Mandatory HIV Testing in Criminal Justice Settings

Abstract

This article examines various proposals that would mandate human immunodeficiency virus (HIV) screening under the auspices of the criminal justice system. The discussion addresses the merits of testing: (a) persons charged with or convicted of rape, (b) individuals who engage in certain forms of assaultive behavior, (c) prison inmates, and (d) offenders placed under community supervision. Analysis of the dynamics of HIV transmission suggests that screening in many of these cases is not justified. Often, mandatory testing has been proposed in response to incidents that present little or no risk of viral transmission. Likewise, there is little evidence that legitimate policy objectives require mass screening by correctional officials.