HIV Testing of Indiana Prisoners Not Mandatory

Indiana Department of Correction officials say there are 126 known cases of HIV in the state's prisons. While they estimate that 1 percent of inmates -- roughly 215 people -- are HIV-positive, the actual number is not known. The reason for the uncertainty is that Indiana, like most states, does not have a state law that requires testing of inmates for HIV. A bill that would have required mandatory testing for HIV and hepatitis C of all people entering Indiana prisons passed the legislature this year. However, Gov. Frank O'Bannon vetoed it because of growing concern about the state's finances. A Legislative Services Agency report estimated the testing would cost $173,285 a year.

Indiana prisoners may receive HIV testing upon request. The National Conference of State Legislatures reports that only seven states have laws that mandate testing of inmates. About 13 more require testing under state health regulations. Hugh Potter, a public health advisor for the CDC said, "What we would recommend is you really want to improve your counseling and testing approaches to try to get as many people voluntarily tested as possible." Dr. Anne DeGroot, an expert on HIV in prisons, agrees with that approach. "With appropriate education, people who are potentially HIV-infected will see the reason why they should be tested," said DeGroot, editor of Brown University's HIV and Hepatitis Education Prison Project.

Many legislators also believe testing is necessary. Sen. Pat Miller (R-Indianapolis) said testing would help stop the spread of the disease and would be more cost-effective in the long run. "It's much more costly to treat someone with AIDS than it is to test someone and prevent the spread," said Miller, one of the sponsors of the mandatory-testing bill.

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