Retiring Arizona Prison Watch...


This site was originally started in July 2009 as an independent endeavor to monitor conditions in Arizona's criminal justice system, as well as offer some critical analysis of the prison industrial complex from a prison abolitionist/anarchist's perspective. It was begun in the aftermath of the death of Marcia Powell, a 48 year old AZ state prisoner who was left in an outdoor cage in the desert sun for over four hours while on a 10-minute suicide watch. That was at ASPC-Perryville, in Goodyear, AZ, in May 2009.

Marcia, a seriously mentally ill woman with a meth habit sentenced to the minimum mandatory 27 months in prison for prostitution was already deemed by society as disposable. She was therefore easily ignored by numerous prison officers as she pleaded for water and relief from the sun for four hours. She was ultimately found collapsed in her own feces, with second degree burns on her body, her organs failing, and her body exceeding the 108 degrees the thermometer would record. 16 officers and staff were disciplined for her death, but no one was ever prosecuted for her homicide. Her story is here.

Marcia's death and this blog compelled me to work for the next 5 1/2 years to document and challenge the prison industrial complex in AZ, most specifically as manifested in the Arizona Department of Corrections. I corresponded with over 1,000 prisoners in that time, as well as many of their loved ones, offering all what resources I could find for fighting the AZ DOC themselves - most regarding their health or matters of personal safety.

I also began to work with the survivors of prison violence, as I often heard from the loved ones of the dead, and learned their stories. During that time I memorialized the Ghosts of Jan Brewer - state prisoners under her regime who were lost to neglect, suicide or violence - across the city's sidewalks in large chalk murals. Some of that art is here.

In November 2014 I left Phoenix abruptly to care for my family. By early 2015 I was no longer keeping up this blog site, save occasional posts about a young prisoner in solitary confinement in Arpaio's jail. I'm deeply grateful to the prisoners who educated, confided in, and encouraged me throughout the years I did this work. My life has been made all the more rich and meaningful by their engagement.

I've linked to some posts about advocating for state prisoner health and safety to the right, as well as other resources for families and friends.

until all are free -

MARGARET J PLEWS (June 1, 2015)
arizonaprisonwatch@gmail.com



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Showing posts with label criminalization of people with hiv/aids. Show all posts
Showing posts with label criminalization of people with hiv/aids. Show all posts

Thursday, June 5, 2014

De-criminalize Queerness and HIV: A Roadmap for Change!





"QUEER PRISON WALLS"
art by Margie Diddams / Photography by Margaret Jean Plews
Phoenix, AZ February 2013


Over the course of the past 12 months or so, I've had intensive correspondence with a number of gay men and transgender women imprisoned in the AZ Department of Corrections. Of all the stuff I've read on the LGBT community and criminalization, the best stuff seems to come from the prison abolitionists, like Dean Spade. This PDF is worth reading if you're studying or planning to act on issues related to the criminalization of LGBT people and people living with HIV.

A Roadmap for Change: Federal Policy Recommendations for Addressing the Criminalization of LGBT People and People with HIV by Catherine Hanssens, Aisha C. Moodie-Mills, Andrea J. Ritchie, Dean Spade, and Urvashi Vaid

the following graphic from American Progress introduces the document well...


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Infographic: Why Are So Many LGBT People and People Living with HIV Behind Bars?

The pervasive profiling, arrest, and incarceration of lesbian, gay, bisexual, and transgender, or LGBT, people and people living with HIV, or PLWH—especially those who are people of color—are not simply a response to higher rates of illicit behavior within those communities. The range of unequal laws and policies that dehumanize, victimize, and criminalize people because of their sexual orientation, gender identity, or HIV status perpetuates these high rates of contact with the criminal system. In fact, one study found that a startling 73 percent of LGBT people and PLWH have had run-ins with police in the past five years. 




Police, for example, often profile transgender women and use possession of condoms as evidence of prostitution-related offenses and grounds for arrest. Additionally, PLWH in 36 states can be charged with felonies for having consensual sex, biting, and spitting—even when there is no transmission of the virus. And LGBT youth are more likely to be arrested for status offenses—charges that relate to family rejection and hostile school climates, such as running away, sleeping outside, violating curfew laws, and truancy infractions—than criminal activity.

What’s more, LGBT people and PLWH often experience police misconduct such as false arrests and verbal, physical, and sexual abuse while in police custody. They also face harsh sentences, experience a lack of appropriate healthcare, and are sometimes placed in solitary confinement as a safeguard—although this isolation is often more punitive and stigmatizing than protective.

These cycles of criminalization and discriminatory treatment of LGBT people and PLWH often trigger a lifetime of economic and social instability. We can and must dismantle these cycles through federal policy measures that address abusive policing practices, improve conditions
for LGBT prisoners and immigrants in detention, decriminalize HIV, and prevent LGBT
youth from coming into contact with the system in the first place.

Learn more: A Roadmap for Change: Federal Policy Recommendations for Addressing the Criminalization of LGBT People and People with HIV by Catherine Hanssens, Aisha C. Moodie-Mills, Andrea J. Ritchie, Dean Spade, and Urvashi Vaid

Aisha C. Moodie-Mills is a Senior Fellow and Director of the FIRE Initiative at the Center for American Progress.

Tuesday, July 20, 2010

Fight HIV and HEP C with Sentencing Reform.

This is going down this week, folks. Wherever you are in the country, please call or e-mail your congressman today, and specify both HIV and HEP C as concerns. This action comes in from the Sentencing Project via our friends at UNSHACKLE.

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THIS WEEK: CALL ON CONGRESS
TO REFORM DRUG SENTENCING
TO FIGHT HIV/AIDS

This week, people in the worldwide fight against HIV/AIDS are gathering in Vienna for the International AIDS Conference. But there's important action we can take right here at home.

Members of the CHAMP Network and Project UNSHACKLE know that mass imprisonment is fueling the spread of HIV in this country. Obama's new National HIV/AIDS Strategy also notes the links between imprisonment and HIV:

Although the available data suggests that relatively few infections occur in prison settings, there is evidence that some people with HIV who had received medical care while incarcerated have difficulty accessing HIV medications upon release-affecting their health and potentially increasing the likelihood that they will transmit HIV. High rates of incarceration within certain communities can also be destabilizing. When large numbers of men are incarcerated, the gender imbalance in the communities they leave behind can fuel HIV transmissions by increasing the likelihood that the remaining men will have multiple, concurrent relationships with female sex partners. This, in turn, increases the likelihood that a single male would transmit HIV to multiple female partners.

CHAMP and Project UNSHACKLE believe that sentencing reform - meaning that less people are locked up, and for shorter periods - is a crucial part of the fight against HIV/AIDS.

Please join us in responding to this action alert from the Sentencing Project (below), calling on Congress to reform sentencing policies as a part of the fight against HIV/AIDS. When you make your calls, please be sure to say that the new National HIV/AIDS Strategy says that "High rates of incarceration within certain communities can also be destabilizing... and can fuel HIV transmissions":


Tell Congress To Vote Yes for Crack Cocaine Sentencing Reform

This week, the House of Representatives may vote on legislation, recently passed by the Senate, to reduce the 100 to 1 sentencing disparity between crack and powder cocaine to 18 to 1. The Fair Sentencing Act of 2010, S. 1789, would also eliminate the simple possession mandatory minimum (5 years for 5 grams without intent to distribute), limit the excessive penalties served by people convicted of low-level crack cocaine offenses, and increase penalties for high-level traffickers. The U.S. Sentencing Commission estimates the changes could reduce the federal prison population by 3,800 over 10 years.

Champions for sentencing fairness are urged to contact their representative in the House today to ask them to vote yes for the Fair Sentencing Act. Call the U.S. Capitol Switch Board at 202-224-3121 and ask for your representative. They will patch you through to the correct office.

Once you reach your representative, tell them you support the Fair Sentencing Act of 2010, S. 1789 because:

• The current 100 to 1 cocaine sentencing disparity is unfair. The five-year penalty for possessing as little as five grams of crack cocaine is the same for selling 500 grams of powder cocaine. The law imposes excessive prison sentences for low-level crack cocaine offenses that often exceed penalties for offenses involving powder cocaine trafficking.
• The current 100 to 1 cocaine sentencing disparity exacerbates racial disparity in federal prisons. Over 80% of those serving time for a crack cocaine offense are African American, despite the fact that two-thirds of users are white or Hispanic.
• The Fair Sentencing Act, S. 1789, is an historic opportunity to advance justice and restore faith in the criminal justice system.
• The Fair Sentencing Act will also save taxpayers money. Replacing the irrational 100:1 ratio with a new 18:1 ratio will save $42 million over five years, according to Congressional Budget Office.

When you have completed your call to your representative, please email kgotsch@sentencingproject.org and say how it went. Also, please consider forwarding this email to a friend.

Thank you for joining the effort to reduce the crack cocaine sentencing disparity. A broad consensus among criminal justice experts, law enforcement organizations, and policymakers has emerged that concludes the current 100 to 1 disparity cannot be justified. Organizations endorsing reform include: the NAACP; Leadership Conference on Civil and Human Rights; American Bar Association, American Civil Liberties Union; the National District Attorneys Association; and the Federal Law Enforcement Officers Association.



“The degree of civilization in a society can be judged by entering its prisons.”
- Fyodor Dostoyevsky (1821-1881)

Tuesday, May 4, 2010

Harm Reduction Strategies: Condoms in Prison.

From the National Commission on Correctional Health Care:

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


Prevention in Practice: Access to Condoms in California
By Mary Sylla, JD, MPH

Fall 2007


Providing inmates with access to condoms is controversial. To some it seems hypocritical—why would we give inmates condoms when it’s illegal to have sex in jail and prison?—and to others it seems like common sense, unless we pretend to ignore the fact that some sexual activity takes place in jails and prisons. There are clearly pros and cons and unusual challenges to adopting a harm reduction strategy in a law-and-order environment.


On Oct. 15, 2007, California Gov. Arnold Schwarzenegger vetoed the latest “prison condom bill” to hit his desk. But this time he directed the California Department of Corrections and Rehabilitation to determine the “risk and viability of such a program” by establishing a pilot program.


What follows is a review of the inmate condom access programs in two jails—one in Los Angeles and one in San Francisco—administered by the Center for Health Justice, a community-based nonprofit organization focused on HIV and incarceration, and ongoing research on those programs.


Condom Access: Pros and Cons
There are serious concerns about providing inmates with condoms. Introducing anything new into the security environment provides an additional potential tool for conducting illegal activities, including secreting contraband and assaulting staff with bodily fluids or excrement (called “gassing” in California).


Furthermore, in a rule-based environment it can be considered hypocritical to tell inmates it’s illegal to engage in sexual activity and then provide the means to “safely” engage in that activity. From this viewpoint it sends the wrong message. Condoms also could be used by assailants to prevent evidence of sexual assault from remaining.


But there are also reasons why provision of condoms to inmates might be a good idea. Even though it is illegal to have sex in jail or prison, that rule cannot be perfectly enforced in the many overcrowded and understaffed institutions in this country.


Both scientific evidence and popular media point to the fact that sexual activity takes place behind bars. Last year the CDC published in the Morbidity and Mortality Weekly Report a study that documented seroconversion during incarceration. Those who became HIV-infected were 8 to 10 times as likely as likely to report engaging in male-to-male sexual activity while in prison than those who did not.


The prevalence of known HIV among prisoners is extremely high, 5 to 7 times that of the general population. The very behaviors that put people at risk for HIV infection—injection drug use and sex work—are also behaviors that can lead to incarceration. In the United States, approximately one in four persons with HIV infection passes through a jail or prison each year, and many of those do not know they are infected. Therefore, a considerable number of HIV-infected inmates may unwittingly transmit their infection to others.


Where Are Condoms Provided?
Condoms are provided to inmates in county jails in Los Angeles, San Francisco, Washington, D.C., Philadelphia and New York, and in the state prisons in Vermont and Mississippi. The manner in which condoms are made available varies widely, and most reach only a small subset of the inmate population.


In Los Angeles, the Center for Health Justice distributes free condoms to a segregated gay male population only, one condom per week per inmate, a limit imposed by the Los Angeles Sheriff’s Department.


San Francisco’s Forensic AIDS Project (part of the Department of Public Health) distributes condoms upon request through its public health nurses in one-on-one health counseling sessions, one per person, per request, and upon release. Earlier this year the Center for Health Justice in San Francisco installed a condom dispensing machine—a vending machine set to require no payment—in a gym to which 800 inmates have access. About 70 condoms per week are taken from the machine.


In Washington, D.C., inmates in the D.C. jail system have access to free condoms during health education classes, voluntary HIV pretest or posttest counseling, or upon request to members of the health care staff. The jail’s health educator and staff of a community-based AIDS service provider distribute about 200 condoms to inmates each month.


In Philadelphia, inmates can get condoms from the medical services department or through the commissary.


Two Pilot Programs in California


The Los Angeles County Jail Model
The Los Angeles condom access program was the result of a unique set of circumstances: A new custody chief—who had just been promoted from medical services—approached the Center for Health Justice about the possibility of designing a program that could provide gay male inmates in dormitory-style housing units with access to condoms without involving custody staff or time.


The program today exists as it did when implemented: Once a week a health educator from the Center for Health Justice goes into each dorm, provides a brief, interactive HIV education session, explains the rules of the program (including that sex is still illegal in jail under California law and that the condoms are not to leave the dorm or they will be considered contraband) and hands one condom to each inmate who lines up to receive one.


Although the average has changed over time, the Center for Health Justice currently distributes about 120 condoms per week to the 300+ inmates in this unit.


To evaluate this program, 101 of the approximately 300 inmates who live in the unit for segregated gay males were asked a series of questions through a computer-assisted self-interview program. Although the formal data analysis has not been completed, interesting statistics compiled so far include that 93% of respondents were aware of the condom program and 82% had received at least one condom from the program. Fifty-three percent of respondents reported anal sex during the past 30 days—but despite access to condoms, 75% of those individuals said it was unprotected. The three top reasons for not using condoms were (1) my partner and I are both HIV negative (or positive), (2) I ran out of condoms and (3) I don’t like the way condoms feel.


Information was gathered about other methods of condom access: 66% preferred the current method of distribution; other methods of distribution cited were medical (41%), vending (10%) or canteen (8%).


Charles R. Drew University’s Nina Harawa, PhD, MPH, and the Center for Health Justice (with funding from the Institute for Community Health Research, itself funded by the California HIV/AIDS Research Program) are evaluating the pilot program to determine whether it is reducing sexual risk activity. The results of this evaluation will be finalized and published during the coming year, but they support the assertion that some risk-reduction is achieved in this population through access to condoms.


The San Francisco County Jail Model
In San Francisco, the Center for AIDS Prevention Studies and Olga Grinstead, PhD, MPH, are conducting research on a novel way to provide inmates with access to condoms that has been successful in other countries.


As mentioned above, in San Francisco, inmates have had access to condoms since 1987 through the Forensic AIDS Project. In the fall of 2006, the Center for Health Justice, Dr. Grinstead and the Forensic AIDS Project approached the sheriff of San Francisco about installing a condom dispensing machine, in part because of reports from Forensic AIDS Project staff that the demographic characteristics of the health educator seemed to influence whether a inmate being counseled took a condom. The Center for Health Justice sought to evaluate a method of providing access to condoms that is more anonymous as well as less staff-intensive.


The dispensing machine program and its pilot feasibility are being conducted by the Center for Health Justice in collaboration with the Forensic AIDS Project. The machine was installed in April 2007 in a gym to which 800 inmates have access every week for their three hours of recreation. Sheriff Michael Hennessey himself, to provide a large number of inmates with access to the machine, suggested the precise location.


Before the machine was installed, brief written surveys were conducted with inmates to elicit baseline information about their HIV status, knowledge of the existing condom program and risk behavior. Interviews were conducted with sheriff’s department staff to assess attitudes about condom access for inmates and to determine potential security concerns. Center for Health Justice staff also made presentations to all deputy staff and inmates affected by the program before the machine was installed. The same written survey and similar interviews were conducted after the machine was operational for four months.


The machine itself is a low-profile, tamper-resistant unit, designed to withstand break-in attempts. It dispenses condoms in a cellophane-wrapped paper box. Inside the box the condoms are enclosed in another cellophane wrapper. The “Condom Machine Rules” posted next to the machine indicate that condoms are to be removed from the box and carried only in the clear wrapper, with the condom inside visible.


During the study period the Center for Health Justice has successfully installed, stocked and maintained the condom machine. Data analyses of the pre- and post-surveys and interviews are currently underway. Preliminary data analyses indicate that inmate self-report of sexual activity did not increase during the study period. In addition, the custody staff have reported no increase in reported sexual activity or any other security problems related to increased condom access.


We have encountered few operational problems, the most notable falling on the staff restocking the machine: The machine was difficult to open and close for restocking and sometimes jammed. A new model of machine has been purchased to address these problems.


Condoms Coming Soon to a Facility Near You?
While controversial, there is a trend toward increased inmate access to condoms. The CDC now recommends that prison systems with existing condom distribution programs evaluate those programs, and those without such programs consider the feasibility of implementing them.


Gov. Schwarzenegger’s “friendly” veto of legislation requiring inmate access to condoms may result in a pilot project across the state. At the federal level, California Rep. Barbara Lee’s JUSTICE Act of 2007 (H.R. 178), modeled on the California bill, requires federal prisoners to have access to condoms. Even where legislation is not pending, jails and prisons are considering the issue.


Regardless, programs that involve corrections cannot be successful without the support of the administration of corrections systems. The best circumstances for risk reduction involve input at the development stage, and any success these programs have is a credit to the professionalism of the corrections staff in the facilities where they exist.


About the author: Mary Sylla, JD, MPH, is the director of policy and advocacy at the Center for Health Justice, based in West Hollywood and Larkspur, CA; http://healthjustice.net. This article is a written version of a presentation given at the National Conference on Correctional Health Care in Nashville on Oct. 17, 2007. It is a slightly abridged version of an article that appeared in the October-November issue of IDCR.

[This article first appeared in the Fall 2007 issue of CorrectCare.]

Tuesday, December 1, 2009

World AIDS Day: Punitive Laws Threaten HIV Progress

From Human Rights Watch, on global criminalization of People with HIV/AIDS:
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World AIDS Day: Punitive Laws Threaten HIV Progress
Focus on treatment as prevention requires respect for human rights
November 25, 2009

There is increasing evidence that antiretroviral treatment can be an important part of comprehensive prevention strategies. But if human rights abuses are unaddressed and punitive laws target people vulnerable to or living with HIV, the potential of treatment as prevention isn't going to be realized.
Joe Amon, Health and Human Rights director at Human Rights Watch
(New York) - HIV prevention efforts - and the promise of antiretroviral therapy as prevention - are being undermined by punitive laws targeting those infected with and at risk of HIV, Human Rights Watch said today on the eve of World AIDS Day.

This year's World AIDS Day theme is "universal access and human rights," tying together goals for universal access to HIV prevention, treatment, and care with recognition that respect for human rights is critical in the global response to AIDS. Achieving universal access to treatment has also been a key theme in debates over the past year around the use of antiretroviral treatment (ART) as a part of comprehensive HIV prevention strategies. Mathematical models have proposed that early initiation of universal antiretroviral treatment combined with HIV prevention programs could lead to the eventual elimination of HIV infection. "There is increasing evidence that antiretroviral treatment can be an important part of comprehensive prevention strategies," said Joe Amon, Health and Human Rights director at Human Rights Watch. "But if human rights abuses are unaddressed and punitive laws target people vulnerable to or living with HIV, the potential of treatment as prevention isn't going to be realized."
In many parts of the world, legislation effectively criminalizes populations living with HIV or vulnerable to HIV infection, such as sex workers, drug users, and men who have sex with men. These laws fuel stigma and discrimination, increase barriers to HIV information and treatment, and contribute to the spread of disease, Human Rights Watch said. Elsewhere, laws criminalizing HIV transmission discourage HIV testing, potentially subjecting those who know their HIV status to criminal penalties while exempting those who are unaware of their infection.

In early November, Human Rights Watch released a 10-page critique of a proposed Ugandan HIV/AIDS law, which includes mandatory HIV testing, forced disclosure, and criminal penalties for the "attempted transmission" of HIV to another person. The Ugandan Parliament is also considering a bill that allows for a seven year prison term for any person or organization who supports or promotes lesbian, gay, bisexual, or transgender people's rights. It would jail for up to three years anyone who fails to report a person they suspect of being lesbian or gay. A person living with HIV who has consensual homosexual sex would face the death penalty, regardless of risk of HIV transmission and even if their partner is also HIV-positive.

Since 2005, 14 countries in Africa have passed HIV-specific laws that potentially criminalize all sexual behavior among HIV-positive individuals, including those who use condoms, regardless of disclosure and actual risk of transmission. In a number of countries, maternal-to-child HIV transmission is a criminal offense, even where antiretroviral treatment may not be available. In Uganda, the draft legislation exempts HIV transmission before or during birth but allows for the prosecution of women whose infants acquire HIV from breast milk.

"HIV prevention has failed in many countries not because we don't know how to design effective prevention programs, but because governments have been unwilling to implement these programs and ensure that they reach everyone," Amon said. "The potential of HIV treatment in comprehensive prevention programs will be similarly sabotaged if governments continue to pass punitive laws and trample upon human rights."