Confidentiality, Legal, and Labor Relations Issues (From AIDS: The Impact on the Criminal Justice System, P 226-243, 1990, Mark Blumberg, ed. -- See NCJ-122746)

• NCJ Number: 122762
• Author(s): D E Hunt; S Moini; S McWhan
• Date Published: 1990
• Length: 18 pages
• Sale Source: Merrill Publishing Co
• Publication Type: Survey
• Language: English
• Country: United States of America
• Note: Reprinted from AIDS in Probation and Parole Chapter 5, June 1989

Annotation

AIDS and HIV among offenders pose several legal issues for community corrections and requires attention to accurate AIDS education and training for probation and parole staff as well as policy guidelines to address issues like confidentiality, the obligation of employees to perform their duties, and mandatory testing.

Abstract

An NIJ survey found that few community corrections programs currently test offenders for HIV antibodies or have specific policies regarding the disclosure of test results. In addition, State laws vary widely regarding the confidentiality of information on HIV status. Therefore, community supervision staff should seek verification of their State laws before any disclosure or special placement is made. They should also be aware that refusal to work with people who test positive for HIV could be interpreted as discrimination. Moreover, the best protection against suits regarding disclosure is to provide documented training and detailed disclosure guidelines for the protection of confidentiality. Furthermore, State laws vary regarding the possibility of requiring testing of an individual who is suspected of being HIV antibody-positive and who is involved in an HIV transmission incident like biting. Finally, State laws also vary regarding whether State residential placement facilities can refuse to house parolees who test positive for HIV. 29 reference notes.