Laura M. Maruschak
BJS Statistician
June 2025
NCJ 309975
Introduction
At yearend 2023, an estimated 12,460 (1.1%) persons in the custody of state and federal correctional facilities were known to be living with HIV in 2023. The population of state and federal prisoners living with HIV fell for 23 straight years, from a peak of 25,980 at yearend 1998 to 11,810 at yearend 2021, before increasing in 2022 and 2023 (figure 1). Between yearend 2019 and yearend 2020, the number of persons in custody living with HIV decreased from 14,180 to 12,060, which was the largest 1-year decline (down 2,120) observed since data collection began in 1991. The number declined again between yearend 2020 and yearend 2021 (down 250 persons). By yearend 2023, the number had increased by 390 between 2021 and 2022 and another 260 between 2022 and 2023. The annual changes observed in persons in custody living with HIV between 2019 and 2023 mirrored the changes observed in the overall state and federal prison population, resulting in a relatively stable percentage of persons in custody living with HIV.
Figure 1. Persons living with HIV and rate of HIV per 100,000 persons in the custody of state and federal correctional authorities, yearend 1991–2023
Note: See appendix table 1 for estimates.
Source: Bureau of Justice Statistics, National Prisoner Statistics, 1991–2023.
Highlights
- At yearend 2023, an estimated 12,460 persons in the custody of state and federal correctional authorities were known to be living with HIV, an increase of 2% from yearend 2022 (12,200).
- From yearend 2022 to yearend 2023, the number of males in state and federal prison living with HIV increased from 11,500 to 11,710 (up 2%), and the number of females increased from 700 to 750 (up 7%).
- Of the 50 jurisdictions reporting their HIV testing practices in 2023, 58% (29) conducted opt-out HIV testing during intake.
- All 50 reporting jurisdictions offered an HIV test under one or more circumstances to persons in the custody of state and federal correctional authorities in 2023.
- In 2023, 52% (26) of the 50 reporting jurisdictions tested for HIV at discharge only if the inmate requested a test.
About this report
Findings in this report are based on the 1991–2023 Bureau of Justice Statistics’ National Prisoners Statistics (NPS) program, which collects prisoner data from state departments of corrections and the Federal Bureau of Prisons. See Methodology for information about the data collection and study design.
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HIV among persons in state and federal prison
At yearend 2023, an estimated 12,460 persons in the custody of state and federal correctional authorities were known to be living with HIV, an increase of about 2% from yearend 2022 (12,200) (table 1). This increase largely reflected the increase of persons in state prison living with HIV, from 10,900 to 11,200 persons. Offsetting the increase was the small decline (down 36) from 1,298 to 1,262 persons living with HIV in federal prison.
Number living with HIV | Percent of prison population living with HIVa | ||||||||||
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Jurisdiction | 2019 | 2020 | 2021 | 2022 | 2023 | 2019 | 2020 | 2021 | 2022 | 2023 | |
U.S. totalb,c | 14,180 | 12,060 | 11,810 | 12,200 | 12,460 | 1.2% | 1.2% | 1.1% | 1.1% | 1.1% | |
Federald | 1,477 | 1,144 | 1,216 | 1,298 | 1,262 | 1.0% | 0.9% | 0.9% | 0.9% | 0.9% | |
Stateb,c | 12,700 | 10,920 | 10,600 | 10,900 | 11,200 | 1.2% | 1.2% | 1.2% | 1.2% | 1.2% | |
Alabama | 195 | 179 | 185 | 217 | 284 | 0.9 | 1.0 | 1.0 | 1.0 | 1.3 | |
Alaskae | 20 | 20 | 20 | 20 | 20 | 0.5 | 0.5 | 0.5 | 0.5 | 0.5 | |
Arizona | 217 | 265 | 191 | 185 | 294 | 0.6 | 0.9 | 0.7 | 0.8 | 1.2 | |
Arkansas | 138 | 117 | 127 | 135 | 158 | 0.9 | 0.8 | 0.9 | 0.9 | 1.0 | |
California | 953 | 720 | 780 | 755 | 752 | 0.8 | 0.8 | 0.8 | 0.8 | 0.8 | |
Colorado | 141 | 93 | 97 | 114 | 116 | 0.7 | 0.6 | 0.6 | 0.7 | 0.7 | |
Connecticute | 114 | 70 | 103 | 107 | 110 | 1.0 | 0.8 | 1.1 | 1.1 | 1.1 | |
Delawaree | 59 | 40 | 38 | 49 | 34 | 1.2 | 0.9 | 0.8 | 1.1 | 0.7 | |
Florida | 2,271 | 1,930 | 1,863 | 1,980 | 1,903 | 2.8 | 2.8 | 2.8 | 2.8 | 2.6 | |
Georgia | 767 | 632 | 574 | 634 | 656 | 1.8 | 1.7 | 1.6 | 1.7 | 1.7 | |
Hawaiie | 19 | 18 | 16 | 15 | 18 | 0.5 | 0.6 | 0.5 | 0.5 | 0.6 | |
Idaho | 23 | 31 | 37 | 39 | 25 | 0.3 | 0.5 | 0.5 | 0.5 | 0.3 | |
Illinois | 346 | 205 | 195 | 324 | 209 | 0.9 | 0.7 | 0.7 | 1.1 | 0.7 | |
Indiana | 229 | 205 | 213 | 144 | 166 | 1.0 | 1.0 | 1.1 | 0.8 | 0.9 | |
Iowa | 34 | 38 | 30 | 40 | 48 | 0.4 | 0.5 | 0.4 | 0.5 | 0.6 | |
Kansas | 38 | 7 | 45 | 48 | 41 | 0.4 | 0.1 | 0.5 | 0.6 | 0.4 | |
Kentucky | 75 | 58 | 53 | 65 | 68 | 0.7 | 0.6 | 0.6 | 0.7 | 0.7 | |
Louisiana | 431 | 431 | 337 | 332 | 313 | 2.9 | 3.1 | 2.5 | 2.6 | 2.3 | |
Maine | 11 | 8 | 10 | 6 | 10 | 0.5 | 0.5 | 0.6 | 0.4 | 0.5 | |
Maryland | 280 | 211 | 271 | 212 | 235 | 1.5 | 1.4 | 1.8 | 1.4 | 1.5 | |
Massachusetts | 110 | 92 | 85 | 72 | 74 | 1.4 | 1.4 | 1.4 | 1.2 | 1.3 | |
Michigan | 354 | 208 | 212 | 198 | 220 | 0.9 | 0.6 | 0.7 | 0.6 | 0.7 | |
Minnesota | 58 | 43 | 36 | 45 | 47 | 0.7 | 0.6 | 0.5 | 0.6 | 0.6 | |
Mississippi | 234 | 205 | 210 | 213 | 204 | 2.3 | 2.6 | 2.5 | 2.1 | 1.9 | |
Missouri | 213 | 190 | 202 | 188 | 195 | 0.8 | 0.8 | 0.9 | 0.8 | 0.8 | |
Montana | 11 | 10 | 9 | 3 | 8 | 0.6 | 0.6 | 0.5 | 0.2 | 0.4 | |
Nebraska | 18 | 30 | 33 | 32 | 20 | 0.3 | 0.6 | 0.6 | 0.6 | 0.3 | |
Nevada | 113 | 118 | 138 | 106 | 108 | 0.9 | 1.1 | 1.4 | 1.1 | 1.1 | |
New Hampshire | 20 | 10 | 10 | 4 | 9 | 0.7 | 0.6 | 0.5 | 0.2 | 0.5 | |
New Jersey | 92 | 65 | 67 | 65 | 132 | 0.6 | 0.6 | 0.6 | 0.6 | 1.3 | |
New Mexico | 28 | 29 | 22 | 26 | 23 | 0.4 | 0.5 | 0.4 | 0.5 | 0.4 | |
New York | 679 | 495 | 415 | 432 | 427 | 1.6 | 1.4 | 1.4 | 1.4 | 1.3 | |
North Carolina | 353 | 416 | 400 | 438 | 434 | 1.0 | 1.4 | 1.4 | 1.5 | 1.4 | |
North Dakota | 8 | 7 | 11 | 9 | 10 | 0.5 | 0.6 | 0.8 | 0.6 | 0.7 | |
Ohio | 420 | 380 | 366 | 402 | 403 | 1.0 | 1.0 | 1.0 | 1.0 | 1.0 | |
Oklahoma | 89 | 94 | 124 | 136 | 141 | 0.5 | 0.5 | 0.7 | 0.8 | 0.7 | |
Oregon | 70 | 60 | 53 | 59 | 59 | 0.5 | 0.5 | 0.4 | 0.5 | 0.5 | |
Pennsylvania | 529 | 569 | 512 | 412 | 416 | 1.2 | 1.5 | 1.4 | 1.1 | 1.1 | |
Rhode Islande | 32 | 18 | 15 | 19 | 16 | 1.2 | 0.9 | 0.7 | 0.9 | 0.7 | |
South Carolina | 256 | 229 | 223 | 239 | 243 | 1.4 | 1.5 | 1.5 | 1.5 | 1.5 | |
South Dakota | 13 | 13 | 11 | 71 | 16 | 0.4 | 0.4 | 0.3 | 2.1 | 0.5 | |
Tennessee | 205 | 202 | 180 | 177 | 174 | 1.8 | 1.9 | 1.7 | 1.5 | 1.4 | |
Texas | 1,904 | 1,608 | 1,583 | 1,664 | 1,857 | 1.4 | 1.4 | 1.4 | 1.4 | 1.5 | |
Utah | 45 | 55 | 38 | 29 | 25 | 0.9 | 1.4 | 0.9 | 0.7 | 0.5 | |
Vermonte | 10 | 7 | 5 | 4 | 4 | 0.5 | 0.6 | 0.4 | 0.3 | 0.3 | |
Virginia | 276 | 276 | 256 | 252 | 274 | 1.0 | 1.2 | 1.2 | 1.1 | 1.2 | |
Washington | 68 | 64 | 55 | 45 | 53 | 0.4 | 0.4 | 0.4 | 0.3 | 0.4 | |
West Virginia | 30 | 21 | 23 | 23 | 33 | 0.5 | 0.5 | 0.5 | 0.4 | 0.6 | |
Wisconsin | 104 | 105 | 109 | 101 | 101 | 0.4 | 0.5 | 0.5 | 0.5 | 0.5 | |
Wyoming | 9 | 14 | 4 | 13 | 8 | 0.5 | 0.8 | 0.2 | 0.7 | 0.5 |
Note: Estimated data for states that did not report data are in red. See Methodology. For the total number of persons in the custody of state and federal correctional authorities, by jurisdiction, 2019–2023, see appendix table 4.
aYearend custody counts were used to calculate rates for all jurisdictions except New Mexico and Colorado. Custody counts exclude prisoners held in private facilities and local jails. See Methodology. See appendix table 4 for denominators used to calculate percentages.
bIncludes estimates of prisoners living with HIV in states that did not report data. See Methodology.
cEstimates were rounded to the nearest 10 after unrounded counts were summed.
dAs of December 31, 2001, persons sentenced for felony offenses from the District of Columbia were the responsibility of the Federal Bureau of Prisons; therefore, specific counts for the District of Columbia are not included in this table.
ePrisons and jails form one integrated system. Data include total prison and jail populations.
Source: Bureau of Justice Statistics, National Prisoner Statistics, 2019–2023.
From yearend 2022 to yearend 2023, the number of males in state and federal prison living with HIV increased from 11,500 to 11,710 (up 2%), and the number of females increased from 700 to 750 (up 7%) (table 2). Since 1993, the first year for which data are available by sex, the number of males living with HIV decreased by 41% (8,150 fewer at yearend 2023), and the number of females decreased by 62% (1,210 fewer at yearend 2023).
Year | Male | Female | ||||||||
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Total Number | Federal Number | State Number | Rate per 100,000 state and federal prisonersa | State and federal prison populationb | Total Number | Federal Number | State Number | Rate per 100,000 state and federal prisonersa | State and federal prison populationb | |
1993 | 19,860 | 870 | 18,990 | 2,314 | 858,093 | 1,960 | 90 | 1,870 | 3,818 | 51,287 |
1994 | 20,960 | 870 | 20,090 | 2,246 | 933,135 | 2,090 | 90 | 2,000 | 3,681 | 56,856 |
1995 | 22,170 | 750 | 21,420 | 2,185 | 1,014,425 | 2,350 | 80 | 2,270 | 3,666 | 63,986 |
1996 | 21,940 | 860 | 21,080 | 2,074 | 1,057,749 | 2,370 | 90 | 2,280 | 3,379 | 70,006 |
1997 | 22,030 | 930 | 21,100 | 1,996 | 1,104,027 | 2,400 | 100 | 2,300 | 3,256 | 73,586 |
1998 | 23,250 | 970 | 22,280 | 2,028 | 1,146,317 | 2,730 | 100 | 2,630 | 3,496 | 78,041 |
1999 | 23,380 | 1,049 | 22,330 | 2,056 | 1,137,099 | 2,560 | 107 | 2,460 | 3,308 | 77,479 |
2000 | 22,910 | 1,193 | 21,720 | 1,994 | 1,149,052 | 2,600 | 109 | 2,490 | 3,300 | 78,805 |
2001 | 21,890 | 1,400 | 20,490 | 1,877 | 1,166,350 | 2,330 | 120 | 2,210 | 2,934 | 79,519 |
2002 | 21,830 | 1,431 | 20,400 | 1,823 | 1,197,279 | 2,280 | 116 | 2,170 | 2,705 | 84,402 |
2003 | 21,650 | 1,509 | 20,140 | 1,777 | 1,218,550 | 2,270 | 122 | 2,150 | 2,576 | 88,193 |
2004 | 21,060 | 1,568 | 19,490 | 1,698 | 1,240,092 | 2,100 | 112 | 1,990 | 2,289 | 91,841 |
2005 | 20,830 | 1,491 | 19,340 | 1,667 | 1,249,940 | 2,080 | 101 | 1,980 | 2,241 | 92,905 |
2006 | 20,520 | 1,425 | 19,100 | 1,603 | 1,279,973 | 2,200 | 105 | 2,100 | 2,254 | 97,640 |
2007 | 19,920 | 1,576 | 18,340 | 1,540 | 1,293,286 | 2,090 | 103 | 1,980 | 2,114 | 98,674 |
2008 | 19,850 | 1,460 | 18,390 | 1,530 | 1,297,790 | 1,930 | 78 | 1,850 | 1,957 | 98,616 |
2009 | 19,180 | 1,495 | 17,680 | 1,474 | 1,300,853 | 1,870 | 95 | 1,780 | 1,925 | 97,286 |
2010 | 18,510 | 1,498 | 17,010 | 1,424 | 1,299,313 | 1,780 | 80 | 1,700 | 1,838 | 97,060 |
2011 | 18,180 | 1,528 | 16,650 | 1,419 | 1,281,324 | 1,570 | 82 | 1,490 | 1,642 | 95,543 |
2012 | 17,670 | 1,518 | 16,150 | 1,412 | 1,251,858 | 1,500 | 83 | 1,420 | 1,616 | 92,938 |
2013 | 17,590 | 1,529 | 16,060 | 1,404 | 1,253,235 | 1,410 | 79 | 1,330 | 1,456 | 96,588 |
2014 | 16,410 | 1,483 | 14,930 | 1,320 | 1,243,692 | 1,310 | 81 | 1,230 | 1,343 | 97,377 |
2015 | 15,940 | 1,461 | 14,470 | 1,305 | 1,220,803 | 1,220 | 75 | 1,150 | 1,287 | 95,093 |
2016 | 14,740 | 1,431 | 13,310 | 1,227 | 1,201,416 | 1,010 | 61 | 950 | 1,068 | 94,612 |
2017 | 14,130 | 1,442 | 12,690 | 1,194 | 1,183,592 | 960 | 66 | 890 | 1,001 | 95,667 |
2018 | 13,940 | 1,478 | 12,460 | 1,198 | 1,163,201 | 980 | 76 | 900 | 1,028 | 95,247 |
2019 | 13,300 | 1,415 | 11,890 | 1,169 | 1,137,748 | 880 | 62 | 820 | 953 | 92,074 |
2020 | 11,400 | 1,105 | 10,290 | 1,176 | 969,050 | 660 | 39 | 620 | 958 | 69,223 |
2021 | 11,200 | 1,171 | 10,030 | 1,165 | 961,639 | 610 | 45 | 570 | 872 | 70,042 |
2022 | 11,500 | 1,254 | 10,240 | 1,163 | 989,096 | 700 | 44 | 660 | 948 | 73,876 |
2023 | 11,710 | 1,223 | 10,490 | 1,156 | 1,012,586 | 750 | 39 | 710 | 972 | 77,228 |
Note: Between one and eight states did not report the number of persons living with HIV, by sex, in each year of the 31-year period from 1993 to 2023. The Federal Bureau of Prisons (FBOP) did not report data from 1993 to 1998. Data were imputed through various methods for jurisdictions not reporting data; therefore, numbers presented are estimates. Numbers in red are estimates for the FBOP in years for which data were not reported. For state and U.S. totals, counts were rounded to the nearest 10 after unrounded estimates and reported counts were summed. See Methodology.
aBased on unrounded estimates of the number of prisoners who were known to be HIV-positive or had confirmed AIDS.
bYearend custody counts were used to calculate rates for all jurisdictions except New Mexico and Colorado. Custody counts exclude prisoners held in private facilities and local jails. See Methodology.
Source: Bureau of Justice Statistics, National Prisoner Statistics, 1993–2023.
HIV testing during intake process
Of the 50 jurisdictions reporting their HIV testing practices in 2023, 58% (29) conducted opt-out HIV testing during intake (map 1). With this practice, all those admitted to prison were offered and given the test unless they declined it. Twenty-six percent (13) of jurisdictions reported mandatory testing of persons admitted, and 6% (3) offered all prison admissions an HIV test that they had to opt in to receive.
Map 1. HIV testing practices of state and federal prison systems during the intake process, by jurisdiction, yearend 2023
Note: As of December 31, 2001, persons sentenced for felony offenses from the District of Columbia were the responsibility of the Federal Bureau of Prisons; therefore, specific testing practices for the District of Columbia are not included. Other HIV testing practices at intake reported by jurisdictions included not testing those who previously tested positive for HIV; testing upon request based on clinical indication; and reporting both opt-in testing and testing upon assessment. See appendix table 2.
Source: Bureau of Justice Statistics, National Prisoner Statistics, 2023.
HIV testing while in custody
All 50 reporting jurisdictions offered an HIV test under one or more circumstances to persons in the custody of state and federal correctional authorities in 2023 (table 3). HIV testing on the prisoner’s request—the most common testing practice for persons in custody—was reported by 92% (46) of jurisdictions. Eighty-eight percent (44) of jurisdictions in 2023 conducted HIV testing upon clinical indication, and 86% (43) provided the test after involvement in an incident. Thirty-six percent (18) of jurisdictions offered HIV tests during routine medical exams of persons in custody.
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Number of jurisdictions | 18 | 17 | 46 | 44 | 29 | 43 | 7 | |
Percent of reporting jurisdictions | 36% | 34% | 92% | 88% | 58% | 86% | 14% |
Note: Alaska did not report data on testing practices while prisoners were in custody. As of December 31, 2001, persons sentenced for felony offenses from the District of Columbia were the responsibility of the Federal Bureau of Prisons; therefore, specific testing practices for the District of Columbia are not included in this table. Other HIV testing practices while in custody included testing before, during, and after prisoner participation in a medication-assisted treatment program; after suspected exposure to bloodbourne pathogens; at regular intervals; during intrasystem transfers; and upon sentencing.
/Not reported.
Source: Bureau of Justice Statistics, National Prisoner Statistics, 2023.
HIV testing during discharge planning
In 2023, 52% (26) of the 50 reporting jurisdictions tested for HIV at discharge only if the inmate requested a test (map 2). Fourteen percent (7) of jurisdictions offered HIV testing to all persons being discharged. Another 14% (7) of jurisdictions reported other discharge testing practices to include but not limited to mandatory testing and testing within a period before release.
Map 2. HIV testing practices of state and federal prison systems during discharge planning, by jurisdiction, yearend 2023
Note: As of December 31, 2001, persons sentenced for felony offenses from the District of Columbia were the responsibility of the Federal Bureau of Prisons; therefore, specific testing practices for the District of Columbia are not included. Other HIV testing practices at discharge reported by jurisdictions included mandatory testing upon release or if granted parole; testing at discharge (unless known to be HIV positive); testing within 90 to 120 days of scheduled release; and testing upon request based on clinical indication. See appendix table 3.
Source: Bureau of Justice Statistics, National Prisoner Statistics, 2023.
Download data tables
Table 1. Persons living with HIV in the custody of state and federal correctional authorities, by jurisdiction, yearend 2019–2023 | Download csv (4K) |
Table 2. Persons living with HIV in the custody of state and federal correctional authorities, by sex, yearend 1993–2023 | Download csv (4K) |
Table 3. HIV testing practices of state and federal prison systems while in custody, by jurisdiction, yearend 2023 | Download csv (2K) |
Appendix table 1. Estimates for figure 1: Persons living with HIV and rate of HIV per 100,000 persons in the custody of state and federal correctional authorities, yearend 1991–2023 | Download csv (14K) |
Appendix table 2. Table for map 1: HIV testing practices of state and federal prison systems during the intake process, by jurisdiction, yearend 2023 | Download csv (11K) |
Appendix table 3. Table for map 2: HIV testing practices of state and federal prison systems during discharge planning, by jurisdiction, yearend 2023 | Download csv (12K) |
Appendix table 4. Number of persons in the custody of state and federal correctional authorities, by jurisdiction, 2019–2023 | Download csv (12K) |
Methodology
Started in 1926, the National Prisoner Statistics (NPS) program collects annual data on prisoners at yearend. The series collects data from the 50 state departments of corrections and the Federal Bureau of Prisons. The NPS includes yearend counts of prisoners (by jurisdiction, sex, race, and Hispanic origin), admissions, and releases during the year. In 1991, the Bureau of Justice Statistics (BJS) began using the NPS to collect data on the number of persons living with HIV or confirmed AIDS while in the custody of state and federal correctional authorities, and on HIV testing practices during the intake process, while in custody, and during discharge planning.
Imputation for nonreporting jurisdictions
Since BJS began collecting HIV data through the NPS, one to four jurisdictions per year have not reported the number of persons living with HIV in the custody of state and federal correctional authorities, and between one and nine jurisdictions have not reported the number of persons living with HIV by sex. To produce national and state totals of the number of persons living with HIV in prison, BJS imputed data for nonreporting jurisdictions. Nonreporting jurisdictions fell into two categories: those missing data for consecutive years either at the beginning (1991) or up to and including the end (2023) of the data collection period, and those missing data between years in which data were reported. See HIV in Prisons, 2021 – Statistical Tables for more details on imputation.
To produce national, federal, and state totals of the number of persons living with HIV in prison by sex, BJS imputed data for nonreporting jurisdictions. Estimates were calculated by applying the distribution of HIV cases by sex, for the most recent year of reported data to the reported or estimated total number of persons living with HIV.
Rate of HIV among persons in prison
To calculate the estimated rate of HIV per 100,000 state and federal prisoners, the estimated yearend count of persons in prison who had HIV was divided by the yearend custody population for each year and multiplied by 100,000. To have custody, a state or federal prison must physically hold that person in one of its facilities. Custody counts exclude persons held in private facilities or local jails. Yearend jurisdiction counts from 1991 to 1998 and yearend custody plus private facility counts from 1999 to 2023 were included in the denominator used to calculate New Mexico’s HIV rate because the state has been unable to separate the number of persons in its custody from the number under its jurisdiction or held in private facilities who were living with HIV. Yearend jurisdiction counts from 2016 to 2023 were included in the denominator used to calculate Colorado’s HIV rate because the state was unable to separate the number of persons in its custody from the number under its jurisdiction who were living with HIV.
How to cite this report
Bureau of Justice Statistics, "HIV in Prisons, 2023 – Statistical Tables," June 2025:
https://bjs.ojp.gov/web-report/hiv-prisons-2023-statistical-tables
The Bureau of Justice Statistics of the U.S. Department of Justice is the principal federal agency responsible for measuring crime, criminal victimization, criminal offenders, victims of crime, correlates of crime, and the operation of criminal and civil justice systems at the federal, state, tribal, and local levels. BJS collects, analyzes, and disseminates reliable statistics on crime and justice systems in the United States, supports improvements to state and local criminal justice information systems, and participates with national and international organizations to develop and recommend national standards for justice statistics.
This report was written by Laura M. Maruschak. Derek Mueller, PhD, and Stephanie Mueller verified the report.
Maureen Stuart edited the report. Vesela Kostadinova produced this report.
June 2025, NCJ 309975