AIDS and Prisoners' Rights Law: Deciphering the Administrative Guideposts (From AIDS: The Impact on the Criminal Justice System, P 211-225, 1990, Mark Blumberg, ed. -- See NCJ-122746)

• NCJ Number: 122761
• Author(s): A F Anderson
• Date Published: 1990
• Length: 15 pages
• Sale Source: Merrill Publishing Co
• Publication Type: Legislation/Policy Analysis
• Language: English
• Country: United States of America
• Note: Reprinted from The Prison Journal, V 59, N 1 (Spring-Summer 1989), P 14-26

Annotation

Legal questions concerning AIDS in correctional institutions can generally be answered by applying established and evolving case law to the new factual situations presented.

Abstract

These guidelines will not make the handling of AIDS in correctional institutions easy, but provides definite administrative guideposts to help prison officials develop an integrated approach to administering equitable and legally counter any allegation of deliberate indifference to the needs of inmates with AIDS or their noninfected counterparts. Policies and procedures must address such issues as the quality of medical care, confidentiality, segregation, and the conditions of confinement. They should include sound reactive components, but they must go beyond this approach. Thus, they must include proactive educational measures aimed at behavioral change if they are to meet the duty to warn and provide affirmative defenses such as the assumption of risk. Notes, list of cases, and 24 references.