NCJ Number
139573
Journal
Criminal Justice Journal Volume: 14 Issue: 1 Dated: (Summer 1992) Pages: 51-67
Date Published
1992
Length
17 pages
Annotation
This article argues that the establishment of a uniform and comprehensive national policy for the treatment of HIV- positive inmates is mandated by both constitutional principles and human decency.
Abstract
The article begins with an overview of a recently decided court case that incorporates a substantial amount of case law that supports the policy of prison segregation for inmates who test HIV-positive. This is followed by an analysis of past practices and current trends in the legal system regarding the treatment of HIV positive inmates. The author argues for sweeping reform in the management of HIV- positive inmates. The reform must include mass screening of all persons within the correctional system; humane and equitable segregation for those who test HIV-positive; and state-of-the-art medical treatment combined with ongoing educational, counseling, and referral programs. A program with these components would help HIV inmates maintain their dignity and individuality in a humane yet secured environment, while reassuring non-infected inmates that their exposure to HIV is substantially reduced. Constitutional challenges by infected inmates, non-infected inmates, and prison personnel would be virtually eliminated. Cost-effective implementation of the plan could be attained by modifying military bases scheduled for closure. 90 footnotes