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AIDS in Prison: Legal Issues

NCJ Number
129068
Journal
Crime and Delinquency Volume: 37 Issue: 1 Dated: special issue (January 1991) Pages: 135-153
Author(s)
B A Belbot; R V del Carmen
Date Published
1991
Length
19 pages
Annotation
This article discusses current statutory and case law relating to AIDS in correctional institutions.
Abstract
It reviews State legislation that addresses mandatory HIV testing, confidentiality of test results, segregation of prisoners with AIDS from the rest of the prison population, adequacy of health care, and criminal prosecution of prisoners with AIDS who attack correctional officers. Because of the fast growing and changing nature of the law in these areas, corrections officials are advised to become familiar with their State statutes. The article then explains current case decisions in both State and Federal courts that address each of these issues individually or in combination. Because no defined principles exist, prison personnel and lawyers are advised to keep current with court decisions as they develop. 15 notes, 10 references, and 31 cases (Author abstract modified)

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