State Codes and Statutes
Statutes > Missouri > T12 > C191 > 191_659Department of corrections, HIV and infectious diseases testingwithout right of refusal--exception--minors victim of sexualassault, testing, notice to parents or custodians required.
191.659. 1. Except as provided in subsection 2 of this section, allindividuals who are delivered to the department of corrections and allindividuals who are released or discharged from any correctional facilityoperated by the department of corrections, before such individuals arereleased or discharged, shall undergo HIV and tuberculosis testing withoutthe right of refusal. In addition, the department of corrections mayperform or conduct infectious disease testing on offenders without theright of refusal.
2. The department of corrections shall not perform HIV testing on anindividual delivered to the department if similar HIV testing has beenperformed on the individual subsequent to trial and if the department isable to obtain the results of the prior HIV test.
3. The department shall inform the victim of any sexual offensedefined in chapter 566, RSMo, which includes sexual intercourse or deviatesexual intercourse as an element of the crime, of any confirmed positiveresults of HIV testing performed on an offender within the custody of thedepartment. If the victim is an unemancipated minor, the department shallalso inform the minor's parents or custodian, if any.
(L. 1988 H.B. 1151 & 1044 § 4, A.L. 1990 H.B. 974, A.L. 1992 S.B. 638, A.L. 1999 H.B. 358, A.L. 2002 H.B. 1756, A.L. 2003 H.B. 477)
