Sex Offender Mandatory STD Testing in Illinois
In Illinois, individuals convicted of certain sex offenses are required by law to undergo medical testing for sexually transmitted diseases (STDs). This mandatory STD testing requirement is codified in 730 ILCS 5/5-5-3(g) of the Unified Code of Corrections. The purpose of this law is to identify and treat STDs in convicted sex offenders in order to prevent further transmission.
Offenses That Trigger Mandatory STD Testing
The following sex offenses trigger mandatory STD testing for the convicted individual under 730 ILCS 5/5-5-3(g):
- Criminal sexual assault (720 ILCS 5/11-1.20)
- Aggravated criminal sexual assault (720 ILCS 5/11-1.30)
- Predatory criminal sexual assault of a child (720 ILCS 5/11-1.40)
- Criminal sexual abuse (720 ILCS 5/11-1.50)
- Aggravated criminal sexual abuse (720 ILCS 5/11-1.60)
- Criminal sexual assault (formerly rape) (720 ILCS 5/11-1.20)
- Aggravated criminal sexual assault (formerly aggravated rape) (720 ILCS 5/11-1.30)
- Criminal sexual abuse (formerly deviate sexual assault) (720 ILCS 5/11-1.60)
- Aggravated criminal sexual abuse (formerly aggravated deviate sexual assault) (720 ILCS 5/11-1.60)
- Grooming (720 ILCS 5/11-25)
- Traveling to meet a minor (720 ILCS 5/11-26)
- Indecent solicitation of a child (720 ILCS 5/11-6)
- Public indecency (720 ILCS 5/11-9)
- Sexual exploitation of a child (720 ILCS 5/11-9.1)
This covers a wide range of sexual offenses against both adults and children. The testing requirement applies regardless of whether the victim was a minor or an adult.
Scope of Mandatory STD Testing
The statute states that when an individual is convicted of one of the above offenses, “the defendant shall undergo medical testing to determine whether the defendant has any sexually transmissible disease.
“This means that the court is expected to order STD testing that is broad enough to detect major STDs, including:
- Chlamydia
- Gonorrhea
- Syphilis
- HIV
- Hepatitis B
- Hepatitis C
- Human papillomavirus (HPV)
The testing may be done through blood tests, urine tests, or genital swabs. The court has discretion in determining the exact scope and methods of STD testing.
Timing and Procedures
The mandatory STD testing statute does not specify precisely when the testing should occur. In practice, courts typically order the testing to be conducted shortly after conviction, before the defendant is sentenced.
The testing is usually performed at Department of Public Health facilities per 730 ILCS 5/5-5-3(g). The defendant generally has to pay the costs of the tests.
The results of the STD tests are reported to the court and made part of the defendant’s criminal record. If the defendant tests positive for an STD, they must disclose this to future sexual partners. Some defendants may also have to register as a “sex offender” under Illinois law.
Treatment and Reporting Requirements
If a convicted sex offender tests positive for an STD, they are legally required to undergo appropriate medical treatment. This treatment is intended to cure the STD when possible, or control its symptoms and prevent transmission when a cure is not available.
For example, chlamydia and gonorrhea are curable with antibiotics. Meanwhile, other STDs like herpes, HIV, hepatitis B, and HPV are manageable with medications and lifestyle changes, although not curable.
In addition to treatment, individuals who test positive for HIV or hepatitis B may have to comply with disease reporting requirements. Under 77 Ill. Adm. Code 697.410, healthcare providers and laboratories must confidentially report confirmed HIV and hepatitis B cases to the Illinois Department of Public Health.
Constitutional Issues
Critics argue that mandatory STD testing of convicted sex offenders is an unconstitutional search under the 4th Amendment. However, most courts have upheld these laws as constitutional, reasoning that convicted felons have reduced privacy rights. The governmental interest in public health is considered to outweigh the individual privacy concerns of convicted sex offenders.
Nonetheless, mandatory STD testing laws still raise civil liberties issues. Defense attorneys often advocate for their clients’ privacy rights and oppose overly broad testing. Courts must strike a delicate balance between public health, punishment, and individual freedom.
Policy Debate
There are good-faith arguments on both sides of this issue. Supporters contend that mandatory STD testing has benefits for public health and victim care. Identifying infections in sex offenders allows for treatment, counseling, and partner notification. This prevents further disease transmission.
However, critics counter that mandatory testing perpetuates the stereotype that sex offenders inherently carry STDs. Most sex offenders do not have STDs, and testing everyone may be an inefficient use of public health resources. Some also view the tests as an excessive punishment that infringes on civil liberties.
There are also concerns that mandatory STD testing discourages sex offenders from seeking healthcare. If tests are imposed against their will at conviction, sex offenders may avoid medical care and STD screening in the future due to stigma or privacy fears. This could paradoxically increase STD rates in some cases.
Overall there are good arguments on both sides. There may be alternative policy options, like making STD testing voluntary or tying it to assessed risk factors on a case-by-case basis. But for now, Illinois law takes a broad approach by mandating testing for all individuals convicted of certain sex offenses.
Recent Legal Challenges
Illinois’ mandatory STD testing law has been in effect for many years, but there have been some recent legal challenges arguing the requirement is unconstitutional:
- In 2021, an Illinois appellate court rejected arguments that mandatory STD testing violates the 5th Amendment right against self-incrimination. The court ruled that STD tests results cannot be used to prosecute additional crimes, only to treat the defendant’s medical condition. People v. Gray, 2021 IL App (1st) 191086.
- Also in 2021, an Illinois judge denied a defendant’s motion to avoid STD testing on 4th Amendment illegal search grounds. The judge found that convicted sex offenders have a reduced expectation of privacy when the testing relates to public health. People v. Perry, 2021 IL App (3d) 180901-U.
So far, Illinois courts have generally upheld the mandatory STD testing law as constitutional. But legal controversies continue, and some attorneys argue the statute is overly broad. Additional appellate litigation is likely in coming years.
Conclusion
Illinois’ mandatory STD testing requirement for convicted sex offenders has been in place for many years as a public health measure, although some aspects of the law remain controversial. Supporters argue it helps prevent disease transmission, while critics contend it infringes on civil liberties. Recent court challenges have upheld the statute as constitutional, but further litigation is expected. As with any intersection of criminal justice and healthcare, there are complex legal and ethical issues on all sides.