NCJ Number
113225
Date Published
1986
Length
18 pages
Annotation
This chapter examines legal issues related to sanctions to deter knowing transmission of human immunodeficiency virus (HIV) infection and discusses the handling of persons with AIDS or seropositive status by the courts and in correctional facilities.
Abstract
Currently noncriminal sanctions to deter transmission can be found in public health quarantine laws and in tort law. Traditional criminal sanctions also may apply (e.g., reckless endangerment, negligent homicide). In addition, 24 States criminalize the exposure of others to sexually transmitted diseases. These sanctions, however, are either rarely enforced or present difficulties of proof. State legislatures also have enacted HIV-specific statutes that either mandate disclosure of HIV status, proscribe knowing transmission of HIV infection, or enhance penalties for such activities as prostitution by seropositive individuals. Issues arising with respect to bail determinations include the availability of medical care, quarantine, and mandatory testing. In general, HIV status should not prevent individuals from making scheduled court appearances; and court personnel are not at risk of infection in normal courtroom settings. Among issues that must be addressed by correctional facilities are the availability of inmate and staff education and training, confidentiality of medical information, availability of appropriate medical care, HIV-antibody testing policies and counseling, and segregation of HIV positive inmates.