AIDS in Prisons and Jails: Issues and Options

• NCJ Number: 243889
• Author(s): Theodore M. Hammett
• Date Published: February 1986
• Length: 8 pages
• Sponsoring Agency: National Institute of Justice (NIJ)
• Sale Source: NCJRS Photocopy Services
• Publication Series: NIJ Research in Brief
• Publication Format: Document
• Publication Type: Survey
• Language: English
• Country: United States of America

Annotation

Based largely on responses to a national mail questionnaire from 50 State correctional departments, the Federal Bureau of Prisons, and 33 large city and county jail systems between November 1985 and January 1986, this report identifies issues and proposes options for addressing AIDS in prisons and jails.

Abstract

Only four State correctional systems (Nevada, Colorado, Iowa, and Missouri) have implemented or plan to implement mass screening; however, almost 90 percent of the responding jurisdictions use testing for more limited purposes. In framing the debate on mass screening, eight key questions are posed and discussed. This is followed by on overview of implementation issues. In 60 percent of the responding jurisdictions, all testing is either voluntary or on inmate request. In 15 percent of the jurisdictions, all testing is mandatory. Those who oppose mandatory testing argue that because of the potentially serious negative effects of testing (e.g., discrimination in housing, employment, and insurability), medical ethics requires that there be a right of refusal, regardless of law or policy. Medical, legal, and correctional management issues are also discussed. Regarding medical issues, appropriate diagnostic workups are necessary in order to identify immunosuppression, ARC, and AIDS. Also, certain tests may be able to detect early evidence of opportunistic infection typically seen in AIDS patients. Careful surveillance and regular follow-up are important for patients with AIDS, ARC, and HTLV-III seropositivity, since life-threatening symptoms can develop quickly. Correctional management issues relate to housing policies, precautionary measures in controlling the spread of AIDS within institutions, notification and confidentiality, and the costs of care and associated services. Regarding legal issues, existing case law on AIDS in correctional facilities is in three major categories: equal protection for AIDS patients, quality of care, and failure to protect others from AIDS.