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September 14, 2006
A NEW PUSH IN CONGRESS FOR TESTING PRISONERS
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U.S. Representative Maxine Waters (D-CA) |
On September 7, U.S. Representative Maxine Waters (D-CA) unveiled H.R. 6038, the Stop AIDS in Prison Act of 2006. The AIDS epidemic in prisons is grossly under-addressed, and the willful negligence is devastating communities of color. Waters is currently the Chair of the Congressional Black Caucus's Domestic AIDS Task Force and has fiercely fought for high-level recognition of the AIDS crisis among African Americans. This particular effort, however, may do more to stir up heated debate than to protect African-Americans.
Among the hubbub at the International AIDS Conference in Toronto, it was easy to miss Waters announcing her support for policies mandating HIV testing for prisoners when they enter or exit correctional facilities. But she followed through on her conviction when she returned to Washington, issuing press releases and colleague letters calling for mandatory testing. Mandatory testing in any setting is a contentious issue among African-American leaders, including those working specifically on HIV/AIDS.
"Our official position is we oppose mandatory testing in all cases, including in prisons, but I think we'll be revisiting this position and I don't know where we'll go," said Phill Wilson, the Black AIDS Institute's executive director.
"The truth is we're not facing the same epidemic we had in 1991 or even 1981. Many strategies to combat AIDS have failed our people," he said. Wilson emphasized that any policy on prisoner testing would need to be comprehensive and include access to care and treatment services and link inmates and those being returned to the community with HIV-related services.
The proposed legislation actually sets up an "opt-out" system that requires prisons to conduct an HIV test unless a prisoner refuses. An "opt-out" system in the context of prisons is unlikely to be perceived by prisoners as optional, but more importantly, the government has not put the time and resources to implement a voluntary testing system. Calls for mandatory testing presume that prisoners will refuse testing, but evidence shows that people will choose to know their status when testing is available in the context of education, counseling, and access to treatment. We have not even tried to implement such a model in prisons. Mandatory testing and its cousin, the "opt-out" plan, are efforts at addressing a public health crisis that reinforces the very powerlessness that renders prisoners and other high-risks populations disproportionately vulnerable to infection.
This focus on testing not only violates best practices and human rights but also diverts funding and attention from providing prevention, treatment and care. For the disproportionate number of people in prisons, these services and education are also grossly absent or inaccessible in their communities as well.
Housing Works President Charles King said, "I am shocked and horrified that someone so committed to seeing an end to the AIDS epidemic would feel compelled to call for intrusive and coercive measures against prisoners when we are yet to hold the prison system accountable for doing its fundamental job both in regard to prevention and care."
"There are no condoms; no needles. As it is, care and treatment for prisoners who are HIV+ is atrocious. A push for testing that respects the rights of prisoners needs to be anchored in new funding for treatment and care," he concluded.
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