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Effects of Prison Privatization on Mass Incarceration

Herbert Lopez

English 102
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Abstract

The purpose of this paper is to outline the pros and cons of using prison labor as a form

of punishment. The privatization of prisons has been recently used for using the prison

population as a cheap source of labor. Prison workers are often used to work long hours under

unsupervised conditions. Workers are often overworked and are paid measly wages in exchange

for room and board. Though using prisoners as laborers is unethical, it can help offset tax costs

for citizens, but it does not solve the mass incarceration component. Through the following

evidence and rhetoric, the downside of mass incarceration is outlined.

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A growing population and increasing corporate competitions, have made the quest for

cheap labor a priority. Rising costs and high demand for product have forced corporations to find

cheap labor in places beyond the standard blue-collar factory. As the population grows, so does

supply and demand. According to Samuels (2015), the average cost per prisoner in 2014, was

$30,619.85 or about 84 dollars per day, which included housing, food, and guards. This cost is

per prisoner in the federal prison system. Faced with these exorbitant costs, prisons must decide

how to effectively offset these costs, so that the public doesn’t have to directly pay for them in

taxes. As a result, many prisons have teamed up with these corporations to provide cheap labor

in exchange for money, that help the prisoner pay for his or her own room and board. Though the

method and idea might seem smart or ideal, it can be a slippery slope and can encourage some

basic violations of human rights. The purpose of this paper is to demonstrate how instilling labor

in prison can encourage mass incarceration for smaller crimes as well as to demonstrate how this

method of sentence can violate the most basic human rights.

In 2009, the national average pay for a typical minimum average job was around $7.25

per hour (LeBaron, 2008). This was what was directly paid out to the individual before taxes

were deducted, also known as gross pay. According to an article by CNN Money that was put

out in 2010, almost the same year this statistic was drawn, the real cost of having an employee

was almost twenty dollars per hour. After an employee is paid, there are added costs to having

this employee, such as the cost of training, federal and state taxes, health insurance, workers

compensation, sick pay, paid time off, uniforms, and sometimes even maternity leave. On top of

the hidden costs, corporations must comply with the Occupational and Safety Health Act

(OSHA). According to Crowley (1999), OSHA’s goal, since 1971, has been to “Send every
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employee home whole and healthy every day.” OSHA’s main job is for employees to follow

codes that keep the worker free and safe of injury. Due to the small amount of information that

comes from inside prison, it is very hard to know if OSHA is enforced inside prison for workers.

This potential issue, raises a lot of questions about worker’s rights and what rights can prisoners

actually have as workers inside the prison system. Lastly, it is important to remember that

prisoners are the “forgotten” population, since they technically have “no rights”.

According to Kelly (2015), the United States has “the highest incarceration rate in the

world and more prisoners than any other country in the world; with 5% of the world's population,

the U.S. incarcerates 25% of the world's prisoners.” This statistic is pretty significant in that it

raises questions about the guidelines of imprisonment. Who gets imprisoned? For how long do

they get imprisoned” and most importantly, for what crimes? According to the same source, it is

the “largest racial inequality”, this being that the majority or half of the prison population is

African American. With statistics like these it is hard not to view mass imprisonment as a form

of modern-day slavery. That is, the utilization of minorities to perform low-skilled jobs, free of

regulation, worker’s rights, proper wages, and unsafe conditions.

With an available selection of individuals sitting in a prison cell, corporations and jails

see the potential for profit. Corporations are constantly on the lookout for cheap labor, quality

work, workers that are willing to forgo health insurance, paid holidays, and of course all the

benefits that come from a typical blue-collar job in America. With the minimum wage inside

prison, being as little as 23 cents per hour, it is easy to see how corporations might opt for using

prisoners as a cheap source of labor (LeBaron, 2009). This statistic shows a significant

discrepancy between a job inside prison and a job outside of prison, not taking into account the

inflation that has occurred over the last ten years. Looking at this statistic raises a lot of questions
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as far as worker regulations go and the number of hours these prisoners are working on a weekly

basis. Additionally, these “earnings”, are not all profits, according to the same source, these

prisoners must give up eighty percent of their wages to room and board. Looking into who these

corporations are, might also give some insight into what exactly these corporations are averaging

profit-wise. According LeBaron, these corporations include Boeing, Victoria’s Secret, and

formerly Whole Foods, which can give the public an idea of the margin profits that are being

produced.

In 2015, Whole Foods, one of the corporations that publicly refrained from using prison

workers as a source of labor, withdrew their ties from the Colorado prison system. The

corporation utilized prison workers for the production of tilapia and cheeses that they then went

on to sale to affluent neighborhoods in suburban America. According to Michael Silverman, “a

WholeFoods spokesman, said the company had begun the program as a way to "help people get

back on their feet and eventually become contributing members of society (Harman, 2015).”

According to the same source, the proceeds that were profited from selling these products were

used to offset prison costs amongst the general population and ultimately cutting down on

taxpayer dollars. Additionally, State Department of Corrections spokeswoman Adrienne Jacobs,

expressed that about 80 percent of prisoners that had held a prison job for at least six months,

tended to refrain from activities that would land them in jail again. With statistics like these, it

would almost be impossible to argue why having prisoners work for corporations whilst

incarcerated would be a bad thing.

However, according to Kelly (2015), “Strong evidence exists that high incarceration rates

in communities actually result in an increase in subsequent crime.” Having individuals that have

just left the jail system, re-enter into the same community, can fall into a cycle of depression,
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mental health issues, and substance issues. Individuals that are released after being incarcerated,

are thrown back into society with little assistance and little guidance. When these people go back

to their communities, the problems that they came into jail with remain unresolved and thus the

cycle continues. Additionally, many times it is children that suffer, “The majority of incarcerated

women have infants or school‐age children, and families or the foster care system must step in to

provide immediate care for children. Incarceration of a parent and the resultant impaired parent‐

child bonds has immediate negative effects on children in the form of disruption and loss (Kelly,

2015).” Once children have experienced the removal of a parent, it leaves a traumatic mark on

their lives and sometimes, results in the continuation of these bad choices and misbehavior. Mass

incarceration does not break the crime cycle.

Maybe labor in jail will help straighten out a person who is up to no good, but at the same

time, the crime has to be looked at as well. What are these individuals being incarcerated for?

Despite the pros that come with having prisoners work for their room and board, such as lower

taxes, lessened crime rates, and a strong deterrent for ex-convicts, there is also evidence of the

rise of incarcerations for smaller crimes. According to Cooper et al. (2016), the American

Legislative Exchange Council or ALEC, “seeks to expand the private prison industry in three

ways: (1) promoting greater use of private prisons, goods, and services, (2) promoting greater

use of prison labor, and (3) increasing the size of the prison population (p. 380).” This

information was taken from a leaked document that outlined many legislative bills that were

speculated to have been passed for unethical reasons. The council itself is thought to have

tampered with public policy actions that directly affected the extension of incarceration

sentences and corporate business in jails. These particular ties of ALEC with the bills shows that

they were purposefully altering the correctional system and slowly turning it into a cheap
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workforce for various companies with sweatshop-like conditions. In the leaked document, ALEC

expressed intentions of “expanding definitions of existing crime, creating new crimes, enhancing

enforcement of existing crimes, amending the trial process to increase the likelihood of

incarceration, and lengthening prison sentences for crimes pose a threat to civil liberties (p.

380).” With evidence like this, what once seemed like a great way to teach prisoners a life-long

lesson and a way to reduce costs for taxpayers, now raises conflicting thoughts regarding the

ethics of such actions.

Though a lot can be said about the benefits and downsides that have been brought about

due to the labor system inside US prisons, it all boils down to profit. According to the study

performed by Welch (2007), over the last several years, corporations have caught sight of the

gold mine that lies within correctional institutions. In prisons, business is very convenient

because it is cheap, productive, and reliable. The nation has seen a rapid growth in prison

population that directly correlates with the marketplaces that utilize labor that comes from it. In

contrast to many views, this research actually supports the usage of prisoners as means of profit

for these companies. Lobbyists who have privatized correctional institutions believe that

prisoners should at least contribute in positive ways towards society whilst serving a sentence.

According to Sliva et al (2018), large corporations have an easy time making business off of

privately owned correctional facilities because of the weak restrictions that are applied within the

justice system. Sadly, this free marketplace negatively impacts a large group of minorities in the

United States. Trends have shown that in recent years imprisonment rates have skyrocketed,

whilst also showing that a large proportion of these inmates are in fact minorities (Sliva, 153-

160). These rising trends may become of greater concern in the near future because of the role

that modern punishment has taken in society.

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According to Gran and Henry (2017), the process of inmate rehabilitation methods and

procedures are put forth by none other than corporate lobbyists. The shift in correctional

authority has brought forth many issues and concerns to the public eye. It is believed that the

government holds the interest of the people in the highest standards, but the same can’t be said

about these corporations who seek economic flourishment above anything else. These egotistical

entities have been the cause which transformed the rehabilitation and sentencing of inmates into

nothing more than a quest for financial gains.

Some might argue that, using the prison system as a labor force might seem unethical or

as a form of modern-day slavery, but in reality, it provides more than just a “punishment” for

prisoners. Using this method of imprisonment provides a deterrent for individuals that might

think about carrying out a crime. According to the earlier Whole Foods source, individuals that

were involved in this prison work system, got and maintained a job six months after

imprisonment and refrained from acts that would land them in jail again. Not only this, but

prisoners also had a chance to pay for their room and board in order to see how much it would

cost to be locked up. Though using work in prison as a way to deter future prisoners from

engaging in crime is one of the biggest pros, there is also the fact that the general public will not

have to pay more taxes in order to pay for crimes that they did not commit. Ultimately, having an

individual incarcerated costs money and because it is a human, the cost is pretty significant. The

public has to pay out for facility maintenance, guards, food, room, and board. Having the

individual work and pay off most of these costs brings down the public’s taxes.

A solution to fixing this mass incarceration problem, whilst at the same time having

prisoners take responsibility for their wrong actions, is to reform the prison system by putting

restrictions on corporations that utilize the labor. According to Austin (2011) the government is
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capable of taking steps so that these corporations will not receive such significant profit. Austin

states that a large reason that prisons have been a great source of cheap labor is because of

capitalism. Capitalism in itself is not bad, this ideology is what gives rise to members in a

community who want to thrive and have economic stability. The problem here in this nation is

that corporations are so motivated by wealth, that they become money hungry and do anything in

their power to make larger profits. This hunger is what has turned the modern US prison system

into a form of modern-day slavery. In order to decline the rate of mass incarcerations, there

would need to be a restructuring within the criminal justice system. The government would

ultimately need to take back charge of these prisons and ban privatization in order for this type of

corruption to stop.

Removing the privatization of prisons and placing bans and restrictions on corporations,

can benefit both entities. Corporations can still receive cheap labor, but regulations will have to

be set in place. Prisoners can get support and can learn the basic skills in order to become a

successful citizen in the free world. It is all about achieving the right balance. As of right now,

the reason that crimes are being reclassified is in order to fill up prisons and develop a bigger

labor force. The truth is, that if regulations were set in place, people would be tried differently

under the justice system and only the individuals that really need this type of punishment will

receive it. It is possible to have both, but the government must intervene and ban privatization.

Both views regarding the use of prison labor have valid ideas and because we do not live

in a perfect world, it is hard to cater to both sides. Yes, individuals should have basic human

rights that protect their dignity and health, but at the same time, prisoners are incarcerated for

unlawful actions. Taxpayers should not have to be responsible for the consequences of these

actions, but at the same time, organizations should not be incarcerating individuals for long
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periods of time for misdemeanors. Whilst the use of labor as a deterrent to the prison system is a

good idea to keep crime levels down, it is also a slippery slope. Greed and capitalist principals

can impact how the jail system is ran in favor of high profits. The key in maintaining the right

balance of punishment and profits is to maintain the general public aware of the on goings inside

the prison system and who exactly is participating in the profit game and for what reasons.

In the scope of things, making prisoners pay for their own room and board is not a bad

thing. Making them work for the crimes they committed is a true learning experience, but they

must be treated with the same human rights that a worker is treated with, whilst out on the job.

Human rights meaning, fair hours, proper compensation, and a safe work environment. Since the

corporation itself is involved now, they must provide some kind of safety regulations for this

workforce, because after all, they are producing goods. If prisons are profiting, then this

information should be put out to the public. How much are they profiting and under what

conditions. Mass incarcerating individuals in order to attain cheap labor is not the way to go.

Individuals that are in the prison system, should be there because they belong there, not because

they are needed there. Redefining what a crime is and avoiding cruel and unusual punishment

can stop this mass incarceration, whilst providing a form of rehabilitation for these individuals.

Banning the privatization of prisons can provide a fair and just work environment for individuals

that have committed crimes.

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