By Amy Fettig, ACLU National Prison Project at 11:00am
Here’s to starting the New Year right. The notorious Tamms Correctional Center in Illinois, with its practice of housing human beings alone in cells for 22-24 hours per day with little or no human interaction or outside stimulus, officially shut its doors today.
By Kara Dansky, Senior Counsel, ACLU Center for Justice at 3:35pm
As everyone who follows criminal justice policy knows, the last 40 years have witnessed an American correctional system dominated by tough-on-crime policies and unrelenting growth. Under this four-decade long regime, criminal justice reform has faced an unrelenting wall of resistance.
But there are signs that change is on the horizon. State lawmakers, strapped for resources, have been forced to scrutinize proposals to increase their prison populations. And other issues, such as health care and immigration, have to some extent replaced fear of crime in the public discourse.
Today a federal judge in Montgomery, Alabama entered a historic decision in the quarter-century-old fight for equality for prisoners living with HIV. It’s the culmination of a month-long trial in a class-action lawsuit by the ACLU that put Alabama’s discriminatory and dehumanizing treatment of prisoners with HIV under a national spotlight.
Driven by stubborn prejudice and willful ignorance, Alabama has been categorically excluding prisoners with HIV from a host of rehabilitative, educational, trade skills and vocational programs—even barring those with serious mental health needs and substance abuse problems from critically important treatment programs. Alabama houses them in HIV-only dormitories, and forces all male prisoners with HIV to wear a white wrist-band night and day—a latter-day yellow star.
I entered a system that stated in its mission statement that I would be rehabilitated and prepared for society upon my return. That is so far from the truth. I have been subjected to a system that belittled me and literally made fun of me and my illness. There were times when I felt less than human.
I am hopeful that Judge Thompson’s decision will dramatically change the misconceptions about HIV. We are human beings and we deserve to be treated as such. It is true that I am a convicted felon and I have been sentenced to do my time, but being HIV-positive in the Alabama Department of Corrections (ADOC) system has convicted me twice.
The U.N. meeting in Buenos Aires on uniform rules for the treatment of prisoners, which concluded last week, was a significant step toward progressive reform, as the resulting Draft Report makes clear. Unfortunately, due in large part to positions taken by the U.S. delegation, an opportunity to make even greater progress was lost.
I’m writing from Buenos Aires, where I’m representing the ACLU at the Inter-Governmental Expert Meeting (IGEM) on the U.N. Standard Minimum Rules for the Treatment of Prisoners. Established in 1955, the SMRs are the leading international standards on protecting the human rights of prisoners. They’ve profoundly influenced the law in many countries, and have been cited by the U.S. Supreme Court.
