# Presentation: 395403

## HIV/AIDS and the Criminal Justice System

**Theodore M. Hammett, Ph.D.**
**Sofia Kennedy, M.P.H.**
**Drug Abuse and Risky Behaviors: **
**The Evolving Dynamics of HIV/AIDS**
**NIH-Bethesda, MD**
**May 9, 2007 **

**HIV/AIDS and the Criminal Justice System**

## Acknowledgements

**Data on substance use and correctional populations are from the Bureau of Justice Statistics, U.S. Department of Justice**
**Survey data on HIV/AIDS policies were collected with funding from the National Institute of Justice (U.S. Department of Justice) and the Centers for Disease Control and Prevention.**
**Analysis of the burden of disease was supported by the National Commission on Correctional Health Care and the National Institute of Justice.**

## Importance of Correctional Settings for HIV Diagnosis, Prevention, and Treatment

**Dramatic growth of incarcerated population ****— more than 2 million total.**
**At least 80% of prisoners have substance abuse problems.**
**Burden of infectious disease (and other health problems) is disproportionately heavy among inmates.**
**Inmates have poor prior access to health care.**
**Important opportunity to provide diagnosis, prevention, and treatment services in high-risk “captive” population.**
**Correctional facilities are part of the community.**
**Ripple effects for public health.**
**Possible downstream savings in costs of health care, law enforcement, and incarceration.**

## Growth of Adult Correctional Populations, 1980-2005

**Probation**

**Prison**

**Parole**

**Jail**

- Source: Bureau of Justice Statistics Correctional Surveys (The Annual Probation Survey, National Prisoner Statistics, Survey of Jails, and The Annual Parole Survey) as presented in **Correctional Populations in the United States, Annual**, **Prisoners in 2005** and **Probation and Parole in the United States, 2005**.

## Substance Use and Incarceration

| Measure | State Prisons(2004) | City/County Jails (2002) |
| --- | --- | --- |
| Drug/alcohol involved | N/A | 85% |
| Any prior drug use | 83% | 82% |
| Drug use month pre-arrest | 56% | 55% |
| Drug dependence/abuse | 53% | 68% |
| Current offense: drug possession | 28% | N/A |

**Source: Bureau of Justice Statistics**

## Percent of Total Burden of Infectious Disease Found Among People Passing Through Correctional Facilities, 1997

**AIDS****	****  39,000****	**** 247,000****	****16%****	**
**HIV Infection (non-AIDS)****	****  112,000****–****158,000****	**** 503,000****	****22 ****–****31%**
**TOTAL HIV/AIDS****	****  151,000****–1****97,000****	**** 750,000****	****20****–****26%**
**Current/Chronic **
**Hepatitis B Infection****	****  155,000****	**** 1,000,000****–****1,250,000****	****12****–1****6%**
**Hepatitis C Infection****	****  1,300,000****–1****,400,000****	**** 4,500,000****	****29****–****32%**
**TB Disease****	****  12,000****	**** 32,000****	****38%**

**Condition****	****Estimated Number ****	****Total Number in ****	****Releasees w/  ****	****Releasees ****	****U.S. Population ****	****Condition as % **
**	****w/ Condition, 1997 ****	****w/ Condition ****	****of N in Total Pop.  ****	****	****	****w/ Condition**

**Source:   Hammett et al., *****Am J Public Health***** 2002;92:1789-94.**

## Some Recent Trends in Correctional HIV/AIDS Policies

## Changes in Mandatory HIV Screening Policies For All Inmates At Intake:  1985–2005

**Note:  2005 total includes three state systems that did not respond to 2005 survey but are known to have mandatory testing.****Source:  NIJ/CDC surveys**

**Notes:**
Between the first NIJ survey in 1985 and 1989 the number of state/federal correctional systems with mandatory HIV testing increased from 8 percent to 29 percent and has remained fairly stable since then. 
Between the first NIJ survey in 1985 and 1989 the number of state/federal correctional systems with mandatory HIV testing increased from 8 percent to 29 percent and has remained fairly stable since then. 

## HIV Testing Policies For All Inmates at Admission (1997–2005)

**Notes:**
Mandatory	Inmates must be tested.
Routine	Inmates are tested unless they specifically refuse.
Offered	Inmates are regularly and routinely offered the opportunity to test, and those with risk factors are encouraged to be tested.
On Request	Inmates are not tested unless they specifically request testing.
No Testing	Testing is not offered.
No Policy	System does not have a policy regarding testing this category of inmate.

## “Comprehensive”* HIV/AIDS Education and Prevention Programs in Correctional Systems

**                                   **_**% With “Comprehensive” Programs**_
**	****	****     **_**2005**_**	****	**_**1997**_**	**
**State/Federal Prison Systems ****	****      2%****	****	**** 10%**
**City/County Jail Systems ****	****	****       6% ****	****	**** 5%**
***Provides all of the following in all of its facilities:  instructor-led education, peer-led programs,  and multi- session prevention counseling.**
**Source:  NIJ/CDC Surveys**

## Harm Reduction in Correctional Settings?

**Condom provision: 2 state prison systems, 5 jail systems;   little change in 15 years.**
**Methadone maintenance: 1 jail system (NYC); Pilots in RI (J. Rich), Puerto Rico (R. Heimer).**
**Needle/syringe exchange:  some programs in Europe, Iran; all evaluation results positive.**
**The Harm Reduction Debate +: encourages/facilitates not just risky but prohibited behavior. Most correctional administrators do not want to admit that prohibited behavior occurs.**
**WHO guidelines, 1997: access to means of prevention; community standard applies to correctional facilities.**

## Drug Treatment Need vs. Number of State and Federal Inmates in Treatment

- National Center on Addiction and Substance Abuse, _Behind Bars:  Substance Abuse and America’s Prison Population_, Page 11;
- SAMHSA, _Substance Abuse Treatment in Adult and Juvenile Correctional Facilities_, Page 16.

## Discharge Planning

**Inmates approaching release may be offered a range of discharge planning services**
**The most common, but least effective, approach is to provide referral lists for services.**
**Specific appointments for releasees are more effective but much less common.  **
**Linkages are more limited for people being released from city/county jails than state/federal prisons. **

##  Conclusions

**Disproportionate share of infectious disease (16%–38%) found among people passing through correctional facilities; ~3% of U.S. population spend time in a prison or jail each year.**
**Correctional facilities are critical settings for prevention and treatment interventions.**
**Interventions to date have not have not taken advantage of this opportunity, especially HIV  testing, education/prevention programs, drug treatment, and discharge planning/community linkages.**
**Confidentiality and the rights of inmates must be respected in all policies, particularly expansion of testing.**
**Collaborations among correctional, public health, and community-based organizations are needed to implement appropriate and effective HIV/AIDS policies and interventions in correctional settings.**