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AIDS in Correctional Facilities: A New Form of the Death Penalty?

NCJ Number
129843
Journal
Washington University Journal of Urban and Contemporary Law Volume: 36 Dated: (Fall 1989) Pages: 167-185
Author(s)
A F Hammond
Date Published
1989
Length
19 pages
Annotation
After providing information on AIDS and its transmission, this article examines legal problems in housing inmates with AIDS, describes testing and screening within correctional facilities, discusses institutional liability that may arise from the management of the AIDS threat in prisons, and proposes correctional policy for addressing the AIDS crisis in prisons.
Abstract
The discussion of AIDS considers what causes AIDS, the classification and transmission of AIDS, and the incidence of AIDS. Issues confronting correctional institutions include housing inmates with AIDS, testing and screening inmates for AIDS, and avoiding institutional liability for AIDS transmission in prison. Correctional facilities throughout the United States use a variety of methods to house people with AIDS. Correctional institutions should select the best of these methods and establish uniform guidelines. Uniform guidelines would substantially slow the spread of AIDS in prisons and reduce potential institutional liability. Segregating inmates with AIDS in medical infirmaries and housing seropositive inmates and inmates with AIDS-related complex together provides protection to all inmates. Mass AIDS testing would allow prison officials to develop appropriate housing policies and prevention measures. 146 footnotes

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