The defence does not rest: Resisting the criminalization of HIV Ayako Miyashita Ochoa, JD UCLA, Luskin School of Public Affairs California HIV/AIDS Policy Research Center

Preliminary Matters Working Title? Decriminalizing HIV: How people living with HIV translated quantitative research into community action and legislative transformation Who is this? Advocate and academic Power? Struggle does not end with legislative success

Timeline of Events 2014: Gathering 2015: Researching 2016: Organizing 2017: Advocating 2018: Reflecting

Gathering National movement National advocate, regional advocate, and research institute No other statewide efforts No major lobbying capacity signed onto efforts

Researching No comprehensive statewide data in the U.S. No data in California how laws are being implemented who is most impacted what are the criminal penalties

HIV Criminalization in California: Penal Implications for People Living with HIV/AIDS http://williamsinstitute.law.ucla.edu/wp-content/uploads/HIV-Criminalization-California-Updated-June-2016.pdf Criminal Offender Record Information (CORI) data obtained from the California Department of Justice for any individuals who had contact with the criminal justice system under HIV statutes, from the time of enactment through June, 2014. Funded by the Elton John AIDS Foundation, The Williams Institute, UCLA School of Law, and the California HIV/AIDS Research Program

California HIV Criminalization Laws Code Section Criminalized Conduct Transmission Required? Felony/ Misdemeanor and Statutory Sentence Cal Penal Code §647f Solicitation while HIV-positive No Felony – 16 months + Cal Health & Safety Code §120291 Exposure to HIV with intent to transmit Felony – 3, 5 or 8 years Cal Penal Code §12022.85 Nonconsensual sex while HIV-positive 3 year sentence enhancement Cal Health & Safety Code §1621.5 Blood/organ donation while HIV-positive Felony – 2, 4 or 6 years Cal Health & Safety Code §120290 Willful exposure to communicable disease Misdemeanor

California HIV Criminalization Laws 95% of all HIV- related criminal incidents impacted people engaged in sex work or suspected of engaging in sex work.

California HIV Criminalization Laws HIV Prevalence in CA by Race/Ethnicity & Sex Compared With Contacts with Criminal Justice System Related to their HIV Status

California HIV Criminalization Laws White men significantly less likely to be charged with HIV-specific crime (12% vs. 31%) & more likely not to be charged with any crime (71% vs. 42%)

Every incident in which HIV-charges brought resulted in a conviction 90% led to sentences of immediate confinement 1,174 HIV-specific incidents 45% Not charged 23% Charged for a non-HIV-specific offense 33% Charged for an HIV-specific offense 100% Convicted of at least one HIV-specific charge 90% sentenced to immediate incarceration 93% sentenced to prison (avg. 30 months) 7% sentenced to jail (avg. 4 months) 8% sentenced to suspended incarceration (usually combined with probation) 3% given suspended prison sentence 97% given suspended jail sentence (avg. 7 months) 1% given other sentence (probation, fines, restitution, etc.) without incarceration

Outcomes of HIV-Specific Criminal Incidents in California, 1988 - June 2014 Overall Solicitation while HIV positive Exposure with intent to transmit Nonconsensual sex offense sentence enhancement Exposure to a communicable disease (limited to known HIV) Median length of incarceration 16 months 36 months 72 months 3 months Mean length of incarceration 28.1 months 24.3 months 53.2 months 66.8 months 2.6 months Standard Deviation 22.4 months 16.9 months 31.3 months .75 months Shortest Sentence 1 day 6 months 1.5 months Longest Sentence 71 years to life 25 years 8 years Number of convictions with known immed. incarc. sentences 320 289 5 23 3

Organizing Early conversations Coordinating meetings Conference calls LGBT lobbying capacity leveraged Education and outreach events

Early Problems Inclusion of people living with HIV Inclusion of people of color Inclusion of women Inclusion of sex workers Inclusion of unfunded partners Inclusion of unaffiliated individuals

Advocating Funding Shared principles Champion(s) Messaging research Political maneuvering Community support

Reflecting Legislative victory Elimination of most harmful law Focus on laws’ impact on HIV stigma Connecting to broader movements Renewed activism regarding formal and lived equality for people living with HIV

Reflecting Is this diversity without inclusion? Have we provided training and increased technical expertise? Are we committed to a broader strategy to eliminate criminalization overall? What was the point of building a coalition? Where do we go from here?