Prison Law Blog

Sara Mayeux

Posts Tagged ‘jon ozmint

More on the Poisonous Punditry Surrounding South Carolina’s HIV-Segregation Policy

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Yesterday I blogged about the latest teapot-tempest in the online echo chamber: outrage over the DOJ’s threatened lawsuit over South Carolina’s policy of segregating HIV-positive inmates (outrage which seems to be motivated by a desire to score political points against the Obama Administration rather than genuine concern for inmates, and which seems to be informed by little to no research into the broader issue of prison transmission of HIV/AIDS). Today I just wanted to highlight one particular passage from J. Christian Adams’s Washington Examiner column:

The DOJ is in a lose-lose situation. Even if DOJ wins a lawsuit, sources tell me South Carolina is simply going to cancel all of the special testing, treatment and counseling, thereby saving the state $2 million a year.

Instead, the state will dump infected prisoners into the general population, and nobody will know they have AIDS. Worse, prisoners who come to prison with HIV/AIDS will never know they have the disease and their lives will be shortened because the testing program will end.

Special counseling would end, too.

First, note how both Adams and his “sources” (seemingly SC’s prison director, Jon Ozmint) conflate mandatory testing, forced disclosure of status, and residential segregation with the far less objectionable — indeed, laudable — practices of providing testing, counseling, and treatment for HIV-positive prisoners. Second, note that Adams’s “sources” have either been unfairly paraphrased or, if paraphrased accurately, are just posturing, because Ozmint surely well knows that the system he oversees has an Eighth Amendment obligation not to exhibit “deliberate indifference” towards prisoners’ known, serious medical needs. While the case law is mixed on prisons’ specific obligations towards inmates diagnosed with HIV/AIDS, it’s a safe bet that cutting off literally “all” testing, treatment, and counseling for such inmates would not pass Eighth Amendment muster.

Finally, note how both Adams and Ozmint utterly ignore the real issue here, which is not about medical treatment, but basic principles of fairness and due process: South Carolina’s policy means that, purely by virtue of a diagnosis, HIV-positive prisoners in South Carolina may serve longer and harsher sentences than their non-HIV-positive counterparts who’ve committed similar crimes. As reported by Human Rights Watch: Read the rest of this entry »

Sorting the Punditry from the Facts on the South Carolina Prison System’s HIV-Segregation Policy

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The DOJ Civil Rights Division has threatened to sue South Carolina over its policy of segregating HIV-positive inmates from the rest of the prison population — an outdated practice in which South Carolina, along with Alabama, is now virtually alone among the states. (Mississippi abolished its HIV-segregation policy a few months ago.) Here’s the response of Jon Ozmint, the director of South Carolina’s prison system:

“This is about left-wing politics controlling the United States Justice Department,” Ozmint said. “This is about whether you want more AIDS or less AIDS.”

Never mind that, as Adam Serwer points out, the ACLU and Human Rights Watch have documented a host of ways in which the segregation of HIV-positive prisoners imposes additional punishment and hardship on top of their judicially-mandated sentence, or that the World Health Organisation has said the practice is “costly, inefficient, and can have negative health consequences for segregated prisoners.” Never mind that 44 of the U.S. prison systems that once segregated HIV-positive inmates, pursuant to policies adopted in the early days of the epidemic, no longer do so. Ozmint’s position has been hailed by at least one pundit as a vanguard policy, “effective and humane,” and Ozmint himself as “refreshing” for describing being incarcerated as “a voluntary activity.” One blog, in a particularly odious formulation, accuses the DOJ of seeking to enshrine “HIV transmission” as a “‘civil right.'” A blogger at the Daily Caller writes, “The Justice Department wants you to get AIDS and die.”

The notion underlying this punditry — that the only way prisons can prevent the transmission of HIV is to cordon off HIV-positive inmates and subject them to additional stigma and isolation — rests on some very ugly assumptions about prisoners, HIV-positive men and women, and the responsibilities of prison guards to protect those in their charge. The notion is also belied by the reality that 48 states and the federal prison system do not segregate HIV-positive inmates. Read the rest of this entry »

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