26-d-2 Right to Testing Upon Request

• Library: A Jailhouse Lawyer's Manual (2020 Edition)

26-D-2. Right to Testing upon Request

(a) HIV Testing

Many states provide HIV tests for prisoners upon request. If you are denied a test, you might consider challenging the denial as a violation of the correctional facility's own policy. In New York State prisons, you will be offered a test when you first enter the facility. Also, anonymous testing (where you do not include your identity) is available through the Criminal Justice Initiative ("CJI").⁸⁷

If you are a federal prisoner, you can request HIV testing, but only once per year.⁸⁸ More than one federal court does not recognize a constitutional right to HIV testing, especially if you cannot allege specific exposure to HIV.⁸⁹ But, even in those courts, you may have an Eight Amendment claim if you belong to a...