NCJ Number
108238
Date Published
1987
Length
17 pages
Annotation
This discussion of issues pertinent to acquired immune deficiency syndrom (AIDS) addresses the prosecution and sentencing of defendants with AIDS, the housing of and caring for the infected inmate, the protection of other inmates, the testing of inmates for AIDS antibodies, prison tort liability, and the protection of correctional staff.
Abstract
Defendants with AIDS often receive comparatively lenient sentences due to their shortened life span and the difficulty of managing such persons in prison. Once an inmate has been diagnosed with AIDS or as been infected with the AIDS virus, prison administrators must make decisions on segregating the infected inmate and on medical treatment to provide. Inmate lawsuits are likely to focus on these issues. While prisons have rules prohibiting other than casual contact between inmates and reasonable procedures to enforce these rules, the courts are not likely to require the segregation of inmates with AIDS. Prison compliance with minimum medical standards in a timely manner is likely to be deemed sufficient medical care by the courts. Although laws requiring the testing of inmates for the AIDS antibodies have been proposed in several States, no court has required a prison system to adopt such testing. It is likely that inmate suits seeking damages for contracting AIDS in prison will increase. Correctional systems with inmate educational and training programs on AIDS will be in the best position to defend against such suits. There is no evidence of any significant transmission of AIDS from inmates to staff. Should this occur, law suits and workers' compensation suits are likely to arise. 72 footnotes.