NCJ Number
158278
Journal
New England Journal on Criminal and Civil Confinement Volume: 21 Issue: 1 Dated: (Winter 1995) Pages: 45-96
Date Published
1995
Length
42 pages
Annotation
This analysis of claims raised by HIV-infected inmates and uninfected inmates and suggests actions that corrections officials should take on the issue of AIDS in correctional facilities to protect the rights of all inmates.
Abstract
The analysis notes the responsibility of corrections officials to protect and treat inmates infected with HIV and to protect uninfected inmates from the risk of contagion and from the behavior of infected inmates that may place others at an enhanced risk of becoming infected. Court decisions on the legal issues demonstrate a lack of consensus regarding the preferred corrections policies and practices on this issue and a high degree of court deference to the policies and practices established by correctional institutions. The central issues in managing HIV in corrections institutions include mandatory testing, inmate segregation, the level of medical care, and the role of education in preventing AIDS transmission. Appropriate policies include voluntary testing and segregation, consideration of segregation of inmates highly contagious for opportunistic infections associated with AIDS or who engage in high-risk behaviors, and adequate training and supervision of corrections officials. Other desirable but politically unpopular policies that reflect the reality that most inmates return to the community include provision of needles and condoms, increased access to methadone, and greater consideration to noncustodial sentencing options. Footnotes