The Bay Area Reporter - May 30, 1995
Virge Parks, ACT UP/Golden Gate Writer's Pool

AB1408 would streamline the current process used by the California Department of Correction (CDoC) to release prisoners who are terminally ill or physically incapacitated. Under current law, prisoners often die before their cases are ever heard. Over 350 male prisoners are known to have died of AIDS-related causes alone at the men's prison in Vacaville between June 1985 and January 1995. Among other things, AB1408 will set firm time limits for the CDoC and courts to respond to prisoners' applications and establish standardized medical criteria for eligibility.

Rachel Maddow of the AIDS Legal Referral Panel and the Prison Issues Working Group sums up the intent of the legislation: "AB1408 doesn't propose releasing violent thugs on the streets. It simply recognizes the right of prisoners to die with dignity and in the company of loved ones." Prisoners would still be required to have a six-month life expectancy and to be physically unable to commit a violent crime.

If compassion isn't enough of a reason to provide for early release of prisoners with life-threatening disease, consider how much money AB1408 could save: California incarcerates more individuals than any other state, and spends more on healthcare than 36 states spend on their entire prison budget. Numerous complaints to prisoner advocacy groups and court cases indicate that the healthcare provided is questionable at best, as well as far more expensive than care provide on the outside. The CDoC recently reported spending over $880,000 maintaining a 24-hour armed watch for six months over a single prisoner - who was at the time in a permanent vegetative state. Surely this money would have been better spent providing comprehensive healthcare for all prisoners, as well as HIV prevention and treatment information. AB1408 goes to the Assembly floor this week.

Examples of legislation that will benefit families are California's AB1104 (Assemblyman Byron Sher, D-Palo Alto) and federal bill HR709 (Representative Carolyn Maloney, D-New York). California already has legislation allowing for joint guardianship of children whose parents have a life-threatening disease. The parent can identify an individual who will share legal custody if the parent becomes incapacitated and assume full custody if the parent dies. Currently, parents with a life-threatening disease must present medical evidence suggesting a two year or less life expectancy. AB1104 would eliminate this requirement, simplifying the process and allowing parents the option of making provisions while still healthy. HR709 has the same intent of better serving the needs of families living with life-threatening disease. It would require that all states establish laws to give parents the option of choosing standby guardianship.

One final example of intelligent legislation is AB1529. Introduced by Assemblyman John Vasconcellos (D-Santa Clara), AB1529 would decriminalize the use of marijuana by individuals for whom the herb is medically indicated - including persons with AIDS, cancer, MS, and glaucoma. AB1529 has cleared the state Assembly and now goes to the Senate.

The bad

Among the numerous attacks on the rights of prisoners this session are AB411 (Assemblyman Tom Bordonaro, R-Paso Robles), AB226 (Assemblywoman Paula Boland, R-Granada Hills), and SB1221 (Senator Charles Calderon, D-Whittier). AB226 would eliminate unsupervised family visits for all California prisoners. AB411 would eliminate these visits for persons convicted of certain crimes.

There is already a CDoC regulation that denies persons with HIV unsupervised visits with spouses and until recently, this policy applied to all family members. AB411 and AB226 would extend this cruel policy to all prisoners. SB1221 guts the "Prisoners Bill of Rights" eliminating the right to family visits, the right to sue, and most ominously, the right to confidential correspondence with an attorney. Because there are no confidentiality protections in prison, legal mail is often the only way prisoners can inform the outside world of HIV and sexual orientation-related human rights abuses.

AB380 would provide that HIV-positive people convicted of most sex crimes would immediately receive a life sentence. Legislation already on the books requires a three year addition to the sentence. About the only sex-related conviction not included is prostitution. So why should any care if HIV-positive sex-offenders get a life sentence? Bill Thorne of ACT UP/Golden Gate responds, "Two reasons. First, it makes having HIV the crime. Rapists should be punished accordingly for the violent crime they commit, not because they have HIV. Second, the list of crimes includes sex with anyone under the age of eighteen. We're not necessarily talking about child molesters here. Does a 21-year old who has safe sex with a 17-year-old deserve a life sentence? As an HIV-positive gay man, I find this legislation really scary."

Just plain stupid

SB889, introduced by State Senator Tim Leslie (R-Carnelian Bay), and HR1289 introduced at the federal level by Representative Gary Ackerman (D-New York), would unblind a Centers for Disease Control study that has been collecting newborn blood samples from 45 states since 1988 - giving the results to new mothers without counseling or informed consent. The purpose of this study is to determine through a blinded random sampling, the rate of HIV infection among childbearing women. Since nobody knows which blood sample belongs to which patient, blinding guarantees that the results are completely anonymous and provides a more accurate picture of infection rates than data from voluntary test sites.

Partly in response to legislative attempts at unblinding the study, the CDC recently halted it. Regardless, Leslie and Ackerman plan to push through their proposed bills or a revised version. Thus far, Leslie has been successful. Advocates were assured by members of the State Senate Health Committee that if SB889 passed the committee, it would certainly die on the Senate floor. Not only did SB889 clear committee, but in a rush to begin the long weekend, the Senate voted overwhelmingly in favor of SB889. Such action causes one to wonder whether the California State Senate realized it was passing a bill to unblind a study that no longer exists! SB889 now goes to the State Assembly.

Most organizations concerned about women and children, and the CDC agree that the best way to protect babies from HIV is to prevent infection in women. However, well-intended legislators continue to support short-sighted legislation. In so doing, they have also killed a useful tool for documenting HIV infection in the very population they claim to be protecting.

In a surprising display of leadership, Senator Dianne Feinstein's office has agreed to work with AIDS advocates to write legislation which realistically addresses the issues of HIV prevention for women and newborns. Many advocates had hoped to avoid fighting legislation with more legislation. It seems they now may have no other choice.

Call your state and federal representatives today! Ask them to support the "good" legislation and oppose the "bad" legislation referenced above. Call Senator Feinstein's office and support her effort to prevent mandatory testing of women.

ACTion UPdate:

Abbott Labs is continuing to stonewall AIDS activists on provision of their protease inhibitor for compassionate use.

Call Abbott and demand they provide this experimental therapy to patients with few options left. Phone (708) 938-6277; fax (708) 938-4545.

Call ACT UP/Golden Gate for information on future actions at (415) 252-9200.

950530
BR950504

Always watch for outdated information. This article first appeared in 1995. This material is designed to support, not replace, the relationship that exists between you and your doctor.

AEGiS presents published material, reprinted with permission and neither endorses nor opposes any material. All information contained on this website, including information relating to health conditions, products, and treatments, is for informational purposes only. It is often presented in summary or aggregate form. It is not meant to be a substitute for the advice provided by your own physician or other medical professionals. Always discuss treatment options with a doctor who specializes in treating HIV.

Copyright ©1980, 1995. AEGiS. All materials appearing on AEGiS are protected by copyright as a collective work or compilation under U.S. copyright and other laws and are the property of AEGiS, or the party credited as the provider of the content. .