Take Action Today!

Oppose Mandatory HIV Testing in Prison
House Bill 255 in Illinois House This Week!

February 7, 2005

Dear Action Alert Member,

Please contact your representative in the Illinois House and urge him/her to oppose House Bill 255 when it is called for a final vote as early as Wednesday, February 8, 2005. House Bill 255 as amended by the House Judiciary II - Criminal Law Committee last week mandates HIV testing for all inmates in Illinois upon admission and prior to release from a facility. House Bill 255 originally called for HIV prevention education to prison inmates, their significant others and family members. Forced testing is a wasteful use of scarce public resources that otherwise could be spent on prevention education, healthcare, and community re-entry services. Other facts about mandatory testing appear below. If you are unsure, you can find out who your state representative is at http://www.elections.state.il.us/DLS/Pages/DLSAddressCrit.asp.

Please contact your state representative by calling the Capitol switchboard at (217) 782-2000 and ask to be connected to his/her office. Urge your state representative to oppose House Bill 255 when it is considered in the full House. If possible, please email ACLU Legislative Director Mary Dixon at mdixon3@attglobal.net to let her know you were able to contact your representative. Her ability to lobby is greatly enhanced by knowing that legislators are hearing from their constituents.

FACTS ABOUT MANDATORY HIV TESTING

• Mandatory testing will not prevent the spread of HIV, which is spread by unprotected sexual contact and needle sharing.
  
  
• Mandatory testing will put HIV-positive inmates at risk for violence and discrimination. Forced testing programs will be unlikely to protect the confidentiality of inmates' medical information. HIV-positive inmates risk harassment and violence from correctional staff and other inmates who learn of their status.
  
  
• Mandatory testing will not address the real cause of HIV transmission in prisons-unprotected sexual contact and needle sharing. The state should expand HIV prevention campaigns in prisons, educate inmates about the benefits of knowing their HIV status, offer voluntary testing, and protect inmates from rape and sexual assault.
  
  
• Mandatory testing will discourage HIV-positive inmates from seeking HIV-related healthcare and other vital services they need upon release from prison. Because of HIV/AIDS fear and stigma, individuals forced into testing may avoid HIV-related services and fail to adopt low-risk behaviors.
  
  
• Testing strategies should empower individuals to make the right choices for themselves, their family members, and their community. The vast majority of inmates will return to their communities after a period of incarceration. Testing by itself will do nothing to slow the spread of HIV; individuals must be willing to seek and adhere to healthcare and reduce high-risk behaviors.
  
  
• Mandatory testing of inmates has been consistently opposed by public health and corrections experts.