Can the Government Force Inmates to be Tested for AIDS / HIV?
Whether the government can force prison inmates to have their blood tested
for AIDS / HIV depends on the law of each particular state. For example, the
state supreme courts of Illinois and California have ruled
that the state can require certain inmates to be tested for AIDS / HIV.
Doesn't Forced Testing Violate Inmates' Rights?
Laws requiring inmates to take blood tests have been challenged on a number
of constitutional grounds including the rights against
unreasonable search and seizure and cruel and unusual punishment, and the right
to equal protection.
However, the courts have usually based their decisions on the states¿ police
power, under which it has the authority to ensure the public health and safety
of its citizens. The courts¿ main concern has been the rapid spread of AIDS /
HIV and the role that blood tests play in protecting the public at large. The
courts have found that the intrusion on the inmates¿ rights is minimal in
comparison to the benefits to the public health and safety.
Which Inmates are Tested for AIDS / HIV?
In most states where blood testing of inmates is utilized, the testing is
limited to inmates convicted of crimes that pose a high risk of AIDS / HIV
transmission. These crimes include:
Do I Need a Criminal Law Attorney?
If you have a problem regarding forced blood testing for prison inmates,
speak with a criminal law attorney. A criminal law attorney will be the
most familiar with the laws of your state, and the rights you are guaranteed.
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