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3 Crim. Just. Pol'y Rev. 1 (1989)

handle is hein.journals/cjpr3 and id is 1 raw text is: CJPR, VOL. 3, NO. 1, 3/89, pp. 001-027 lup AIDS On Parole: Dilemmas In Decision Making John Kleinig John Jay College of Criminal Justice Charles Lindner John Jay College of Criminal Justice Abstract Parole practices and policies with respect to confidentiality, public respon- sibility, institutional accountability and managerial duty have been placed under new scrutiny as a result of the AIDS pandemic. This paper attempts to articulate some of questions that have arisen, focusing particularly on their moral dimensions, and seeks to provide responses that balance the plural responsibilities that parole officers and policy-makers have to releasees and their families, to other parole officers and to the public. The dramatic arrival of AIDS has posed an unanticipated challenge- legally, administratively and morally-to many well-established social rou- tines and institutional practices. Its debilitating and fatal effects, its long incu- bation period, its mode of transmission and the rapidity with which it has spread, our relative ignorance of its natural history and the lack of a cure, have created a social climate sometimes approaching hysteria, and have called into question longstanding liberal democratic values. The policies and procedures of parole have not been insulated from these challenges. Indeed, the prevalence of AIDS among jail and prison inmates has placed the parole system directly in the line of fire. Situations have now arisen in which common practices have been forsaken or challenged because of the threat allegedly posed by inmates with AIDS. The purported threat has brought the issues of confidentiality, public responsibility, institutional accountability and managerial duty into new focus, providing practitioners and policy-makers with decision-making quandaries for which their past cir- cumstances appear not to have adequately prepared them. In the following pages, we focus on several of these quandary situations, and attempt to spell out and assess some of the options they pose for parole officers and policy-makers. Necessarily, our discussion is limited. In particular, we have had to leave

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