NCJ Number
155464
Journal
Journal of Criminal Justice Volume: 23 Issue: 3 Dated: (1995) Pages: 209-231
Date Published
1995
Length
23 pages
Annotation
This article examines the legal issues that influence the development and implementation of the policies of correctional institutions regarding the detection and control of the health risks created by inmates infected with the HIV virus or who have AIDS.
Abstract
The discussion considers the constitutionality of HIV testing and inmate segregation and the reasons advanced for each of these measures. It also explores whether prisoners infected with HIV or who have developed AIDS are handicapped for purposes of Federal law that will hold the correctional facility liable for discrimination if these inmates are housed separately or excluded from programs. The analysis concludes that at some point the U.S. Supreme Court will address the many issues currently being raised in the lower courts. Institutions must formulate policies that will protect the rights of seropositive inmates while protecting the institution from liability. Therefore, they should define the extent of HIV infection, plan for the housing and medical care of infected inmates, use voluntary or mandatory testing with maintenance of confidentiality of the results, use anonymous testing as an alternative, and avoid inmate segregation based on HIV status alone. Notes, case citations, and 26 references (Author abstract modified)