(a) In all cases in which a defendant has been convicted of a sexual offense, the prosecutor shall advise the victim of his right to request the testing of the convicted person's blood for the presence of HIV antibodies. To assist the victim of the sexual offense in determining whether to make the request, the prosecutor shall refer the victim to the Department of Health for pre-test counseling to help the victim understand the extent to which the particular circumstances of the sexual offense may or may not have created a risk of transmission of HIV, to ensure that the victim understands both the benefits and limitations of current tests for HIV and to help the victim decide whether to request such a test.
(b) The Department of Justice in cooperation with the Department of Health shall prepare a form to be used in providing victims with the notice required in subsection (a) of this section.
(c) When a person has been convicted of a sexual offense, the court, at the request of the victim, shall issue a warrant for the purpose of testing the convicted person's blood for the presence of the HIV antibodies, subject to the following conditions:
(1) The Commissioner of Health shall make provision for administering all HIV tests ordered under this subsection.
(2) Any person's blood which is tested under this section must be subjected to the appropriate confirmatory tests (e.g., ‘Western Blot’ antigen tests) in order to ensure the accuracy of the initial test results (e.g., ‘ELISA’ screening test), before disclosing to the victim or the convicted perpetrator, the initial reactive result;
(3) The Chief Public Health Official in the Virgin Islands, or his designee, shall have the responsibility of disclosing the test results to the victim and to the person who has been tested. However, the Public Health Official shall not disclose the HIV serostatus to either party without also providing for professional counseling and case management; provided, however, that when the victim, through court order, requests an HIV test of the convicted individual, the Chief Public Health Official shall deliver the test results in a sealed envelope to the court of competent jurisdiction. The Judge shall disclose the test results of the convicted individual to the victim.
(4) The Chief Public Health Officer shall also, upon the request of the victim, make the following services available to the victim: counseling regarding HIV disease, HIV testing, and referral for appropriate health care and support services.
(5) The Public Health Official shall comply with all laws and policies relating to medical confidentiality and shall be subject to the disclosure requirements authorized by this section.
(6) Any governmental official who informs an individual of the HIV test result or discloses any information pursuant to this chapter, shall be immune from civil liability for actions taken and statements made in compliance with this section.