NCJ Number
114731
Date Published
1989
Length
8 pages
Annotation
This analysis of legal developments related to AIDS emphasizes their policy implications in the following four areas: 1) preventing the spread of HIV within offender populations, 2) the rights of offenders with HIV infection or AIDS, 3) legal issues regarding staff, and 4) public safety issues.
Abstract
Preventive education is the most effective measure currently known against HIV transmission, and it is not unduly complicated by legal obstacles. In fact, it is the one policy area in which the interests of staff members, individuals in custody, and the public all coincide. Other preventive measures must focus on lockups, rapes and assaults in correctional settings, and unprotected blood exposure. Issues related to the rights of offenders with HIV infection or AIDS relate to the right to treatment, confidentiality and notification, and inmate segregation. Legal issues regarding criminal justice staff include the duty to train employees and to maintain safe working conditions, work disruptions due to the fear of AIDS, and labor considerations for infected employees. Public safety issues relate to early release, extended confinement based on the risk of HIV transmission, community supervision, and pretrial release decisions. In all these areas, well-reasoned, written guidelines, together with training and education on precautionary measures provide the best protection against the spread of HIV infection and against lawsuits alleging negligence or the deprivation of individual rights. Reference notes.