NCJ Number
139145
Journal
State Legislative Report Volume: 16 Issue: 7 Dated: (September 1991) Pages: 1-12
Date Published
1991
Length
12 pages
Annotation
This article examines the usefulness and the legality of mandatory HIV (human immunodeficiency virus) testing for sex offenders.
Abstract
In considering whether or not to mandate HIV testing of sex offenders, State policymakers are faced with constitutional issues of balancing both the rights of victims and defendants, as well as with practical concerns about risks, reliability, usefulness, and testing costs. Thus far, at least 23 States have responded with a variety of legislative provisions that address HIV testing of sex offenders. Issues in such legislation are mandatory versus court-ordered testing, testing before or after conviction, testing with or without compulsory counseling, and notification procedures. Testing, by itself, many not be the most effective means of assisting sexual assault victims. It may provide some relief to victims, but programs that include counseling, the monitoring of victims' own health status, and emphasis on their own well-being may generate greater long-term benefits. States will continue to be involved in addressing this highly emotional and legally difficult issue. Legislators may want to consult with legal counsel, rape victim assistance groups, other relevant community organizations, and public health personnel when considering appropriate responses. 19 notes and a chart of State HIV testing legislation