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AIDS and the Criminal Justice System: A Final Report and Recommendations

NCJ Number
120055
Date Published
1989
Length
241 pages
Annotation
This report analyzes the current policies and the medical, legal, and ethical practices within and between New York State and New York City criminal justice agencies regarding AIDS in the correctional population.
Abstract
Through public hearings and investigations the Joint Subcommittee on AIDS in the Criminal Justice System of the Committee on Corrections and the Committee on Criminal Justice Operations and Budget of the Association of the Bar of New York City assessed the criminal justice system's handling of AIDS among those in its charge. The report is critical of agencies for the lack of coordinated services, insufficient education for employees and inmates, and the inconsistent practices and protocols concerning AIDS. This is occurring in the midst of an AIDS crisis where AIDS is the leading cause of death among both male and female inmates in the city correctional system. The report discusses HIV antibody testing and confidentiality, education, employee protocols and procedures, the criminalization of behavior that creates a risk of transmission, and prison policies and conditions. Also discussed is the unfair treatment of defendants if they have or are suspected of having AIDS. Recommendations are offered for improvements in all the areas discussed. Appended supplementary information.