AIDS in Prison: Legal Issues

Abstract

Both current statutory and case law concerning AIDS in correctional institutions are discussed. The article examines the legal status of mandatory testing, the confidentiality of test results, segregating prisoners with AIDS from the rest of the prison population, adequacy of health care, and inmate assaults on correctional officers. The article emphasizes the fast-developing and changing nature of the law in all of these areas. Because many states have recently passed legislation concerning some of these issues, the authors advise corrections officials to familiarize themselves with their state statutes; the article provides examples of specific statutes. After addressing statutory law, the authors explain the various court cases that have been decided to date.