COLUMBIA — Jon Ozmint, director of the state prison system, told Gov. Mark Sanford today that he is expecting a lawsuit from the Obama administration about the policy to test and segregate inmates who have HIV and AIDS.
Ozmint said the U.S. Justice Department sent the state Department of Corrections a letter within the past month that raises issues with the agency's policies.
South Carolina and Alabama are the only states that order inmates with HIV and AIDs to be placed in separate housing.
South Carolina inmates are tested for the virus and disease when they arrive at prison. Those who are infected — many of whom Ozmint said don't know they are infected — are sent to live at the Corrections Department main campus off Broad River Road in Columbia.
Ozmint said the president is doing the "bidding" of the American Civil Liberties Union and operating on "left wing politics" that will harm inmates and further the spread of HIV and AIDS in South Carolina.
The alternative is to go the way of some other states and not test the inmates, Ozmint said. That would increase the risk of spreading the virus and disease among other prisoners and inmates in the event of assaults and sex, he said. It also would put the prison staff at a greater risk, he said.
The policy means that HIV- and AIDS-positive inmates are getting treatment and education on how to manage their health, Ozmint said. The prison system couldn't afford to hire specialists to provide HIV and AIDS care throughout the entire state to cover all the facilities, he said.
Treatment of an inmate with full-blown AIDS could cost as much as $2,000 a month, so reversing the policy could mean an immediate savings for the state. But Ozmint said the savings isn't worth the price.
"This is about whether you want more AIDS or less AIDS," Ozmint said.
Ozmint said the Corrections Department is prepared for a court challenge.
Sanford said the threat of a lawsuit over the policy is "crazy."
Victoria Middleton, executive director of the ACLU of South Carolina, said she applauds the Justice Department's apparent position.
“We are glad to hear that the Department of Justice appears to recognize the importance of dismantling this illegal, discriminatory and unnecessary policy. HIV prevention can and should be managed with information and risk-reduction programs – not with illegal stigma and isolation," Middleton said in a statement.
The U.S. Justice Department has not yet provided a response.
Josh Gelinas, communications director for the Corrections Department, said the agency is not releasing the letter from the Justice Department until the agency has completed its response and sent it to the federal government. The Post and Courier has requested a copy from the Justice Department as well.
Gelinas said the prison system created dormitories specifically for HIV-positive inmates in 1998, a decision that has been upheld by the courts. In the past, inmates have brought cases against the prisons over the policy.
"To be clear, inmates in these dormitories are allowed to attend activities with other inmates, including work, school and faith-based programs," Gelinas said in an e-mail.
Gelinas said that since the prisons began housing HIV-positive inmates together, only one instance of the disease being transmitted from one inmate to another was recorded. That happened last year, he said.
The number of HIV-positive inmates has dropped from 582 in 2000 to 420 as of Jan. 1, according to Gelinas. During that same time, the total prison population increased from 22,053 to 24,734.
