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NCJRS Abstract

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NCJ Number: 122761 Find in a Library
Title: AIDS and Prisoners' Rights Law: Deciphering the Administrative Guideposts (From AIDS: The Impact on the Criminal Justice System, P 211-225, 1990, Mark Blumberg, ed. -- See NCJ-122746)
Author(s): A F Anderson
Date Published: 1990
Page Count: 15
Sponsoring Agency: Merrill Publishing Co
Columbus, OH 43216
Sale Source: Merrill Publishing Co
P.O. Box 508
Columbus, OH 43216
United States of America
Type: Legislation/Policy Analysis
Language: English
Country: United States of America
Annotation: Legal questions concerning AIDS in correctional institutions can generally be answered by applying established and evolving case law to the new factual situations presented.
Abstract: These guidelines will not make the handling of AIDS in correctional institutions easy, but provides definite administrative guideposts to help prison officials develop an integrated approach to administering equitable and legally counter any allegation of deliberate indifference to the needs of inmates with AIDS or their noninfected counterparts. Policies and procedures must address such issues as the quality of medical care, confidentiality, segregation, and the conditions of confinement. They should include sound reactive components, but they must go beyond this approach. Thus, they must include proactive educational measures aimed at behavioral change if they are to meet the duty to warn and provide affirmative defenses such as the assumption of risk. Notes, list of cases, and 24 references.
Main Term(s): AIDS/HIV in correctional facilities; Prisoner's rights
Index Term(s): Corrections management; Legal doctrines
Note: Reprinted from The Prison Journal, V 59, N 1 (Spring-Summer 1989), P 14-26
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