Q.L.T. is Released! CHLP Co-Authors Amicus Brief on Behalf of HIV-Positive Pregnant Woman; Federal Judge Releases Her on Bail (2009)

The Center for HIV Law & Policy has been working with a coalition of legal and public health advocates to overturn the prison sentence of Q.L.T., a woman whose sentence was extended because of the fact that she is HIV-positive and pregnant. We are happy to report that thanks to the efforts of Ms. T’s attorney, Zachary Heiden of the Maine ACLU, and the amicus brief CHLP helped to draft and coordinate, Judge Woodcock released Ms. T on bail on Monday, June 14, 2009, pending her appeal before the First Circuit.

In May, 2009, Ms. T. pleaded guilty to possession and use of false immigration papers. Contrary to applicable federal sentencing guidelines and the joint recommendation of the prosecutor and defense attorney, a federal judge sentenced Ms. T to a total of 7.9 months in prison. The interests of the “unborn child,” he argued, necessitated that Ms. T remain in prison past her due date so that he could ensure she received treatment to prevent HIV transmission to the child she was carrying.

Working quickly last week over a three-day period after hearing about the case, CHLP and National Advocates for Pregnant Women filed an amicus brief on behalf of a diverse group of medical, public health, and HIV experts and advocates arguing against Ms. T’s continued incarceration. The brief argues that the sentence is at odds with the federal sentencing guidelines, multiple state court decisions opposed to incarcerating pregnant women to protect the health of their fetuses, and best practices for the health care needs of pregnant women living with HIV. The brief includes the list of organizations who endorsed it.

For more information about the case, read Margo Kaplan’s blog, “Behind Bars for Being Pregnant and HIV-Positive.”