AIDS (Acquired Immune Deficiency Syndrome) in Prison: AIDS Policies Raise Civil Liberties Concerns

• NCJ Number: 106999
• Journal: National Prison Project Journal Issue: 10 Dated: (Winter 1986) Pages: 10-11
• Author(s): L Gostin
• Date Published: 1986
• Length: 2 pages
• Sale Source: National Institute of Justice/; NCJRS Photocopy Services
• Publication Type: Legislation/Policy Analysis
• Language: English
• Country: United States of America

Annotation

Testing for the acquired immune deficiency syndrome (AIDS) virus raises important civil liberties questions for contemporary corrections.

Abstract

A policy of full scale inmate screening and segregation may be adopted throughout the country within the next 5 years. Erosions of inmates' rights in recent years suggests that courts will uphold prison discretion in this area, provided there is a health rationale. However, such a policy is unjustified by what is known about the transmissibility of AIDS, may expose seropositive inmates and increased risk of infection, and would involve significant financial and administrative costs. In addition, such a policy would send a harmful message to the public about AIDS. Less restrictive and invasive policies, including education designed to prevent high risk behaviors such as needle sharing and unsafe sexual practices, are recommended. 9 footnotes.