Comments on: Are Separate Prisons for AIDS-Infected Prisoners an Unconstitutional Form of Discrimination?

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Mon, 29 Apr 2013 14:44:07 +0000

[...] Should prisoners with AIDS be segregated from other convicts? [...]

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Thu, 11 Apr 2013 20:18:59 +0000

[...] Should prisoners with AIDS be segregated from other convicts? [...]

By: You Be the Judge: Should the Law Discourage People from Becoming Vagrants? | International Liberty

Mon, 01 Apr 2013 13:12:00 +0000

[...] Should prisoners with AIDS be segregated from other convicts? [...]

By: You Be the Judge: Should Troublemakers Be Segregated from the General Population? « International Liberty

Tue, 04 Dec 2012 19:20:33 +0000

[...] prisoners with AIDS be segregated from other [...]

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Thu, 07 Oct 2010 20:29:32 +0000

[...] 7, 2010 by Dan Mitchell As indicated by my post on how to handle prisoners with AIDS, I periodically run into issues where I’m not sure about the right answer. Here’s [...]

By: International Liberty

International Liberty — Thu, 07 Oct 2010 20:21:46 +0000

[...] 7, 2010 by Dan Mitchell As indicated by my post on how to handle prisoners with AIDS, I periodically run into issues where I’m not sure about the right answer. Here’s [...]

By: HIV Discrimination Rights – Latest HIV Discrimination Rights news – JURIST – Paper Chase: Discriminatory laws contribute to spread of …

Mon, 13 Sep 2010 00:43:21 +0000

[...] Are Separate Prisons for AIDS-Infected Prisoners an … [...]

By: zorba

zorba — Tue, 10 Aug 2010 05:09:31 +0000

I thought they also segregated men from women in jails…

By: Joe

Joe — Tue, 10 Aug 2010 00:50:09 +0000

Yet another example of the lawless Obama administration (and the legally illiterate Eric Holder) being out of control.

I can’t believe millions of people voted for these clowns.

By: rocinante

rocinante — Mon, 09 Aug 2010 19:59:49 +0000

OK; but it sounds like the segregated HIV/AIDS population was *benefitting* from being in single facility: due to economies of scale, they were able to provide a better quality of medical and mental-health care in a single facility than they would in 28 separate facilities spread around the state.

If that’s true, then the segregation policy is only “discriminatory” in the sense that “discriminate” means “make a distinction between”.

By: Patty

Patty — Mon, 09 Aug 2010 19:35:14 +0000

I work in Corrections in a small state where we do not segregate the HIV-pos population from the non-infected population. Because our state is small and our Corrections system is (comparatively) well-funded, we have sufficient staff to minimize, if not outright eliminate, sexual activity.

All sexual activity in a prison context is considered nonconsensual per the Prison Rape Elimination Act (PREA). That said, we do make condoms readily available as a nod to the reality that we cannot have eyes in all corners of the building at all times and sexual activity is bound to occur even under close supervision.

My thought is, if a state is adequately funded and staffed such that PREA regulations can be successfully enforced and condoms can be made available (it sounds counterintuitive but it works), there should be no need to segregate the HIV from the non-HIV population.

On the practical side, if a state is unable to adequately staff facilities such that PREA regulations can be enforced, and/or if a state is not willing or able to make condoms available, then it is probably advisable that they separate the populations for the protection of the HIV-neg population. So long as the facilties, food, staffing, etc. are comparable, this is not discriminatory.

It may, however, be a violation of HIPAA law. But that is an entirely different episode of Court TV…

By: Matt

Matt — Mon, 09 Aug 2010 16:25:16 +0000

The DoJ is supporting the rights of prisoners with HIV to rape uninfected prisoners with the sole purpose of infecting them, thereby ensuring that prison is synonymous with HIV infection. Nevermind that HIV is one of the most expensive lifelong medical conditions in existence, all paid for by the taxpayers.