Addressing the Unique Mental Health Needs of Female Inmates with HIV: What Services are Required Under the Constitution and the Americans with Disabilities Act?

Abstract:     
This article outlines the unique mental health needs of HIV infected female inmates, including the types of mental health intervention shown to be effective in treating HIV-related neuropsychological disturbances. Additionally, this Articles explores the type of prison mental health services that are mandated to be provided by the Eighth Amendment to the United States Constitution, which guarantees that prisoners be free from cruel and unusual punishment. This article further discusses the possible impact of Pennsylvania Department of Corrections v. Yeskey, in which the Supreme Court held that the Americans with Disabilities Act (ADA) applies to state prison systems. Finally, the Article discusses how prisons will likely have to respond to the mental health needs of HIV-positive female inmates in order to be in compliance with the requirements of both the ADA and the Eighth Amendment.

Number of Pages in PDF File: 44

Accepted Paper Series