Subject: Reduced Sentences for HIV+ Prisoners
From: [email-masked]
Date: Wed, 9 Aug 1995 10:28:20 -0400

LAMBDA LEGAL DEFENSE AND EDUCATION FUND
Press Release

FOR IMMEDIATE RELEASE: Tuesday, August 8, 1995
                                     
                      Judge Rules HIV May Be Grounds for
                           Reducing Prison Sentence

In the first federal court ruling to recognize that defendants with
symptomatic HIV infection may be eligible for reduced sentences, a judge in
Ohio ruled last Friday that the virus that causes AIDS may be considered an
extraordinary physical impairment  under federal sentencing guidelines used
to determine reduced prison terms.  The decision is likely to influence how
other courts will rule on the issue.

Federal Judge Ann Aldrich of the Northern District Court of Ohio, Eastern
Division ruled that "while HIV status alone does not warrant a sentence
reduction,  once a defendant has developed infections related to his or her
compromised immune system, those impairments may be sufficient to warrant a
[reduced sentence]." 

The court had requested a brief from Lambda Legal Defense and Education Fund
to clarify the unique medical concerns of prisoners with HIV, and to address
where on the continuum of HIV disease a reduced sentence may be appropriate.
Lambda applauded the decision.

"This is an important step forward for prisoners with HIV,"  said Catherine
Hanssens, the director of Lambda's AIDS Project.   "It makes little sense
from a criminal justice standpoint to incarcerate people with symptomatic HIV
disease when they cannot pose a threat to society.  Alternative sentencing
for these prisoners, whether through home confinement, hospice placement, or
release is a far more compassionate response, and a far more judicious use of
taxpayer s dollars."

The case involves the appeal of Carlo Streat, who was sentenced to 63
monthsin prison after pleading guilty in June 1992 to charges of robbing a
Cleveland bank unarmed.  The prison term was based on calculations made under
the United States Sentencing Guidelines, which is used to determine sentences
for all federal crimes.  Streat appealed his sentence, arguing that the
district court erroneously concluded that HIV infection is no ground for a
"downward departure" from sentencing guidelines.

In April 1994, the U.S. Sixth Circuit Court of Appeals agreed with Streat,
and rejected the government's argument that the district court did not have
the discretion to consider his HIV status.  "[S]ections of the guidelines
could justify a downward departure under certain circumstances,"  wrote the
appellate court, which sent the case back to the district court with
directions "to exercise its discretion."

Judge Aldrich s decision, issued on August 4, is the first in the country to
hold that a prisoner s pre-AIDS condition (as opposed to  full-blown AIDS )
may justify a reduction in a jail sentence.  (Most rulings on the issue have
flatly rejected, without consideration, HIV as any basis for a downward
departure.)  Hanssens noted that the court s ruling does not warrant a
reduced sentence for every prisoner with HIV.  Rather, courts will be
required to make an "individualized determination" of each prisoner s
condition. 

In Streat's case, Judge Aldrich held that while he satisfies the requirements
for a reduced sentence, "this Court cannot exercise its discretion in good
conscious without also considering Streat's unfortunate financial and
familial circumstances."  Acknowledging that Streat has no assets, medical
insurance, relatives or family whom he can rely on for assistance, Aldrich
concluded:  "Ironically and tragically, a downward departure in this case
would result in Streat's immediate release from the federal hospital, leaving
Streat to die on the streets."

Mr. Streat passed away on November 3, 1994 from AIDS-related complications.
(The case is U.S.A. vs. Carlo Streat, U.S. District Court, Northern District
of Ohio, Eastern Division, No. 93CR0007.)

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Press Contact: Denny Lee, (212) 995-8585/0085