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Judy Greenspan, director of the HIV/AIDS in Prison Project of
Catholic Charities of the East Bay, is widely recognized as a
leading authority on HIV/AIDS and correctional policy, and
testifies before state, national, and international
scientific and government bodies on this topic. She is one of
the founders of the California Coalition for Women Prisoners;
previously she was AIDS Information Coordinator of the ACLU
National Prison Project.
Lifesaving advocacy work for thousands of persons with HIV or
AIDS in California prisons will end this year unless the
HIV/AIDS in Prison Project in Oakland can find new funding.
Although housed in Catholic Charities, the project had been
supported primarily by foundation grants, which ended when
the foundation changed its direction and stopped funding AIDS
policy work.
Judy Greenspan and the HIV/AIDS in Prison Project have been
critically important in improving the medical care of the
ever-increasing number of California prisoners with HIV:
- Before the current organization was formed in January 1995,
Ms. Greenspan worked through the Prison Issues Committee of
ACT UP in San Francisco and helped obtain the groundbreaking
investigation by the Assembly Public Safety Committee of the
California legislature, which exposed appalling medical care
at the California Medical Facility at Vacaville (CMF-Vacaville) -- improving that institution to the point where it
has become a model for prison HIV/AIDS care. This facility
now has infectious disease specialists, uses protease
inhibitors, has an in-prison hospice, peer education on HIV
prevention and care, and pastoral counseling services. The
Vacaville medical prison cares for over 500 of the 1,500
known HIV-positive men in California prisons -- but none of the
200 known HIV-positive women. It is believed that there are
actually several times more prisoners with HIV in California
than are reflected in the official statistics.
- Mistreatment of the women with HIV -- mostly at the Central
California Women's Facility (CCWF) at Chowchilla, the largest
women's prison in the country with over 3,600 prisoners -- led
to a class-action lawsuit with the assistance of the HIV/AIDS
in Prison Project, to improve medical care for these women.
The lawsuit was settled on August 11, 1997, a few days before
it would have gone to trial. But constant monitoring is
needed to make sure that improvements agreed to are in fact
implemented.
- Another major accomplishment of the HIV/AIDS in Prison
Project has been its help in securing a new law to improve
the procedures for compassionate release of dying prisoners.
There was a law before which sometimes worked, but usually
the delays were so long that the prisoner died before the
release went through. The new law attempts to expand the
number of prisoners who can apply for compassionate release;
it has time limits for the Department of Corrections, and
allows the prisoner's family to be more involved in the
process.
- A critical issue today is the grossly inadequate medical
care at Corcoran prison, the newest HIV/AIDS unit maintained
by the California Department of Corrections. We interviewed
Judy Greenspan about Corcoran and other unfinished work of
the HIV/AIDS in Prison Project.
AIDS Treatment News: What are some of the problems at
Corcoran State Prison today?
Judy Greenspan: The major problem is that Corcoran was set up
as a maximum security punishment prison; it was not
originally set up as a medical facility. This is the prison
that was spotlighted on 60 Minutes, and there has been much
information in the local papers about an FBI investigation
several years ago. Prisoner fights in the security housing
unit yard were set up by guards, gladiator fights where the
guards could place bets on opposing gang members, and shoot
them. Two years ago there were more shootings at Corcoran
than in all the prisons in the country combined. Corcoran is
where prisoners are sent when they disobey the rules, or the
prison system doesn't like them.
About a year and a half ago the Department of Corrections
decided to set up an HIV unit there. But they did not put
medical services in place before they brought in men from all
over the state.
Then last April, there was an escape at the California
Medical Facility at Vacaville; a man climbed down a wall and
escaped. He was eventually picked up. But it caused a
reaction which has impacted HIV-positive and other prisoners
in the state system. The department moved almost all of the
"lifers" or men considered escape risks to Corcoran. Now
there is an HIV unit of over 200 men there.
Many of them were moved from CMF-Vacaville, where they were
receiving very good treatment; most were on triple
combination therapy, they were being monitored, and getting
their drugs on time; at Vacaville they are watched as they
take their pills. At Corcoran their triple combination
therapy was not on the formulary, and there were months of
delays for them to get on any HIV therapy. At Corcoran they
just received a bag of pills, some of which were damaged;
many of the men stopped taking them. At least several dozen
started going rapidly downhill.
Over Labor Day an HIV-positive man died of a heart attack; he
had spent three weeks trying to go to sick hall, and he kept
being turned away. There have been more deaths. One man lost
40 pounds. For them to go overnight from good care into a
life-threatening situation is outrageous.
Corcoran has a multimillion dollar hospital attached to it.
But what the men found was that no matter how sick they got,
they could not access the hospital.
One example shows how security is considered more important
than care. One of the men who was shipped from Vacaville
walked into the institution, but began rapidly deteriorating
and losing weight and was in a wheelchair. But as a security
measure, no wheelchairs were allowed in the dining hall. It
took five days for the prison to figure out how to bring him
into the dining hall; three of those days he received no food
whatsoever. Corcoran has many problems like that. And there
is sewage backup on the tiers, the showers are not equipped
for disabled prisoners and many men have fallen, they are not
even given enough soap and detergents to clean their toilets.
And their special unit does not have a yard, so they are sent
into the same yard where there are the fights.
The HIV units tend to house a more responsible, less violent
group of men. And yet they are being treated the same as
everybody else. Not all of the men in this unit at Corcoran
are even maximum security.
ATN: Are you trying to get these men sent back to Vacaville?
Greenspan: Ideally yes. We met with the Director of
Operations for California prisons back in December, and
basically were told they were not going to move anybody, and
certainly they were not going to close the unit. I also met
the new director of the Department of Corrections and
explained the situation to him.
I have been part of a legal investigative team that has made
three visits to Corcoran so far, both to the HIV security
housing unit and to the so-called HIV general population. We
wrote to the new warden who is supposed to be cleaning things
up there, and let him know which prisoners absolutely needed
immediate medical care or scrutiny or attention. He ignored
the letter, and two weeks later the first prisoner on our
list died.
There is no peer education program there, and no pastoral
care services to speak of. Two of the nurses the men really
liked were just fired, probably because they were too
sympathetic to the men.
We presented information about the unit to the California
Legislature, specifically to Senator John Vasconcellos'
Public Safety Committee, and also to Senator Richard
Polanco's Prison Oversight Subcommittee. I testified at a
joint hearing, so the legislature sent people to Corcoran.
The warden felt he needed to let the prisoners have a
grievance committee. But about two months ago he dissolved
this committee. Things are back almost to where they were
when we started.
It is a time bomb waiting to happen. The HIV unit at Corcoran
should not exist.
ATN: What problems have you had due to the political climate?
Greenspan: I have been doing this work for ten years.
Prisoners have never been the most popular members of our
society. But over the last ten years I have seen the
increased legislative and political reaction; many
politicians have built their campaigns on the punishment of
prisoners. The drug war has tended to demonize poor people of
color who use drugs or are addicted, and that is most of the
people you have in prison. It is certainly harder to get the
attention of the policy makers, who are busy building more
prisons. And there is a lucrative prison industry.
We now have a compassionate release law in place, but it is
harder to get people out on compassionate release, because
nobody wants to look soft on crime.
On many of these issues there would be public sympathy, if we
could get the information out to the media. To demonize
people, you have to keep them from the public eye, so that
the public doesn't know who these prisoners are. One of the
first things Governor Wilson did last year was to impose a
media ban; it was ratified by the Department of Corrections
and is in place. State Senator Quentin Kopp sponsored a bill
to end the media ban; it was popular with the legislators,
but was vetoed by Governor Wilson.
Wilson's policy takes away prisoners' rights to have face to
face media interviews. If I told you there was a prisoner
with AIDS who was an activist, leading the struggle at
Corcoran, you could not go in and interview him. And he could
not write to you confidentially; before, prisoners could
write confidential mail to the press. If the prisoner calls
you collect, and if somebody from the prison was listening in
on the phone, they could stop the call.
The medical care budget for the Department of Corrections has
skyrocketed, but most of it funds the bureaucracy, and does
not translate into better medical care for the prisoners
themselves. The number of prisoners is skyrocketing; women
prisoners in California and around the country are the
fastest growing population. In California we have a prison
population of 156,000; it is still the largest state prison
population in the country, although Texas is catching up
fast.
ATN: For women prisoners, what was good about the legal
settlement on medical care, and what needs to be done to make
sure it works?
Greenspan: There were problems with the settlement for the
HIV-positive women prisoners. Part of the agreement involved
hiring a part-time infectious disease specialist. They have
had a part-time specialist who made no difference; he was
prescribing two-drug combinations after it was
contraindicated by the federal treatment guidelines. He is no
longer there, and who knows whom they are going to hire.
A major problem in any prison, but especially at CCWF-Chowchilla, is that everybody's test result seems to be
public information. Sometimes women's cellmates knew before
they did that they were HIV positive. Once someone who worked
in the warden's office went into the computer and printed the
list and circulated it. There are few safeguards for
confidentiality. Unfortunately the way the settlement was
worded made it sound as if the confidentiality breach was
coming from the prisoners, rather than from the staff.
Confidentiality has to do with policy; it is the staff and
the prison administration's responsibility. Women who are
peer educators are worried that the implication was that they
were not observing confidentiality; they fear that the
settlement could make it impossible for their program to
continue.
If the settlement is followed, medical care would improve.
The problem is the accountability of the Department of
Corrections. If you don't continue the public scrutiny, the
activism, the support of the women inside, then nothing will
change.
There will be a 16-month legal monitoring period. At that
time, if things have not improved, the women will see their
day in court. Meantime it is up to us, the AIDS activists and
prisoners' rights activists, groups like the California
Coalition for Women Prisoners, to get the word out about
conditions inside the women's prisons.
One of the problems at all of the California prisons except
CMF-Vacaville is that when you run out of your protease
inhibitor, it takes them two weeks to refill it. But now I
have heard from the women inside that they are finally
getting these medicines on time; doctors are making sure they
do not run out. But there is still a problem with getting
medical care when you are sick; there have been a couple of
deaths which seem to be due to dehydration related to food
poisoning.
ATN: You mentioned "segregation"; does this mean keeping all
the HIV-positive prisoners together?
Greenspan: It means keeping the identified HIV-positive
prisoners together. Every prison does it differently. At
Corcoran all the men who are identified are in a certain
unit. At CCWF-Chowchilla, the HIV-positive women are
basically told that if they do not go to C Yard, they will
not get medical care. But there are HIV-negative women in C
Yard as well, and because of lack of education, there can be
problems. Women want to know if you are HIV-positive or not
before you move into their room. You need a statewide
departmental policy when you begin to desegregate, you need
education.
Usually the prisoners do not want to be segregated. It
probably should be voluntary, and based on medical condition,
not just being HIV-positive.
The journey to being segregated is a very painful and
difficult one. For example, San Quentin is a reception
center; it's where you go after trial, if you have been
convicted in Northern California. On your trip in, if they
find out you are HIV positive, you will be taken out of
general population and put in a dorm called H Unit. Sometimes
you might be kept by yourself in an infirmary for a few
weeks, waiting for a place to open up in this dorm.
At any prison, if you decide to get tested, and are HIV
positive, you could be sitting for six to eight weeks alone
in the infirmary, with no counseling, no support, waiting to
be transferred to an HIV unit. During that time you lose
good-time credits, because you are not working. You might
have had a great prison job; you probably had visiting
privileges. The change can mess up your life. And then you
get to an HIV unit, which may not be what you need.
Especially if you are asymptomatic, you will not be getting
any care.
And this segregation sends a message to the other prisoners
that they are OK, they are not in the HIV unit -- when many of
them have HIV but do not know it.
ATN: What do you need to continue your work?
Greenspan: The HIV/AIDS in Prison Project started with a
$50,000 grant, which provided much of our funding for two
years. We need to pay salary for a director, and at least a
part-time assistant. Also we want to accept collect calls,
and send out material.
We would like to do a comprehensive program with advocacy,
providing assistance for peer-education programs in the
prisons (including education for prisoners ready to be
released), and contracting with an attorney for certain legal
services which a non-lawyer cannot provide. But our grant
applications have not been funded, and now we are out of
money.
We could run a minimal program for about $75,000 per year.
Smaller amounts would allow us to keep going for the next few
months.
During the last six years, fewer and fewer people have been
willing to take on prison advocacy, even aside from issues of
funding. The danger now is that prisoners will be left with
nowhere to turn. We must prevent that from happening.
- Judy Greenspan can be reached at the AIDS in Prison
Project, 510-834-5656x3150, or by email to judyg@igc.org.
Tax-deductible donations can be sent to Catholic
Charities/HIV In Prison, 433 Jefferson St., Oakland CA 94607.
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