Sentenced to Stigma: Segregation of HIV-Positive Prisoners - AL.com

“provides practical and useful life skills training developed to reintegrate the offenders backinto the society.” 108Work ReleaseWork release programs offer prisoners the opportunity to reside in low security facilitieswhile working for either a state or a private employer. Prisoners are permitted to keep apercentage of their wages while demonstrating responsibility and establishing a relationshipthat might lead to employment when their sentence is completed. In states such as SouthCarolina, prisoners are able to earn union wages, collect unemployment compensation andenjoy other benefits of employment while completing their sentence. Corrections officials inAlabama, South Carolina and Mississippi have recognized the importance of work releaseopportunities to achieving a successful re-entry into society. As stated in the AlabamaDepartment of Corrections Work Release policy:The fundamental purposes of Alabama’s work release program are to assistselected prisoners in preparing for release and to aid in making the transitionfrom a structured institutional environment back into the community. 109Integrated work release programs, like integrated housing for HIV-positive and non-positiveprisoners, are the national norm. In a survey conducted by the ACLU-NPP, 25 of 27 stateswith work release programs reported no restriction on participation for HIV-positiveprisoners. 110In Alabama, HIV-positive prisoners were ineligible for work release until July 2009, when theDepartment of Corrections, in response to extensive advocacy efforts by the ACLU, reversedits policy barring prisoners with HIV from participating. Commissioner of Corrections RichardAllen described the change in policy as “doing the right thing,” stating, “We’ve looked athow the attitude about AIDS has evolved from people being terrified of it to it being adisease that’s difficult to transmit and one that can be managed.” 111 However, Human Rights108 STOP Program, South Carolina Department of Corrections website, www.doc.sc.gov. (accessed November 24, 2009).109 Administrative Regulation No. 410, online at http://www.doc.state.al.us/docs/AdminRegs/AR410.pdf,(accessed November10, 2009).110 “Policies of Federal and State Prison Programs Regarding Access to Work Release and Food Service Jobs” April 17, 2008, onfile with the ACLU-NPP. 40 states and the Bureau of Prisons responded to the survey. 27 states had work release programssimilar to that in Alabama, in which prisoners wear civilian clothes and are supervised by civilian employers. Of these, 25states have no restrictions for participation of HIV-positive prisoners. Only Nevada and South Carolina reported ineligibility ofHIV-positive prisoners for work release.111 “Prisons’ HIV Decision Shows Progress,” Montgomery Advertiser,14 August 2009.Sentenced to Stigma 36