
(Creative Commons photo by my_southborough)
LANSING — A policy that bars HIV-positive inmates in Michigan prisons from working in food service jobs does not violate state law, according to the
Michigan Department of Civil Rights. But though the policy may be legal, one leader in the
Michigan Department of Corrections says he wants to change it.
The policy came under scrutiny in April when Michigan Messenger reported Michigan Department of Corrections official Russ Marlan stating the policy was in place to prevent the spread of the infection.
“A prison holds about 1,000, 1,200 people and as those 1,000 prisoners go through for breakfast, lunch and dinner, prisoners are scooping that food onto their trays,” Marlan, who serves as MDOC’s assistant director, said at the time. “So if a prisoner was HIV-positive and sneezed onto a food item and then a prisoner ate that food item and that prisoner had a lesion in their mouth they could contract the disease.”
Another MDOC official, spokesman John Cordell, gave another explanation at the time, saying that life in prison runs on very different rules and it would be possible that a prisoner might feel an HIV-positive prisoner who was preparing and serving food was intentionally attempting to infect him. That, Cordell said, could lead the uninfected prisoner to attack the HIV-positive prisoner in “the big yard on Tuesday.”
Cordell’s reasoning is now the basis of MDOC’s policy, Marlan said Wednesday.
“Let me tell you something, I am embarrassed and I must say that that information was given to me by the [attorney general's] office. I subsequently was told it was not true. I apologize,” Marlan said this week. “It was ridiculously wrong.”
Mark Levy, chief legal officer for the Michigan Department of Civil Rights, had said in April that the justification being offered by MDOC was not legally allowed. The new justification, he said, would pass legal muster. “We looked into the matter, and the reason they are currently giving complies with the law,” Levy said. “I said in the first article the reasoning would probably change because one was legal and one was not.”
HIV/AIDS activists say the justification may be legal but argue that the policy is still discriminatory and should be reversed.
Mark Peterson from Michigan Poz Action Coalition, a group that represents the interests of HIV-positive people, said in an email:
This policy has no basis in the science of HIV transmission. If the department wanted to be serious about preventing the transmission of HIV among those incarcerated, they would distribute condoms and other risk reduction supplies.
There are other infectious diseases that people might have that actually could be transmitted via casual contact behaviors. Are these individuals denied the right to work in the same areas? This really looks like another example of [a] stigma-building over-reaction from the state.
In fact, MDOC policy does allow people with Hepatitis B and C to work in food service but under certain conditions. They are allowed to work as long as they don’t have open cuts or sores, a runny nose or other obvious problems. Both viral infections which attack the liver have had infections linked to close contact, such as food service, by the Centers for Disease Control and Prevention in Atlanta. HIV is only spread via exchange of bodily fluids.
Marlan said he intends to meet with MDOC Director Patricia Caruso to discuss the policy’s necessity.
“I plan to look into this more deeply, and see if it is something we need to continue doing. If that threat is real,” Marlan said.
Marlan noted that all prisoners coming into the MDOC custody are required to attend a peer-lead HIV-prevention program which includes a video, as well as written materials. In addition, Marlan said, each prisoner is provided HIV information at their annual physical.