NCJ Number
122157
Journal
State Peace Officers Journal Volume: 38 Issue: 3 Dated: (1989) Pages: 17-19
Date Published
1989
Length
3 pages
Annotation
Because intravenous drug abusers are the fastest growing group of people with AIDS, the continuing epidemic will effect changes in law and in criminal justice practice and policy.
Abstract
The recent popularity of cocaine and the increasing incidence of cocaine injection have contributed to the increase in AIDS among drug abusers. These facts have already prompted Illinois law enforcement and corrections officials to train and protect personnel who may be exposed to the HIV virus during the normal course of their duties and to take steps to prevent the spread of AIDS among those in the criminal justice system. Based on guidelines published by the Centers for Disease Control (CDC) and the National Institute of Justice (NIJ), Illinois officials have stressed reasonable precautions coupled with nondiscrimination against high-risk offenders. Lawmakers, prosecutors, and judges must face the issue of whether knowing exposure of another person to HIV is a crime and whether offenders with AIDS should be treated differently within the system. To date, Illinois courts have not generally developed AIDS-specific guidelines, unlike other States where courtroom controversy over the disease has been great. The State's Department of Corrections is currently conducting random tests to determine the incidence of AIDS within the prisons and will take appropriate steps regarding prisoner housing, testing, and educational programs. Illinois has passed no laws and has little case law that would establish deliberate AIDS exposure as a crime; ten other States have enacted felony statutes. Although Illinois requires HIV testing of convicted sex offenders and persons convicted of illegally distributing or using hyperdermic needles, there are no State laws addressing the sentencing of HIV-positive offenders.