NCJ Number
134021
Journal
Washington Law Review Volume: 65 Issue: 4 Dated: (October 1990) Pages: 839-881
Date Published
1990
Length
43 pages
Annotation
In response to the growing incidence of HIV infection among inmates, prison administrators have often resorted to segregating inmates who have AIDS or symptomatic HIV infection from the general prison population, claiming that separate housing units prevent the transmission of HIV to other inmates and staff. However, this practice may violate Section 504 of the Rehabilitation Act, which prohibits programs that receive Federal financial assistance from discriminating against "otherwise qualified" handicapped persons.
Abstract
This article discusses the epidemiology of HIV infection in correctional facilities by providing statistics on the incidence of the virus, describing various prison responses to HIV infection and the implications of segregating HIV-positive inmates, and outlining additional arguments used to justify segregation. The author addresses whether HIV infection is a handicap under the Rehabilitation Act and considers whether HIV-positive inmates are otherwise qualified to be integrated into the general prison population. The author concludes that HIV-positive inmates are handicapped under the Act, but are able to function within the general population, provided reasonable precautionary measures are taken. The legality of the segregation of HIV-positive inmates is an issue that will probably have to be decided on a case-by-case basis. 235 notes and 2 appendixes