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Federal judge Myron H. Thompson, of
the Middle District of Alabama, plans to rule before Thanksgiving on the
legality of isolating HIV-positive inmates from other prisoners. In September,
the judge held a trial in a class action suit brought by the American Civil
Liberties Union (ACLU) against the Alabama Corrections Department on behalf of
the HIV-positive inmates. The Alabama Corrections Department believes that
separating HIV-positive inmates will prevent HIV transmission among inmates,
and reduce medical costs. The department is concerned that the virus will
spread through consensual sex, rape, or blood, such as when inmates give each
other tattoos. Alabama and South Carolina are the only two states that still
separate inmates with HIV.
Inmates are tested when they enter
Alabama prisons. Of 26,400 inmates, approximately 270 have tested positive.
Inmates who test positive are placed in special dormitories in two prisons: men
are sent to the Limestone Correctional Facility and women to the Julia Tutwiler
Prison for Women. There, inmates have air conditioned dormitories and private
cells, but they are subject to the following restrictions: they eat alone and
not in the cafeteria, they wear white plastic armbands identifying them as HIV
positive, they are not allowed to work in jobs around food, they cannot live in
dormitories for elderly or religious inmates, they cannot transfer to prisons
closer to their families, and until three years ago, they could not attend
prison-wide church services.
The state claims that by confining
HIV-positive patients to two prisons, they are able to provide good care as
fewer doctors are needed and the prisons can become centers for excellence,
attracting HIV specialists. Both sides agree that the state provides
high-quality care. The state claims that they could not provide the current
level of care if inmates were spread across the state, but medical experts note
that isolation is not necessary, as other states provide treatment to
HIV-positive inmates at all facilities.
HIV positive inmates testified at
the trial that prison workers bullied and ridiculed them, and they were subjected
to embarrassment and abuse. In addition, Margaret Winter, associate director of
the ACLU’s National Prison Project, commented that being within visiting
distance of family and having real work experience are two of the most
important factors for successful reentry, but the HIV-positive inmates are
being denied those opportunities.
The Friends of AIDS Foundation is
dedicated to enhancing the quality of life for HIV positive individuals and
empowering people to make healthy choices to prevent the spread of the HIV
virus. To learn more about The Friends of AIDS Foundation, please visit: http://www.friendsofaids.org.
TOGETHER WE REMAIN STRONG!
