

Introduction
Acquired
Immune Deficiency Syndrome (AIDS) has emerged as significant concern and challenge to
correctional administrators. As the number of victims stricken with this virus continues
to multiply, probation and parole personnel must be aware of the implications of various
actions and non-actions, confidentiality issues, and medical facts. Policies and
procedures governing all facets of AIDS prevention and education must reflect best current
medical and ethical practices.
Position
The American
Probation and Parole Association supports the findings and recommendations of the National
Institute of Justice in "AIDS and the Law Enforcement Officer" and "AIDS in
Correctional Facilities." While neither of these publications specifically addresses
the unique issues faced by probation and parole officers, the detailed analysis assesses
many of the major areas of concern expressed by staff.
Education of
all citizens about the dangers and means of transmission of the AIDS virus is a primary
social objective. Probationers and parolees convicted of drug-related offenses represent a
high-risk group which should be targeted for intensive educational efforts, despite
refractory attitudes frequently encountered among this population. Other offenders should
also be provided with information about preventive measures and testing options.
Disclosure
of offender medical information presents difficult ethical and professional dilemmas. As a
general rule, such information is confidential. When staff become aware that a specific
offender is HIV-positive, disclosure to other parties without the subject's informed
consent is a violation of his/her right to privacy. In special cases where there is
evidence suggesting ongoing high-risk behavior that might result in the infection of a
third party, the right to privacy may be outweighed by a duty to warn possible victims. In
such cases, staff should be encouraged to seek supervisory and legal assistance on a
case-by-case basis.
In the daily
performance of their duties, probation and parole officers are rarely exposed to
situations where viral transmission is possible. The only recognized means of contracting
the AIDS virus is through blood-to-blood contact or semen-to-blood contact. Neither is
likely to occur in the context of the probation/parole officer's job. Common hygienic
procedures and recognition of high-risk behaviors and situations should be sufficient to
prevent exposure. Officers may wish to carry rubber or surgical protective wear, but such
precautions should not be mandatory. The AIDS virus is not easily transmitted, and there
is little evidence that professionals employed in the health or law enforcement fields are
at risk of contracting it, if standard procedures are followed.
All
jurisdictions should develop policies and procedures, which stress regular training,
utilizing the latest medical research, video, and live presentations, and the opportunity
for staff to discuss issues of concern.
For more
information about APPA position statements, please contact APPA staff at:
Email
Phone: 859-244-8203
Fax: 859-244-8001
Mail: American Probation and Parole Association
c/o Council of State Governments
P.O. Box 11910
Lexington, KY 40578-1910 |