Health Not Prisons Dispatch: July 2021
View this newsletter on PWN’s website here!
Health Not Prisons Dispatch: July 2021
The Health Not Prisons Dispatch is a monthly bulletin highlighting recent developments relevant to criminalization and policing of people living with HIV in the United States, along with upcoming events, relevant resources, and opportunities to get involved.
HNP prioritizes authentic engagement, activation, training, and leadership rooted in our principles and deep investment in our communities. To that end, we want to hear from you! For more information about the coalition, ways to get involved, or efforts you would like to see the Collective support, email Tyler Barbarin at [email protected].
| Learn more about the Health Not principles here |
HIV Is Not a Crime 4 Training Academy
Centering the lived and living experiences of people living with HIV as subject matter experts, the fourth HIV Is Not A Crime Training Academy (HINAC) took place virtually June 7-10, 2021. We opened our first day acknowledging that even virtually, we occupy stolen land, with a speaker representing Indigenous people. For four hours in each of those days, advocates and community leaders shared lessons learned in their criminalization reform efforts and successes such as Illinois, Virginia, Missouri and Nevada.
We had critical discussions on intersectionality for gender, race, and serostatus in various sessions and closed out the virtual time together with calls to action from various representative groups and leaders to energize participants to visualize what can be accomplished when liberation is the only option, strategy, and movement. In also prioritizing a space for joy and expression of advocacy through art, HINAC hosted its first Open Mic night for advocates to share their talents and hearts with the community.
HINAC also proudly hosted three specific pre-institute spaces for White People Dismantling Racism, Black United Leadership Initiative and Latinx+ Community to be able to strategize and discuss specific needs they have from HIV leadership as well as what their commitments will be to continue the work of meaningful intersectionality and dismantling racism.
Recordings of the sessions can be found on the HIV Is Not a Crime Conference YouTube channel.
The U.S. PLHIV Caucus Releases Federal Policy Agenda
Tuesday, July 14, the U.S. PLHIV Caucus released its first-ever HIV federal policy agenda.
Demanding Better: An HIV Federal Policy Agenda by People Living with HIV, written collaboratively by member networks of the U.S. People Living with HIV Caucus, details concrete recommendations for the executive branch and Congress to address shortcomings in the National HIV Strategic Plan and the federal Ending the Epidemic initiative.
| Read the policy agenda here! |
Wednesday, July 15, key contributors to the policy agenda–Ronald Johnson, U.S. PLHIV Caucus chair; Naina Khanna, Positive Women’s Network – USA co-executive director; and Kiara St. James, New York Transgender Advocacy Group executive director–spoke about the agenda and the Caucus’s demands on a panel hosted by the Center for American Progress, Beyond Medication: Humanizing the National HIV Response, with closing remarks from the new director of the Office of National AIDS Policy, Harold Phillips. You can watch the panel here.
National Updates
There are numerous positive updates signaling a change in federal dynamics and a re-prioritization of HIV prevention and treatment by the Biden administration. These changes offer several opportunities for people living with HIV to be prioritized and consulted as the administration moves forward.
As the Biden administration’s commitment to HIV continues to evolve, we hope to see the incorporation of the work of our partners and allies. To make impactful and long lasting change, the Biden administration should continue to make space for the voices of those living with HIV.
President Biden has announced his 2022 federal budget. The budget includes $670 million for the U.S. Department of Health and Human Services (HHS), an increase from FY21 allocation of $302 million, to help aggressively reduce new HIV cases while increasing access to treatment, expanding the use of pre-exposure prophylaxis, also known as PrEP, and ensuring equitable access to services and supports.
The overall increase in funding for the federal HIV initiatives is a positive signal from the Biden administration that they are committed to listening to the leadership and expertise of people living with HIV. The funding increases are in places such as the 340B Drug Pricing Program with a $7 million increase, HIV/AIDS Bureau of the Health Resources and Services Administration (HRSA HAB), which will see a $107 million expansion, as well as parts A, B, and C of Ryan White Programs.
Part A of the Ryan White Program aids Eligible Metropolitan Areas (EMAs) and Transitional Grant Areas (TGAs) that are most severely impacted by the HIV epidemic. Part B provides grants to States and Territories to improve the quality, availability, and organization of HIV health care and support services. And Part C of Ryan White funds local community-based organizations through Early Intervention Services (EIS) program grants and planning grants, which help organizations more effectively deliver HIV care and services through capacity development grants.
Overall, HIV/AIDS-specific programs will be funded at $6.73 billion, increasing $330.8 million over the funding from 2021. However, HOPWA was funded at $450 million, substantially lower than the $600 million HIV advocates called for.
With the continued announcement of federal priorities, we hope to see the Biden administration commit to ceasing molecular HIV surveillance (MHS). The practice of surveillance is weaponized against already oppressed communities with worrying potential for leading to criminalization and worsened health outcomes. Read our sign-on letter and encourage the administration to stop the use of MHS here.
We are excited about the appointment of Harold Phillips as director of the White House Office of National AIDS Policy (ONAP). Harold Phillips has a strong combination of lived experience as a Black, gay man living with HIV as well as professional expertise, which he has used to support the leadership of people living with HIV within the movement. The Health Not Prisons Collective would like to extend our congratulations to Harold.
There are numerous ways the administration can show its commitment to ending criminalization. Networks of people living with HIV have delineated these opportunities in several places, like the PLHIV Networks federal response briefing and the HNP PACHA public comment letter.
Decriminalization Efforts at the State Level
State Spotlight of the Month: Nevada
Nevada has successfully modernized their HIV criminalization laws! Senate Bill 275 (SB 275) removed felony sentence enhancements for the intentional spread of HIV by lowering the penalty to a misdemeanor, in line with other communicable diseases penalties. The new law also provided affirmative defenses, such as if a person charged under this law is on treatment, then the misdemeanor penalty is waived. The new law also removes incorrect references to AIDS and eliminates references to HIV, another essential step for correcting misinformation about HIV.
PWN state lead, Connie Shearer, is a vocal, indispensable advocate for women living with HIV in Nevada. Connie supported the movement of this bill from inception through to the Governor’s desk. Connie brought together other HIV advocates, movement partners, the Nevada Health Department, and state legislators to ensure SB 275 reflected the needs of Nevadans living with HIV.
Connie said, “all 15 nay votes [in the Nevada Senate Assembly] were cast not because they didn’t believe [in our efforts], but because they didn’t understand the current science of HIV.” Connie and the Nevada advocates plan to engage legislators in education through lunch and learn events moving forward to ensure the 15 no voters in the Senate Assembly are brought to speed on HIV prevention and treatment.
Throughout their advocacy, Connie was able to push for the meaningful inclusion of women into the HIV modernization process by including their voice throughout the process of drafting, presenting and passing this new legislation. This was a critical step in the process, because the experience of women living with HIV is oftentimes left out of advocacy efforts and decision-making processes.
SB 275 also reinstates the Taskforce, which Connie views as an opportunity to continue the vital work of educating community and legislators about HIV and quality of life of people living with HIV. “This is the second go-around for the task force, so this is their opportunity to do it right. [The Taskforce] has the opportunity to fix the exclusion of women. PWN has taught us that we can learn from experience to better when given a chance.”
This time, Connie hopes to see more women apply to the position that they are vacating to make room for new advocates across the state of Nevada.
If you are based in Nevada, please consider joining the Taskforce! You can do so by visiting the governor’s website and completing Steps #2 and #3 to consider the appointment.
California
HNP is excited to continue to support the Decriminalize Sex Work California coalition as they move Senate Bill 357 (SB 357) un-amended through the full California senate. SB 357 will repeal California’s loitering with intent to commit prostitution law, also known as a “walking while trans law,” because it is often used to arrest trans people of color under suspicion of solicitation when they are just going about their lives. SB 357 also has a retroactive component that would allow for the expungement of charges for those previously convicted. SB 357 now heads to the California Assembly Public Safety Committee and will be heard on July 6.
Illinois
Illinois is one of four states that have successfully repealed their HIV laws this session. House Bill 1063 (HB 1063) completely repeals the state’s HIV criminalization laws, making it the second state to complete full repeal. HB 1063 now awaits the Governor’s signature.
Michigan
Michigan is one of 33 states with an HIV criminalization law. There, prosecutors play an important role in ending the criminalization of HIV. Ingham County Prosecutor Carol Siemon has ordered her team to review all prosecutions of HIV in the state under the Sexual Penetration with Uninformed Partner statute. Siemon recognizes the disparate impacts on communities of color and asserts that this statute is in direct opposition of true justice. Read more about this development here.
Resources
- The Elizabeth Taylor AIDS Foundation (ETAF) published an open letter in TIME magazine during the United Nations High-level Meeting on HIV/AIDS to urge world leaders to include the modernization of HIV criminal laws in the global HIV response. Read the letter and sign on here!
- Read the Reckoning article about the first-hand experience with HIV criminalization by CNP member Darian Aaron, entitled HIV Criminalization Laws and Race Combine To Make The Perfect Storm in Georgia.
- Read Weaponizing My Sex: How A Consensual Encounter Flirted With A Felony, an article published in the Counter Narrative Project’s blog, the Reckoning by Craig Washington.
- The Center for American Progress released an article calling for Justice in Reentry for Formerly Incarcerated LGBTQ People and People Living With HIV. The article discusses the consequences of criminalization on people living with HIV and LGBTQ communities following incarceration.
- The O’Neill Institute published a quick factsheet on federal discretionary spending on HIV. Read the factsheet here.