the accused's
blood for the human immunodeficiency virus (HIV) and
such other communicable diseases as the Court deems
appropriate.
(date) (Officer' s signature)
2
3 SUPERIOR COURT
4 COUNTY OF CONTRA COSTA
5 STATE OF CALIFORNIA
6
7 THE PEOPLE OF THE STATE OF CALIFORNIA, No.
8 V.
9
10 Defendant. /
11
SEARCH WARRANT FOR TESTING DEFENDANT'S
12
BLOOD FOR AIDS VIRUS
13
PURSUANT TO PENAL CODE SECTION 1524.1
14
15 TO THE DIRECTOR OF THE HEALTH SERVICES DEPARTMENT of the
16 County of Contra Costa; PROOF by affidavit having been made
17 before me by
18
19 that there is probable cause to believe that the accused
20 committed a crime, and that a transfer of blood, semen or
21 other bodily fluid identified in the State of California
22 Department of Health Services regulations as capable of
23 transmitting the AIDS virus has taken place from the accused
24 to the victim;
25 YOU ARE THEREFORE COMMANDED TO SEIZE the necessary
26 blood specimens from the accused to test for the AIDS virus
27 pursuant to Penal Code section 1524.1, and to test the blood
.28 for the presence of the AIDS virus; and, pursuant to
1 subdivisions (f) and (g) of section 1524.1, to disclose the
2 test results to the victim and the accused, and to provide or
3 arrange for professional counseling where positive test
4 results are disclosed.
5
6 Given under my hand and dated this day of
7
8 , 19 , at M.
9
10
11 Magistrate
12
13
14 Judge of the Superior/Municipal Court,
r
15 Judicial District.
16
17
18
19
20
21
22
23
24
25
26
27 c: \dw4\pks.sw
28 2 _
SUPERIOR COURT
2
COUN'T'Y OF CONTRA COSTA
3
STATE OF CALIFORNIA
4
5
THE PEOPLE OF THE STATE OF CALIFORNIA, No.
6
V.
7
8
Defendant. /
9
10 AFFIDAVIT FOR SEARCH WARRANT
11 on the basis of personal knowledge and belief and on
12 the basis of other information contained in the attachments
13 hereto,
14
15
16 being duly sworn, deposes and says that the accused committed
17 a crime and that a transfer of blood, semen or other bodily
18 fluid identified in the State of California Department of
19 Health Services regulations as capable of transmitting the
20 AIDS virus has taken place from the accused to the victim.
21 Affiant requests the issuance of a Search Warrant to seize
22 necessary samples of the accused's blood for testing by the
23 Health services Department of Contra Costa County for the AIDS
24 virus.
25 The following attachments listed below are
26 incorporated into this Affidavit by reference as though set
27 forth herein word-for-word probable cause being contained
28 therein:
Official police reports and records; and documents,
2 exhibits and photographs:
3
4
5
6 Medical records:
7
8 Statement of expertise (and opinion) ;
9 Narrative statement of probable cause:
10 Affiant has reasonable cause to believe that grounds for the
11 issuance of a Search Warrant exist based upon this Affidavit
12 and the above attachments, and prays that a Search Warrant be
13 issued.
14 1/We declare on information and belief, under penalty
15 of perjury under the laws of the State of California that the
16 information in this Affidavit is true and correct:
17
18
19 Affiant(s)
20
21 Affiant(s)
22
23 Subscribed and sworn to before me
24 on this day of
25 (Magistrate)
26 19 .
27 Judge of the Superior/municipal court,
28 Judicial District.
2