Dyachenko, A.P., Mitropolskaya, K.V. Detainment of the HIV — infected persons in the US prisons

Abstract: The article concerns the experience of detention of the HIV-positive prisoners in the US prisons. The authors compare the quantity of prisoners in the USA (data for 2010) and the number of detained HIV-positive persons In the US prisons. The authors also provide the data for Russia (for the comparative purposes) on the spread of the HIV (AIDS) in Russia and the criminal detention centers and prisons (pre-trial detention centers, colonies, prisons). The authors analyze the American legislation, Including the federal laws, the laws of the District Columbia, Puerto Rico and 50 US states. The authors also show the criminal responsibility for the spread of the disease and punishment for it. It is noted that the HIV-positive persons still bears responsibility even if the virus was not transmitted. The authors also provide typical examples on legislation on HIV — positive person, as provided for by the media. The article also concerns judicial and penitentiary systems In various US states and various districts, which have their own criminal legislation. The authors provide Interesting data on the conditions of detention and imprisonment of the HIV — positive persons, and implementation of the programs for lowering the level of harm (including the personnel) in the US prisons. The article contains positive conclusions on the use of positive experience of the USA in the Russian penitentiary system.

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