Section 15-11-66.1. (Effective until January 1, 2014) Disposition of child committing delinquent act constituting AIDS transmitting crime; submission to HIV test; report of results

   (a) Any term used in this Code section and defined in Code Section 31-22-9.1 shall have the meaning provided for such term in Code Section 31-22-9.1.

(b) As part of any order of disposition regarding a child adjudged to have committed a delinquent act constituting an AIDS transmitting crime, the court may in its discretion and after conferring with the director of the health district, as such officer is provided for in Code Section 31-3-15, order that child to submit to an HIV test within 45 days following the adjudication of delinquency and shall mail the Department of Juvenile Justice a copy of such order within three days following the issuance thereof.

(c) The Department of Juvenile Justice, within 30 days following receipt of the copy of order under subsection (b) of this Code section, shall arrange for the HIV test for the child ordered to submit thereto.

(d) Any child sentenced to the custody and control of the Department of Corrections or the Department of Juvenile Justice shall be HIV tested in accordance with the policies and procedures of the respective department.

(e) If a child is required by this Code section to submit to an HIV test and is thereby determined to be infected with HIV, that determination and the name of the child shall be deemed to be AIDS confidential information and shall be reported to:

   (1) The Department of Juvenile Justice or the Department of Corrections, as the case may be, and the Department of Public Health, the latter of which may disclose the name of the child if necessary to provide and shall provide counseling to each victim of that child's AIDS transmitting crime or to any parent or guardian of any victim who is a minor or incompetent person, if the Department of Juvenile Justice or the Department of Corrections believes the crime posed a reasonable risk of transmitting HIV to the victim;

   (2) The court which ordered the HIV test; and

   (3) Those persons in charge of any facility to which the child has been confined by order of the court. In addition to any other restrictions regarding the confinement of children, a child determined to be an HIV infected person may be confined in that facility separately from any other children in that facility other than those who have been determined to be infected with HIV if:

      (A) That child is reasonably believed to be sexually active while confined;

      (B) That child is reasonably believed to be sexually predatory either during or prior to detention; or

      (C) The commissioner of juvenile justice or the commissioner of corrections, as the case may be, reasonably determines that other circumstances or conditions exist which indicate that separate confinement would be warranted.

Code 1981, § 15-11-35.1, enacted by Ga. L. 1988, p. 1799, § 2; Ga. L. 1992, p. 1983, § 7; Ga. L. 1994, p. 1012, § 20; Ga. L. 1997, p. 1453, §§ 1, 2; Code 1981, § 15-11-66.1, as redesignated by Ga. L. 2000, p. 20, § 1; Ga. L. 2009, p. 453, § 1-13/HB 228; Ga. L. 2011, p. 705, § 6-3/HB 214.