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Inmate Behavior

Tommy K. Bush Sr.

Troy University

February 4, 2014

Abstract

In many parts of the world, one of the most extensively discussed issues on the public agenda today is the increase in crime rate and increase in the prison population.

Correctional facilities, i.e. jails and prisons, are faced with various issues that warrant for consideration for the betterment of the lives of the inmates in these facilities. One of the major issues mainly faced by the inmates in these correctional centers is the issue concerned with the spread of communicable diseases, especially HIV and AIDS among the inmates.

HIV/AIDS among prison inmates is a growing concern that has been on the spotlight since the mid-1980s. The concern is mainly for the various reasons, which include increased rates of incarceration and high risk inmates.

The paper aims at looking into the issue of HIV and AIDS as a corrections issue among prison inmates and to suggest ways in which this issue can be improved or resolved to enhance correctional operations. An analysis of this problem is provided for based on various statistical data for which there sources are included in the reference section of the paper. In addition, a variety of recommendations on how to improve the issue at hand is included in the paper.

Description of the problem that exists

The Bureau of justice statistics in 2002 attest that the rate of confirmed cases of HIV and AIDS among the prison population in the United States was 3.5 times the general United States population rate of HIV confirmed cases. Indeed, data regarding AIDS related deaths among the inmates is more negative. Between 2007 and 2008, California and Florida reported the largest increases in the number of inmates who were infected with HIV or had confirmed HIV/AIDS. In the United States, during 2007, 130 state and federal prisoners died from HIV/AIDS-related causes. Other states such as New York and Texas reported more AIDS-related deaths during 2007. This has seen inmates’ die of AIDS related causes as various studies of prison inmates report a high rate of HIV infection among inmates since the HIV and AIDS outbreak. Undoubtedly, there might be a high risk of being infected with the HIV while in prison (Hensley, 2002).

The high rate of HIV infection in prisons can be attributed to high risk behaviors for HIV transmission, which include drug abuse, sharing of needles, sex, tattooing and homosexuality. Prior to incarceration most prison inmates engage in risky sexual practices such as unprotected sex with multiple partners, transactional sex, drug abuse, sex in exchange for drugs, sexual abuse, homosexuality and impaired judgment from drug intoxication.

Concerning the existence of HIV/AIDS and risky sexual behavior in a prison environment, many believed that HIV existed in prisons. The predominant risky sexual practices mentioned being responsible for transmission in prison were lesbianism, oral sex, masturbation and homosexuality. These are practices that people engage in either before imprisonment or while in prison. There are inmates who have anal sex with others, and in return, they provide soap and slippers for those who accept. However, there is intense societal pressure from both the prison authority and the inmates on those practicing same sexual intercourse because the act of a man having sex with man is regarded as a taboo by the government and prison authority in many countries.

These cases had been attested by those who were charged and sentenced to prison when they were HIV negative only to be released from prison while HIV positive. They provide evidence and are a living testimony of the drug abuse, homosexuality, sharing of needles and sex that eventually led to them being infected with the deadly HIV.

Indeed evidence has been provided to prove that HIV in correctional facilities not only affects the inmates but also the officers who operate in these facilities. A variety of studies on these facilities suggest that ignorance and lack of awareness of the manner in which the virus is transmitted from one person to the other has contributed to the high number of HIV infections, specifically among the prison inmates. Increased infection rates may lead to a weak correction system that only promotes the spread of communicable illnesses, hence deviating from its core objective of rehabilitation and providing to the society the skillful, healthy and strong individuals who can contribute to the development as well as economic growth of the country. Indeed, HIV and AIDS is a major issue of concern within correctional facilities and measures need to be taken to improve the situation (Hensley 2002).

Recommendations

The following are the suggested improvements and how they would be implemented in order to reduce the high rate of HIV transmission among prison inmates and the risks associated with it.

Mandatory testing of inmates

All inmates should be tested because of the following major reasons:

· Through mass screening, correctional administrators can target education and prevention programs.

· Through this policy, correctional staff would provide appropriate supervision in order to reduce the transmission risks to other inmates.

· Mandatory testing of inmates would see the staff ensure that infected inmates receive the appropriate medical attention.

Indeed, knowledge of those infected with the HIV will help prison officers take extra precautions with HIV infected individuals to reduce transmission to the other inmates (Hensley, 2002).

Segregation of the inmates who are HIV positive

The same arguments used to promote mandatory screening are used by the proponents of the segregation approach. The proponents assert that supervision is enhanced and that segregation protects inmates from homosexual relationships and sexual attacks (Whitehead, Jones & Braswell, 2010).

However, mandatory testing of inmates and segregation has remained controversial over the years as critics assert that prisons will be burdened with great financial problems. The critics of segregation point out that such a practice would convey the incorrect public health message concerning the risks and transmission of HIV. They also argue that it would subject inmates to harassment and discrimination. Also, other opponents contend that segregation of HIV infected inmates will make prisoners have a false sense of safety since all the inmates infected with the HIV may not be identified through testing. They also assert that HIV segregated inmates are more often than not, denied opportunities to participate in work and educational programs that may see them have early release. In addition, critics contend that the officers in correctional facilities will be unable to remember the entire inmate identified with HIV in correctional systems with large numbers of inmates who are infected.

In response to this, the alternative of identifying all inmates have been infected by the HIV relies on the knowledge and wisdom of the universal precautions. Under universal precautions, all inmates are treated as if they are HIV infected. Individuals are, therefore, encouraged to avoid any unprotected contact with body fluids that are infectious such as blood and semen.

Prevention measures such as bleach and condom availability can be adopted in prison systems. This would see correctional systems make condoms and bleach available to inmates.

Correctional institutions should implement universal precautions among all those dealing with inmates. Correctional systems officials should, therefore, receive appropriate and adequate education and training on matters of HIV transmission.

Prisoners should be provided with counseling and written HIV educational materials regardless of their HIV status. There should be established educational and prevention programs which include information about the transmission of HIV and the risk of HIV transmission. Programs that will help to empower inmates and decrease their vulnerability to abuse, drug use and HIV infection must also be put in place.

In addition, external community based AIDS organizations or prisoner organizations that provide services and education to people infected with HIV and AIDS should be encouraged to provide such services to correctional facilities. Inmates infected with HIV should be encouraged to build links with the outside world, especially with HIV and AIDS service and healthcare organizations.

Nevertheless, institutional corrections administrators must act to provide a safe and orderly environment for all the offenders under their care. Offenders found to be HIV positive during incarceration should be informed of their status, and medical counseling should be provided to them.

Early release

Prisoners who have entered the later stages of terminal illnesses such as HIV and AIDS require specialized end-of-life care. For this reason, correction systems should introduce compassionate release programs to allow those inmates infected with HIV and AIDS to be released from correction facilities earlier in their sentence. These inmates should regularly be released earlier in the cause of their disease, prior to them being terminally ill.

Early release ensures that the life expectancy of the terminally ill inmates is lengthened as a result of receiving care in the community. Also, the release reduces the rate of HIV infections among inmates. This is because those infected are excluded from the correctional facilities and the risks of infections are, therefore, reduced in this manner. They are thereafter encouraged to have a healthy lifestyle and follow the prescription of the HIV drugs that are provided for to them by health centers in the community. The inmates that are within the prison walls are encouraged to use protective measures such as condoms and bleaches if they have to necessarily engage in sexual behaviors. In many correctional institutions, engaging in sexual behaviors is discouraged. These include acts such as homosexuality and masturbation. However, some correctional facilities are considering legalizing masturbation in prisons in order to reduce the cases of homosexuality and ultimately the transmission of HIV to the other prison inmates (DIANE, 1995).

Effect of HIV and AIDS among prison inmates on criminal investigation

The investigation departments are experiencing serious problems that prevent them from responding promptly to criminal investigation. Due to the increased number of infected inmates who regularly require medical attention, criminal investigation departments are taking too long to investigate thoroughly and handle the prosecution of inmates. In cases where inmates sentenced for life imprisonment are found to be HIV positive, their early release may dampen the morale of criminal investigators who may, in turn, not respond promptly to crimes.

Also, the spread of HIV and AIDS among inmates have encouraged increased crime within the correctional facilities as some of the inmates are engaged in homosexuality, rapes and drug abuse as a way of avenging their infection of HIV. This has resulted in deaths within the prison walls which warrant for investigation on the cause of death.

However, with the prevention measures and education programs aimed at minimizing the rate of HIV infections in the prison inmates, criminal investigation may be effective in the sense that those prosecuted are mandated to serve their full sentence without early release. Cases of rape, homosexuality, drug abuse and death within the correctional facilities may also be reduced due to the reduced rate of HIV transmission rates among the inmates in prisons.

In addition, overcrowding in prisons is reduced by allowing early release to those inmates who are infected with the HIV. This makes criminal investigation effective as there is enough room in correctional facilities to accommodate those engaged in crime and have been charged.

Conclusion

Studies aimed at addressing the issue of HIV and AIDS in prisons have demonstrated the importance and value of coming up with policies and programs that are consistent with the standards of human right. Undoubtedly, the protection and fulfillment of human rights, inclusive of the counter measures against the negative effects of HIV related discrimination, is a key element in improving the effective and ethical response to the issue of HIV and AIDS in correctional facilities.

Reference

Hensley, C. (2002). Prison sex: Practice and policy. Lynne Rienner Publishers.

Whitehead, J., Jones, M., & Braswell, M. (2010). Exploring corrections in America. Elsevier.

DIANE (1995). Hiv/aids in prisons: Final report of the expert committee on aids and prisons - canada. DIANE Publishing.

Møller, L., Gatherer, A., Jürgens, R., Stöver, H., & Nikogosian, H. (2007). Health in prisons: A who guide to the essentials in prison health. WHO Regional Office Europe.

Schmalleger, F., & Smykla, J. (2012). Corrections in the 21st century. (6th ed.). McGraw-Hill Education.