Rule 511-2-5-.05 - Testing of Individuals Convicted of Prostitution(1) Every prostitute convicted within this State after the effective date of this Chapter shall submit to HIV testing as prescribed by the Department. Further, every individual convicted of prostitution outside this State after the effective date of this Chapter and found within this State, shall submit to HIV testing if on probation.(2) Every clerk of a court of record in this State with jurisdiction of the offense of prostitution; every administrative head of a probation, parole or similar supervisory agency; and every administrative head of a penal institution or other detention facility shall promptly report or cause to be reported to the local Board of Health when he or she receives custody, supervision or other notice of an individual convicted of prostitution. Such report shall identify the individual by name and whereabouts, and will be used to facilitate HIV testing of the individual.(3) Before sentencing a convicted prostitute, the courts of this State are requested to have a designated representative, appointed by the court and approved by the Department, contact the Division of Public Health of the Department. The purpose of the contact is to ascertain whether or not the prostitute has been previously found to be positive by HIV testing and such information may be taken into consideration by the judge upon sentencing.(4) Where permitted by law, every judge sentencing a convicted prostitute in this State may include as a condition of any probation, suspension of sentence or other leniency, that the convicted individual report to the local Board of Health for HIV testing as directed. Further, where the convicted individual appears able to do so without undue hardship, every such judge is requested to order the individual to reimburse the health care provider for the cost of any testing and/or ancillary services provides.Ga. Comp. R. & Regs. R. 511-2-5-.05
O.C.G.A. Secs. 31-2A-6, 31-17-2, 31-17-3, 31-17-4.2.
Original Rule entitled "Testing of Individuals Convicted of Prostitution" adopted. F. Oct. 15, 2013; eff. Nov. 4, 2013.