NCJ Number
143265
Date Published
1990
Length
10 pages
Annotation
Testimony provided by the Correctional Association of New York's Prison Projects Director before National Commission on AIDS hearings on HIV infection and AIDS in correctional facilities focuses on the importance of early release for terminally ill inmates with AIDS, mechanisms available for the early release of terminally ill inmates, and policy recommendations regarding early release.
Abstract
The Correctional Association of New York operates the Health Support Network, a support and referral program for families and friends of prisoners and releasees with AIDS. Most prison systems, however, do not have the facilities or staff to provide the intensive nursing care and psychosocial support services needed by seriously ill inmates with AIDS. These inmates could be cared for more appropriately in a hospital, hospice, or family residence with home nursing care, and early release could result in substantial savings to State governments. A survey of early release mechanisms in five States (California, Florida, New Jersey, New York, and Texas) indicates that States and the Federal Government have provisions related to executive clemency, resentencing, temporary release, and compassionate release but that government entities are not doing enough to adequately address early release. Four policy recommendations regarding early release are offered: (1) persons seriously ill with AIDS and deemed to pose no danger to society should not remain in prison; (2) governors who have the authority to commute sentences should be encouraged to do so for inmates with AIDS; (3) seriously ill inmates with AIDS should have a streamlined, expeditious mechanism other than executive clemency to enable them to apply for parole supervision before completing their minimum sentences; and (4) parole should not be revoked if the releasee's health improves.