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HIV/AIDS Blog Central

Prison, HIV and Congresswoman Lee

By Candace Y.A. Montague

August 30, 2011

Can condoms truly stop the spread of HIV in prison? Credit:

Can condoms truly stop the spread of HIV in prison? Credit:

The Fact

Congresswoman Barbara Lee (D-CA) introduced H.R. 2704 earlier this month. The Justice for the Unprotected against Sexually Transmitted Infections among the Confined and Exposed (JUSTICE) Act is a push to provide condoms to prison inmates. It also calls for reinstatement or re-enrollment into Medicaid for inmates who test positive for HIV before reentering the community. Lee said in her press release "As we mark the 30th anniversary of the first discovery of AIDS cases in the U.S., we can no longer afford to ignore the reality that sexually transmitted infections can be spread within our correctional system. I introduced The JUSTICE Act to provide a comprehensive response to the spread of STIs in correctional facilities."

The Research

One study reported in the August 15th edition of the Journal of Acquired Immune Deficiency Syndrome showed that prisoners who were released had the risk factors for contracting the virus and engaged in risky behavior (i.e. unprotected sex, drug abuse, sharing needles). The study found, through a series of post-release interviews, that newly released inmates needed to learn more about HIV and hepatitis C infection and had limited access to health care and medications. But remember, that is all after they are released.


However, another large study that was published in 2006 showed that men who are infected with HIV in prison came to prison already infected. The study also revealed that of the men who did become infected while serving time, half of them reported that their partners were prison staff members. Yes ... staff members.

This Examiner spoke with Sam*, a veteran prison guard, via telephone interview to explore this issue further. He confirmed that prison guards do in fact have sex with inmates frequently. Sam explained that in order to address the HIV infection rate, we must stop the corruption within the prisons. "We only get paid once a month so by the 15th, you're broke. There's plenty of money in the prisons. The female officers will bring in drugs to the inmates for money. All they have to do is hide it in their bras. Or if the inmate loans them some cash till payday and they can't pay, they exchange sex." Negotiations like these (for drugs, food, cell phones, time off sentences, etc.) are made between guard and inmate often. Are condoms ever a part of the negotiations? Sam says "no."

The Analysis

Congresswoman Lee is a respected representative who has been a strong advocate for HIV for many years. She is the founding co-chair of the Congressional HIV/AIDS Caucus. Lee has authored/sponsored/co-sponsored 22 pieces of legislations and/or resolution regarding HIV. But this legislation is going to need some work. To her credit, Representative Lee is right to push for Medicaid services after release. It is imperative that former inmates maintain quality health care and have access to medications to keep their viral load at bay. However, once again, we are presented with the notion that throwing condoms at the problem will make it all go away. If it were that easy, D.C. would not have one of the highest infection rates in the country considering the city gave out more than three million condoms last year. There are deeper social, economic, and educational issues here to address and until they are, the virus will continue to spread (in and out of prison).

* Not his real name.

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See Also
Quiz: Are You at Risk for HIV?
10 Common Fears About HIV Transmission
HIV Prevention & the Incarcerated


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D.C. HIV/AIDS Examiner

Candace Y.A. Montague

Candace Y.A. Montague

Candace Y.A. Montague has been learning about HIV since 1988 (and she has the certificates from the American Red Cross to prove it). Health is a high priority to Candace because she believes that nothing can come of your life if you're not healthy enough to enjoy it. One of her two master's degrees is in Community Health Promotion and Education. Candace was inspired to act against HIV after seeing a documentary in 2008 about African-American women and HIV. She knew that writing was the best way for her to make a difference and help inform others. Candace is a native Washingtonian and covers HIV news all around D.C. She has covered fundraisers, motorcycle rides, town hall meetings, house balls, Capitol Hill press conferences, election campaigns and protests for The DC and emPower News Magazine.

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