Abstract
The ADA might seem ill equipped to govern probation and parole decisions made in an AIDS context. However, the ADA apparently will have an unexpectedly appropriate and beneficial effect not only on HIV-infected and HIV-associated offenders, but on probation and parole systems as well. By making probation and parole systems accurately differentiate between harmless and dangerous behavior, the ADA's requirements balance the needs and rights of disabled offenders with the purposes of probation and parole systems. The wide gaps in the ADA's "disability" requirements will probably encompass many HIV-infected and HIV-associated offenders, yet the ADA will not protect disabled offenders who, in spite of reasonable modifications pose a medically significant risk of transmitting HIV to others. Consequently, offenders who present no substantial medical risk of transmitting HIV might avoid unwarranted release conditions or arbitrary denial of release. On the other hand, probation and parole systems may still restrict offenders who pose a truly dangerous risk of HIV transmission.
Recommended Citation
Dalrymple-Blackburn, Deborah
(1995)
"AIDS, Prisoners, and the Americans
with Disabilities Act,"
Utah Law Review: Vol. 1995:
No.
3, Article 3.
Available at:
https://dc.law.utah.edu/ulr/vol1995/iss3/3