18 July 2007

California Assembly Bill 66 Will Save Lives*

The definition of “felon” ranges from someone convicted of a crime that carries a minimum sentence of one year in state or federal prison (Class E felony) to someone who commits a crime punishable by death (Class A felony). In some cases, judges have the discretion of sentencing felons to less than one year, if permitted by statute to do so. Theoretically, less severe felony convictions don’t carry a death sentence. Practically speaking, however, no matter how short the sentence, being incarcerated in a California prison can result in a different kind of “death sentence”–one caused by our existing approach to HIV/AIDS testing of incarcerated persons. This should be of concern not only to incarcerated populations and their families, but also to the broader community, because what impacts California’s prisoners while they are incarcerated, eventually impacts our families and communities when they are released from prison. This is particularly true for individuals who return to our communities with no knowledge that they have contracted the HIV/AIDS virus while in prison.

According to information provided by the Lambda Letters Project (LLP), an estimated 2% of inmates in California are infected with HIV/AIDS, and the incidence of HIV/AIDS is “five to ten times greater in prison than in the general population.” According to the CDCR, approximately 138,000 inmates enter and leave California institutions each year. As of July 15, 2007, 1,188 inmates were identified as HIV positive. When undiagnosed inmates are released back into our communities, they bring their health risks with them.

One important step in reducing the spread of HIV/AIDS among the prison population in California and ultimately within our communities, is the passage of Assembly Bill (AB) 66. AB 66, which is currently under review in the Senate Public Safety Committee, would ensure that inmates are tested for HIV between 30 and 60 days after entry into a California facility and at least 60 days prior to the expected date of discharge from a facility. In addition, if the results of the discharge test were positive for HIV, the Chief Medical Officer would be required to inform the inmate's parole officer within 30 days of receiving the results.

Ignoring the spread of HIV-AIDS among California’s prison population is a costly, even deadly, endeavor for all of us. As the Lambda Letters Project notes, “HIV/AIDS … presently affects over 800,000 people in our country alone. California is currently the second most infected state in the nation.” One study cited by LLP estimates the annual cost of providing for the care of a person living with HIV/AIDS at $25,200 a year. In poorer communities and in communities of color—those most impacted by incarceration rates—the prohibitive cost of HIV/AIDS treatment is itself a death sentence.

It is imperative that we ensure that inmates have accurate and appropriate information about their HIV/AIDS status in order to reduce the spread of the disease within the prison system and, ultimately, to reduce the spread within our communities in general. AB 66 adds an additional level of protection for the inmates and our communities because it removes the arbitrary nature of HIV testing in prisons. AB 66 provides for HIV/AIDS testing for all California inmates upon entrance and exit of the prison system. All inmates are treated equally–meaning all communities are protected equally.

AB 66 is good legislation for families and communities across California.

*A major source for this article is the Lambda Letters Project analysis of AB 66. (www.lambdaletters.org)