ARE HIV TEST RESULTS PERTINENT TO THE DETERMINATION OF PAROLE?
According to the dictionary, “pertinent” means relevant. Webster’s New International Dictionary of the English Language, at 1830 (2d. Ed. G & C Merriam-Webster 1938). Section 77-27-13 requires the Department to furnish the Board with relevant medical information. HIV seropositivity may be relevant to the parole board in limited situations but, under the ADA, an inmate’s seropositivity cannot be used to deny parole or add special conditions. New York has a detailed statutory and administrative scheme that specifically gives members of the Board of Pardons and parole agents access to HIV information. N.Y. Pub. Health Law, ยง 2782 (McKinney 1993).7 New York restricts the use of HIV information to processing humanitarian releases and assisting parolees to obtain treatment and social service benefits.8 These also would be legitimate functions of the Utah Board of Pardons and Parole. Since the parole board can use HIV information in this legally appropriate manner, it would constitute pertine
