THIS BLOG is NOW RETIRED

I began this blog in May 2009 following the death of Marcia Powell at Perryville State Prison in Goodyear, Arizona. It is not intended to prescribe the path that leads to freedom from the prison industrial complex.

Rather, these are just my observations in arguably the most racist, fascist, militaristic state in the nation at a critical time in history for a number of intersecting liberation movements. From Indigenous resistance to genocidal practices, to the fight over laws like SB1070 and the ban on Ethnic Studies, Arizona is at the center of many battles for human rights, and thus the struggle for prison abolition as well - for none are free until all are. I retired the blog in APRIL 2013.

Visit me now at Arizona Prison Watch or Survivors of Prison Violence-AZ
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Showing posts with label unshackle. Show all posts
Showing posts with label unshackle. Show all posts

Tuesday, July 13, 2010

National HIV/AIDS Strategy released today

This comes from the HIV Prevention Justice Alliance via the CHAMP Network (Community HIV/AIDS Mobilization Project). They also run the "UNSHACKLE" project, which specifically addresses HIV/AIDS behind bars and has lined up in support of a number of other prisoner-rights issues. The UNSHACKLE list-serve is a tremendous resource for anyone seriously interested in HIV/AIDS in prison - as is their website.

This announcement is for Obama's press conference later today, but several links are embedded in it that will be useful for awhile (such as this one: nationalaidsstrategy.org) so read on:

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Dear Friend of CHAMP,

Over the past three years, we have been fighting together for a National HIV/AIDS Strategy.

Today, it will be launched by President Obama.

We invite you to join us in ensuring the Strategy becomes a tool for HIV Prevention Justice.

TODAY: The press conference launching the Strategy (2 pm Eastern) will be a live webcast from the White House complex at WhiteHouse.gov/live. Join us for a LIVE BLOG at www.preventionjustice.org DURING the webcast to share your thoughts, analysis, and ideas. President Obama will also speak on the Strategy via live webcast at 6 pm.

We have been told by numerous people involved in the creation of the strategy that we MUST "hold their feet to the fire" on implementation. If we agree that the Strategy has key elements that reflect human rights and principles of HIV Prevention Justice, you can rely on the HIV Prevention Justice Alliance to join together in action to demand implementation and monitoring. Thus, we will make sure you have all available materials to help analyze and act on the Strategy.

Below, you will find the information for:

- TODAY's live web broadcast and the HIV Prevention Justice Alliance Live Blog of the Strategy launch (as well as the link for watching the President's address on the Strategy at 6 pm ET).

- resources for evaluating the Strategy and/or leveraging its release for local use.

- an invitation to a conference call sponsored by the Coalition for a National AIDS Strategy.

- the New York Times story from yesterday's paper with leaks from the Strategy itself.

As the Strategy launches today, know that it was your dedication, passion and voices that demanded its creation. And know that we must stay in the fight if it is to succeed. Our thanks to you, and our invitation to move forward together.

Yours in the struggle,

David, Dazon, Julie, Pat, Waheedah, Walt and all of us at CHAMP and the HIV Prevention Justice Alliance

1) TODAY: webcasts and liveblog:

On Tuesday, July 13, Health and Human Services Secretary Kathleen Sebelius and White House officials will unveil the Obama Administration's National HIV/AIDS Strategy. Watch the presentation of the plan online at WhiteHouse.gov/live at 2:00 p.m. ET. Open another web browser window and join the HIV Prevention Justice Alliance Live Blog at the same time at www.preventionjustice.org.

Later, President Barack Obama will deliver remarks at a White House reception honoring the HIV/AIDS Community. The President's address can also be viewed online at WhiteHouse.gov/live at 6:00 p.m. ET.

2) How to get the Strategy, and tools for evaluating and leveraging it:

From the Coalition for a National AIDS Strategy:

On Tuesday afternoon, the Strategy will be posted online at: WhiteHouse.gov/ONAP. To help prepare community members for the announcement, the Coalition for a National AIDS Strategy developed this Guide to Communicating about the Strategy, which offers ideas on how to leverage the plan to garner local and national attention for urgent issues in our communities. Other helpful resources include the Gender Monitoring Toolkit and Report Card developed by a coalition of groups to evaluate and monitor the Strategy from a human rights and gender perspective. Moving Beyond the Status Quo summarizes the recommendations of an independent working group to improve chances the Strategy is effective. Other community recommendations for the plan are posted at nationalaidsstrategy.org.

3) Conference call to discuss the Strategy:

The Coalition for a National AIDS Strategy will host a community conference call on Tuesday, August 10 at 2:00 p.m. ET to share community reactions to the Strategy, report on the International AIDS Conference taking place later this month in Vienna, and discuss advocacy steps needed to move implementation of the Strategy forward. The HIV Prevention Justice Alliance will ensure you have the details on how to join.

3) New York Times Story:

Obama to Outline Plan to Cut H.I.V. Infections

By ROBERT PEAR
New York Times
July 12, 2010

WASHINGTON - Pwill unveil a new national strategy this week to curb the AIDS epidemic by slashing the number of new infections and increasing the number of people who get care and treatment.

"Annual AIDS deaths have declined, but the number of new infections has been static and the number of people living with H.I.V. is growing," says a final draft of the report, obtained by The New York Times.

In the report, the administration calls for steps to reduce the annual number of new H.I.V. infections by 25 percent within five years. "Approximately 56,000 people become infected each year, and more than 1.1 million Americans are living with H.I.V.," the report says.

Mr. Obama plans to announce the strategy, distilled from 15 months of work and discussions with thousands of people around the country, at the White House on Tuesday.

While acknowledging that "increased investments in certain key areas are warranted," the report does not propose a major increase in federal spending. It says the administration will redirect money to areas with the greatest need and population groups at greatest risk, including gay and bisexual men and African-Americans. The federal government now spends more than $19 billion a year on domestic AIDS programs.

On average, the report says, one person is newly infected with H.I.V. every nine and a half minutes, but tens of thousands of people with the virus are not receiving any care. If they got care, the report says, they could prolong their own lives and reduce the spread of the virus to others. By 2015 the report says, the United States should "increase the proportion of newly diagnosed patients linked to clinical care within three months of their H.I.V. diagnosis to 85 percent," from the current 65 percent.

The first-ever national AIDS strategy has been in the works since the start of the administration. It comes in the context of growing frustrations expressed by some gay rights groups. They say that more money is urgently needed for the AIDS Drug Assistance Program, and they assert that the White House has not done enough to secure repeal of the law banning military service by people who are openly gay or bisexual.

The report tries to revive the sense of urgency that gripped the nation in the first years after discovery of the virus that causes AIDS. "Public attention to the H.I.V. epidemic has waned," the report says. "Because H.I.V. is treatable, many people now think that it is no longer a public health emergency."

The report calls for "a more coordinated national response to the H.I.V. epidemic" and lays out specific steps to be taken by various federal agencies.

Mr. Obama offers a compliment to President George W. Bush, who made progress against AIDS in Africa by setting clear goals and holding people accountable.

The program begun by Mr. Bush, the President's Emergency Plan for AIDS Relief, "has taught us valuable lessons about fighting H.I.V. and scaling up efforts around the world that can be applied to the domestic epidemic," the report says.

Mr. Obama's strategy is generally consistent with policies recommended by public health specialists and advocates for people with H.I.V. But some experts had called for higher goals, more aggressive timetables and more spending on prevention and treatment.

The report makes these points:

¶ Far too many people infected with H.I.V. are unaware of their status and may unknowingly transmit the virus to their partners. By 2015, the proportion of people with H.I.V. who know of their condition should be increased to 90 percent, from 79 percent today.

¶ The new health care law will significantly expand access to care for people with H.I.V., but federal efforts like the Ryan White program will still be needed to fill gaps in services.

¶ Federal spending on H.I.V. testing and prevention does not match the need. States with the lowest numbers of H.I.V./AIDS cases often receive the most money per case. The federal government should allocate more of the money to states with the highest "burden of disease."

¶ Health officials must devote "more attention and resources" to gay and bisexual men, who account for slightly more than half of new infections each year, and African-Americans, who account for 46 percent of people living with H.I.V.

¶ The H.I.V. transmission rate, which indicates how fast the epidemic is spreading, should be reduced by 30 percent in five years. At the current rate, about 5 of every 100 people with H.I.V. transmit the virus to someone in a given year.

If the transmission rate is unchanged, the report says, "within a decade, the number of new infections would increase to more than 75,000 per year and the number of people living with H.I.V. would grow to more than 1.5 million."

The report finds that persistent discrimination against people with H.I.V. is a major barrier to progress in fighting the disease.

"The stigma associated with H.I.V. remains extremely high," it says. "People living with H.I.V. may still face discrimination in many areas of life, including employment, housing, provision of health care services and access to public accommodations."

The administration promises to "strengthen enforcement of civil rights laws" protecting people with H.I.V.

One political challenge for the administration is to win broad public support for a campaign that will focus more narrowly on specific groups and communities at high risk for H.I.V. infection.

"Just as we mobilize the country to support cancer research whether or not we believe that we are at high risk of cancer and we support public education whether or not we have children," the report says, "fighting H.I.V. requires widespread public support to sustain a long-term effort."

Thursday, December 3, 2009

UNSHACKLE: HIV Testing In Jails.

Dear UNSHACKLE list members,

Below are summaries of two studies of HIV testing in jails, with links to the full text.

This information came to me via Robert Malow, who does an excellent service of sending comprehensive, digested information on recent published studies on HIV prevention. He can be reached at rmalow@bellsouth.net.

Very best,

Julie

Julie Davids

Co-Director
Community HIV/AIDS Mobilization Project (CHAMP)
New York, NY / Providence, RI
www.champnetwork.org

(212) 937-7955 x 70 / (646) 431-7525 mobile

"When it comes to prevention, we do not have to choose between values and science….We
should lift the federal ban on needle exchange, which could dramatically reduce rates of
infection among drug users.”
                   Barack Obama, Open letter to
                   LGBT Americans, November 2007


_____

Routine Opt-Out HIV Testing Strategies in a Female Jail Setting: A Prospective Controlled Trial

Ravi Kavasery, Duncan Smith-Rohrberg Maru, Joshua Cornman-Homonoff, Laurie N. Sylla, David Smith, Frederick L. Altice*

Yale University School of Medicine, Section of Infectious Diseases, AIDS Program, New Haven, Connecticut, United States of America

 PLoS ONE 4(11): e7648. doi:10.1371/journal.pone.0007648

Abstract 
Background
Ten million Americans enter jails annually. The objective was to evaluate new CDC guidelines for routine opt-out HIV testing and examine the optimal time to implement routine opt-out HIV testing among newly incarcerated jail detainees.

Methods
This prospective, controlled trial of routine opt-out HIV testing was conducted among 323 newly incarcerated female inmates in Connecticut's only women's jail. 323 sequential entrants to the women's jail over a five week period in August and September 2007 were assigned to be offered routine opt-out HIV testing at one of three points after incarceration: immediate (same day, n = 108), early (next day, n = 108), or delayed (7 days, n = 107). The primary outcome was the proportion of women in each group consenting to testing.

Results
Routine opt-out HIV testing was significantly highest (73%) among the early testing group compared to 55% for immediate and 50% for 7 days post-entry groups. Other factors significantly (p = 0.01) associated with being HIV tested were younger age and low likelihood of early release from jail based on bond value or type of charge for which women were arrested.

Conclusions
In this correctional facility, routine opt-out HIV testing in a jail setting was feasible, with highest rates of testing if performed the day after incarceration. Lower testing rates were seen with immediate testing, where there is a high prevalence of inability or unwillingness to test, and with delayed testing, where attrition from jail increases with each passing day.

======

A Prospective Controlled Trial of Routine Opt-Out HIV Testing in a Men's Jail


Ravi Kavasery, Duncan Smith-Rohrberg Maru, Laurie N. Sylla, David Smith, Frederick L. Altice*

Section of Infectious Diseases, AIDS Program, Yale University School of Medicine, New Haven, Connecticut, United States of America

PLoS ONE 4(11): e8056. doi:10.1371/journal.pone.0008056

Approximately 10 million Americans enter jails annually. The Centers for Disease Control and Prevention now recommends routine opt-out HIV testing in these settings. The logistics for performing routine opt-out HIV testing within jails, however, remain controversial. The objective of this study was to evaluate the optimal time to routinely HIV test newly incarcerated jail detainees using an opt-out strategy.

Methods
This prospective, controlled trial of routine opt-out HIV testing was conducted among 298 newly incarcerated male inmates in an urban men's jail in New Haven, Connecticut. 298 sequential entrants to the men's jail over a three week period in March and April 2008 were assigned to be offered routine opt-out HIV testing at one of three points after incarceration: immediate (same day, n = 103), early (next day, n = 98), or delayed (7 days, n = 97). The primary outcome was the proportion of men in each group consenting to testing.

Results
Routine opt-out HIV testing was significantly higher for the early (53%: AOR = 2.6; 95% CI = 1.5 to 4.7) and immediate (45%: AOR = 2.3; 95% CI = 1.3 to 4.0) testing groups compared to the delayed (33%) testing group. The immediate and early testing groups, however, did not significantly differ (p = 0.67). In multivariate analyses, factors significantly associated with routine opt-out HIV testing were assignment to the ‘early’ testing group (p = 0.0003) and low (bond ≥$5,000, immigration or federal charges or pre-sentencing >30 days) likelihood of early release (p = 0.04). Two subjects received preliminary positive results and one of them was subsequently confirmed HIV seropositive.

Conclusions
In this men's jail where attrition was high, routine opt-out HIV testing was not only feasible, but resulted in the highest rates of HIV testing when performed within 24 hours of incarceration.
=======  

Int J Public Health. 2009 Dec 1. [Epub ahead of print]

Monday, September 21, 2009

Our Bodies, Growing Older, in Prison.

Join this list-serve. These folks are awesome.

----
Dear UNSHACKLE friends,

I came across an article on aging in prison the other day, and was reminded of a moving paper by Donna Willmott (Legal Services for Prisoners with Children) on the health of older women in California prisons, which was presented at a workshop on 'Women, Incarceration and Human Rights' at Emory University early this year.


You can download Legal Services for Prisoners with Children's report Dignity Denied: The Price of Imprisoning Older Women in California on the conditions of confinement for the more than 350 women over the age of 55 in state prisons, and makes several policy recommendations including early release:
The Executive Summary is also pasted below.

All my best,
Laura
--
Laura McTighe
Director of Project UNSHACKLE
Community HIV/AIDS Mobilization Project (CHAMP)
80-A Fourth Avenue
Brooklyn, New York 11217
lmctighe@champnetwork.org
Office: (212) 937–7955, Ext. 20
Cell: (215) 380-5556
Fax: (401) 633-7793

www.champnetwork.org/unshackle

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Dignity Denied: The Price of Imprisoning Older Women in California
Executive Summary

A Report by Legal Services for Prisoners with Children
1540 Market Street, Ste. 490
San Francisco CA 94102
(p) 415-255-7036 (f) 415-552-3150
For more information contact Heidi Strupp (ext. 321) or Donna Willmott (ext. 319).


Elder prisoners are costly to care for, yet research indicates that many of these older inmates represent a relatively low risk of re-offending and show high rates of parole success. We estimate that [releasing nonviolent prisoners over 55] would result in state savings of approximately 9 million in the budget year and significantly more in the out-years without jeopardizing public safety. – Legislative Analyst’s Office, 2003.1

Some older inmates may be good candidates for community placement. Perhaps some who committed murder a long time ago truly no longer pose a threat to society. – California Department of Corrections, 1999.2

Prisons are alien and intimidating to the sensitivities and vulnerabilities of old age and illness. In short, providing care in prison settings poses significant challenges to ethical and effective medical practice. - National Institute of Corrections, 2004.3

Staff says all inmates are to be treated just alike. There is no differentiation, whether you’re old, crippled or whatever. – Myrtle Green, 73

The only fear I’ve got is dying in prison. – Martha Roberts, 824


Aging Prisoner Crisis
California legislators currently face an urgent fiscal crisis generated by the graying of the state’s prison population. Because of “tough on crime” policies such as mandatory minimum sentences, the “Three Strikes” law, and a general reluctance to release long-term prisoners on parole, more Californians are growing older in prison than ever before. Additionally, prisons are not geared to the specific needs and vulnerabilities of older people.

The continued incarceration of frail elders – who represent the smallest threat to public safety but the largest cost to incarcerate – embodies failed public policy. California policymakers have an opportunity to create meaningful solutions to this crisis by taking measures to ensure the rights and dignity of older prisoners and create community-based alternatives to their incarceration. Such measures are in accordance with a social commitment to ensuring that society’s elders live out their lives in dignity, and are ultimately in the interest of building a safer California.


Scope of the Problem
§  According to the most recent statistics, the state incarcerated approximately 7,550 persons over the age of 55.5 It is estimated that by 2022, more than 30,000 older persons will be incarcerated in California.6
§  The annual cost of incarcerating an older prisoner is nearly double that of a younger prisoner, approximately $70,000 a year.7
§  Older prisoners have the lowest rates of recidivism of any segment of the prison population and have the highest rates of parole success.8
§  Older prisoners face a unique set of health and safety concerns as they grow old in a system not designed to address their specific needs.

Concerned by this situation, Legal Services for Prisoners with Children (LSPC), a prisoner advocacy organization, spent nearly two years investigating the health and safety concerns of older women prisoners. As part of the investigation, LSPC surveyed 120 women prisoners over 55 incarcerated in the California state prison system, which represents approximately 34% of over 55 female prison population. Additionally, LSPC conducted a series of semi-structured interviews with older women prisoners, their families and friends. The results of this investigation as well as policy recommendations are presented in our report Dignity Denied: The Price of Imprisoning Older Women in California.


Summary of Findings
§  Older prisoners must contend with prison rules that require them to drop to the ground for alarms, climb onto top bunks, and undress for strip searches. Additionally, the built environment (for example, the limited number of bottom bunks, cells without handrails, and long-distance walks to the dining hall) contributes to making life difficult for older people.
§  Most older women prisoners are housed eight to a cell with only minimal consideration for an individual’s age, health status, or physical limitations. While many older women articulate the frustrations of overcrowding, noise, lack of privacy, and intergenerational tensions, they also reaffirm the importance of maintaining social relationships with younger prisoners.
§  There is no retirement age in the CDCR; all but the most ill and disabled prisoners are required to work or participate in a prison program. Failure by prison staff to adequately consider an individual’s age, abilities, health status, and physical limitations when issuing job assignments routinely puts older prisoners at risk for injury.
§  The CDCR’s systemic failure to provide humane medical care was a prominent theme in the surveys. Respondents cited several issues: the barrier to care imposed by the $5.00 co-pay, long delays in receiving treatment, difficulties in obtaining medication in a timely manner, lack of preventative care, inadequate nutrition, and lack of mental health services.
§  Older women reported a pervasive fear of abuse, from both fellow prisoners and staff.
§  Nearly half of older women responded “yes” to questions that are indicators of depression. The majority identified outside support of family and friends as their greatest source of emotional support during their incarceration.


Statistics at a Glance
§  Three out of four respondents are serving sentences of either Life or Life Without Parole. (n = 90/120)
§  Almost half of respondents have been in prison more than 16 years. (n = 56/120)
§  Half of respondents identified domestic violence as a factor in their crime. (n = 61/120)
§  Over half of respondents report falling in the last year. (n = 61/120)
§  Nearly half of respondents report being injured performing a prison routine, such as climbing onto top bunks, dropping to the ground for alarms, undressing for strip searches. (n = 51/120)
§  One out of four respondents reported difficulty getting help during an emergency. (n = 33/120)
§  Two out of three respondents report being assigned to a prison job difficult to perform, such as janitorial positions, yard crew and kitchen duty. (n = 73/120)
§  Nearly half of respondents experience difficulties paying the $5 co-pay.(n = 51/120)


Recommendations
LSPC presents two categories of recommendations: measures to reduce the number of older prisoners, and short-term recommendations to ameliorate the conditions of confinement faced by older prisoners. Geriatric prisons are not a recommended solution because of CDCR’s troubled history of providing specific and specialized care to its most vulnerable prisoners. Highlighted recommendations follow.


Reduce the Numbers of Older Prisoners:
§  Implement the Legislative Analyst’s Office (LAO) recommendation to save the state over $9 million dollars in a single year by releasing all nonviolent prisoners over 55 on geriatric parole.
§  Expand the Compassionate Release law to include older and disabled prisoners.
§  Establish a home monitoring program for older prisoners to serve the remainder of their sentences on home confinement.
§  Reform current parole policies to ensure release for eligible prisoners serving indeterminate sentences
§  Repeal California’s “Three Strikes Law” to curb the exponential increase of the elderly prisoner population.


Improve the Lives of Older Prisoners:
§  Establish training for correctional staff on working with older prisoners.
§  Appoint an ombudsperson who reports directly to the legislature about CDCR’s progress in enforcing new policies aimed at meeting the specific needs of older prisoners.
§  Establish a yearly comprehensive geriatric assessment for prisoners over 55.
§  Establish an “over 55” status affording older prisoners age-specific consideration and assistance regarding housing, programming, and activities of daily life.
§  Designate a certain number of cells within the general population housing units as “over 55” cells.
§  Establish a retirement policy for prisoners coupled with the development of age-appropriate activities.
§  Work with community volunteers and organizations to establish age-appropriate programs and activities specially geared to seniors.
§  Conduct health education classes available to prisoners on aging that include information about the unique health and psychosocial issues faced by older people.
§  Eliminate the $5 co-pay prisoners are required to pay for medical visits.
§  Allow pre-release prisoners to apply for MediCal benefits prior to release to ensure that benefits begin immediately upon release.
§  Establish case managers to coordinate pre-release planning and post-release services designed to address the specific concerns of elderly parolees.


References:
1 Legislative Analyst’s Office, Analysis of the 2003-4 Budget Bill, Judiciary and Criminal Justice, Department of Corrections, February 2003.
2 California Department of Corrections, An Internal Planning Document for the California Department of Corrections, Older Inmates: The Impact of an Aging Inmate Population on the Correction System, Chris Cummings, 1999.
3 U.S. Department of Justice, National Institute of Corrections, Correctional Health Care: Addressing the Needs of Elderly, Chronically Ill and Terminally Ill Inmates, NIC No. 018735, February 2004.
4 Not her real name.
5 California Department of Corrections, Data Analysis Unit, Prison Census Data as of December 31, 2004, Ref. No. CENSUS1, February 2005, Table 5.
6 Legislative Analyst’s Office, Analysis of the 2003-4 Budget Bill, Judiciary and Criminal Justice, Department of Corrections, February 2003.
7 U.S. Department of Justice, National Institute of Corrections, Correctional Health Care: Addressing the Needs of Elderly, Chronically Ill and Terminally Ill Inmates, NIC No. 018735, February 2004.
8 Jonathon Turley. Statement of Professor Jonathan Turley: California’s Aging Prison Population, Before a Joint Hearing of the Senate Subcommittee on Aging and Long Term Care, Senate Committee of Public Safety, and the Senate Select Committee on the California Correctional System, February 25, 2003.

1540 Market Street, Suite 490, San Francisco, CA 94102
(p) 415-255-7036 (f) 415-552-3150




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Join Project UNSHACKLE's HIV and Imprisonment Strategy List!
To subscribe, please go to: https://lists.mayfirst.org/mailman/listinfo/unshackle

Sunday, September 20, 2009

Criminalizing HIV: Iowa

From the UNSHACKLE list-serve (link at bottom to join):
-------------------

Dear UNSHACKLE friends,

Many of you have been following the conversation on HIV criminalization spurred by the case of an Iowa man who was sentenced in May to 25 years in prison and a lifetime on parole for criminal transmission of HIV in a case in which the one-time consensual partner did not contract HIV.


The most recent article, Man with HIV calls Iowa’s transmission law ‘a sledgehammer looking for a thumbtack’, is pasted below.

One critical issue that the article highlights is that while knowledge about HIV has increased in the decade since Iowa (and many other states) wrote its criminal transmission law, the law itself remains untouched. 

Previous Iowa Independent articles on this issue can be found through the following links:

  1. HIV-positive man’s prison sentence shines light on Iowa law
  2. Iowa courts stand firm on HIV transmission law
  3. Considering changes to Iowa’s HIV transmission law may make sense, but hesitation persists


All my best,
Laura

--
Laura McTighe
Director of Project UNSHACKLE
Community HIV/AIDS Mobilization Project (CHAMP)
80-A Fourth Avenue
Brooklyn, New York 11217
lmctighe@champnetwork.org
Office: (212) 937–7955, Ext. 20
Cell: (215) 380-5556
Fax: (401) 633-7793

www.champnetwork.org/unshackle




---------------------------

Man with HIV calls Iowa’s transmission law ‘a sledgehammer looking for a thumbtack’
http://iowaindependent.com/17716/man-with-hiv-calls-iowas-transmission-law-a-sledgehammer-looking-for-a-thumbtack

By Lynda Waddington 9/15/09 11:22 AM

IOWA CITY — Sitting across a kitchen table from Donald Baxter, it’s easy to see that he is one of those people who would be described as being comfortable in his own skin. He laughs easily, both at life and at himself. While he describes himself as opinionated, he’s quick to credit his time as a “southern liberal” for the development of the trait. He’s one of those people who wants to make a difference, especially when he encounters injustice.

An interesting person with a history that spans from civil rights activities in Alabama and Georgia to clashes with local law enforcement in Iowa City, Baxter’s life story alone would likely be enough to prompt this article. But that’s not the reason for this interview. The unfortunate reality is that Baxter is one of about 3,000 people in living Iowa who are identified by the state as dangerous weapons worthy of regulation.

Sixteen years ago this month, Baxter learned that he was HIV positive.

Looking Back
“I like to tell people that I got HIV from doing what I thought I was supposed to be doing,” he said. “That is, I was living in a supposedly monogamous relationship. At the time, I don’t even quite know what I was thinking about the possibility of the person I was seeing being HIV positive. I think, looking back on it, I probably knew.

“I was doing HIV testing counseling. I was telling people how to have safe sex — mostly young men who were going out to bars and picking up men that maybe they didn’t know very well. That wasn’t what I was doing. Still, I ultimately was not following my own advice.”

Baxter, who was then a resident of Atlanta, had been living with another man for roughly three years, and, for a variety of reasons, the couple was aware that the relationship was coming to a close. Baxter made plans to get tested in September, a yearly activity he did in conjunction with his birthday. Although he asked his boyfriend to come with him and be tested, the man refused. The couple broke up shortly after that, and before Baxter learned that he was HIV positive.

“He may have known and he may just have not wanted to tell me,” Baxter said. “Ultimately … it was my responsibility. I mean, this person did not give me HIV. I got it from him. I got it by the decisions that I made not to be safe or to be as safe as I could have been.”

That attitude of personal responsibility toward his own disease has sparked Baxter’s interest about Iowa’s criminal law regarding HIV, which is among the second-most-serious felonies that can be committed in the state. Although the law is titled “Criminal transmission of human immunodeficiency virus,” the reality is that actual transmission of the disease is not required for there to be a criminal act. A person who is aware of his/her HIV positive status, according to the law, can be charged with criminal transmission for engaging in intimate contact with another person, providing bodily fluids or organs or sharing non-sterile drug paraphernalia. The only defense for a person with a positive status who is charged with the offense is to prove that status was disclosed prior to the offending action.

In the 11 years since Iowa began prosecuting behavior that could result in transmission of HIV, a total of 36 individuals have faced charges. Of those, 24 have been convicted and have received sentences ranging from a few months on probation to several decades in prison. Baxter, who bit another man during a bicycle-vehicle traffic dispute in Iowa City, was considered for prosecution under the law.

Iowa Impact
“This guy was poking me in the face. One of his jabs went into my mouth and I bit down hard,” Baxter said. “I didn’t even think about it. I wasn’t thinking that I was HIV positive and that I shouldn’t be doing it. I was just thinking that this guy just shoved his f***ing finger in my mouth.”

Baxter had been riding his bicycle on a street near the University of Iowa. The man was driving a van, and, according to Baxter, came up too close behind him, honked and moved into the other lane to pass before pulling abruptly back in front of him, effectively cutting him off. When the man then made a turn and came to a stop outside the school of pharmacy building on campus, Baxter followed and confronted him.

“I hit the side of his window — still straddling my bike — and he gets out of the van. He reaches back between the front seats and gets a four-foot-long windshield scraper and starts beating the hell out of my face,” Baxter said. “His wife comes out of the building and she tried to get him to stop, but he pushed her and she fell down.”

Baxter, who admitted to confronting the driver, was charged several weeks later with assault causing injury, a serious misdemeanor. Nearly a year later, and following a jury trial, Baxter was found guilty and ordered to pay fines, complete community service and take an anger management class.

“When I was sentenced, which I think was about two weeks after the trial, I was pretty shocked. I had actually deluded myself into thinking that I could win it,” Baxter explained. “When we lost our motion to suppress [my] HIV [status] at trial, my lawyer told me we lost the case. He said that he had been at a wedding in Davenport over the weekend and just sort of threw this out as a hypothetical. As soon as the HIV status came up there was absolutely no sympathy for me whatsoever. The people at the wedding thought that I put this person in jeopardy.”

Whether or not Baxter did place the man in jeopardy is a subject of contention. Most virus experts agree that the possibility of transmitting HIV through saliva or other bodily fluids that are not blood is minuscule, but no one is ready to definitively say the disease cannot be transferred by those means. Also the Iowa law is written with a broad brush, encompassing any and all bodily fluids, and making no exceptions for condom use or viral loads, information the medical community has acknowledged as playing a large role in possible transmission.

On a personal level, Baxter took at least two lessons away from the incident. First, Iowa law makes it difficult for a person who initiates a confrontation to later claim that he/she was acting in self-defense. And, second, “if you have HIV, you lose your right to self-defense.”

“I think that I would have stood a pretty good chance of winning the case if it was not for HIV,” he said, adding that his status creates an odd circumstance of living. “Really, HIV, despite the fact that it in some ways sort of runs my life, I’ve never been ill from it.”

Sledgehammers and Thumbtacks
Baxter, who is in his 50s and remains an avid bicyclist, is in physically better shape than many men half his age. He manages his disease by taking medications — four pills a day, usually before he goes to bed. The worst health he has known as a result of the disease is attributed to the initial side effects of the medications before his body adjusted to them.

“My ideal HIV law would probably not require transmission, but it would require intent,” he said. “I think that intent certainly has to be a factor. It should be difficult [to convict] … I mean, beyond a reasonable doubt, right?”

Baxter also advocates moving Iowa laws closer to those in neighboring Illinois. That state did not write a criminal code specific to HIV, but used existing public health laws to deal with any crimes associated with sexually transmitted diseases.

“I think the law we have here is a sledgehammer that is mostly looking for a thumbtack. I think the latest thumbtack was Nick Rhoades,” Baxter said in reference to a Black Hawk County case earlier this year where a 34-year-old man was sentenced to 25 years in prison following a one-time consensual encounter that did not result in transmission.

“I get no impression from him other than the fact that he is probably a 34-year-old man who is not a paragon of responsibility. He obviously has had some substance abuse issue, which is actually pretty common in the gay community. He is not a criminal, and his sentence angers me on a couple of fronts. He’s probably never transmitted HIV to anybody, let alone the person who made this complaint against him. As a taxpayer in the state of Iowa I also realize that we are probably spending between $65,000 and $70,000 per year to keep him behind bars. That pisses me off. That would piss me off if I weren’t HIV positive.”

Although knowledge about HIV has increased in the decade since Iowa wrote its criminal transmission law, the law itself remains untouched. Baxter acknowledges that another decade will bring more knowledge and perhaps changes.

“Yes, we are learning more and, as older judges and prosecutors are replaced by younger ones, there will likely be changes,” he said. “So, yes, I think that time will take care of this — but how much time?"



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