CONSTITUTIONAL CHALLENGES TO THE COMPULSORY HIV TESTING OF PRISONERS AND THE MANDATORY SEGREGATION OF HIV-POSITIVE PRISONERS

• NCJ Number: 146290
• Journal: Prison Journal Volume: 73 Issue: 3 and 4 Dated: special issue (September/December 1993) Pages: 391-422
• Author(s): K C Haas
• Date Published: 1993
• Length: 32 pages
• Publication Format: Article
• Publication Type: Legislation/Policy Analysis
• Language: English
• Country: United States of America

Annotation

Screening and segregation policies in correctional institutions that house HIV-positive inmates in separate units have been challenged on constitutional grounds.

Abstract

Intravenous drug use is a common aspect of the preimprisonment lifestyle of many prisoners and a leading risk factor for contracting HIV. Moreover, incarcerated inmates frequently engage in behavior that can spread the disease, particularly homosexual activity and intravenous drug use. Correctional officials face increasing pressure to protect inmates and staff from HIV infection, and some have responded by implementing policies that require all inmates to undergo HIV testing and that house HIV-positive inmates in separate units. Screening and segregation policies, however, have been challenged on constitutional grounds by HIV-positive prisoners. To date, most courts have been inclined to reject constitutional challenges to mandatory HIV testing and segregation policies. Enough unsettled issues remain, however, to warrant expanded appellate review and eventual U.S. Supreme Court resolution of key constitutional questions. These questions concern equal protection, due process, privacy, and cruel and unusual punishment issues. 22 references and 14 notes