A second chance for a life on the outside

Chairman and honourable members of the Texas Association of Business, ladies and
gentlemen

Thank you for your invitation to address the seminar A Second Chance with my
views on this important topic. My name is Hrundi V Bakshi. I am currently in the
post-graduate sociology doctoral degree programme at the University of Texas in
Austin, researching the rehabilitation of offenders.

My research indicates that there are five important points that must be made on the
issue of employing ex-convicts.

The first point is this: according to John Sprovieri, in an article in Assembly Magazine
from May 2016 (Sprovieri, 2016), the US Bureau of Justice Statistics reveal that 2.3
million Americans are in prison, which corresponds to approximately 0.7 per cent of
America’s population, a significantly higher proportion than any other country in the
world. The figure also exceeds the 0.4 per cent of the US population in active
military service by nearly double. As 97 per cent of these convicts will be released
from the penal facilities in which they are incarcerated back into society at some
point, the numbers are compelling: American society must make a strong effort to
harness the human resources of this group for the benefit of society. Recidivism is
much too high, and the rate is growing. Currently, 30 per cent of convicts released
are arrested for parole violations within six months; in fact 35 per cent of all new
prison admissions are parole violators, compared to 17 per cent in 1980, a figure
shows that the problem has grown by more than 100 per cent over the past 38
years. On top of this, 67 per cent are imprisoned within three years for new crime
committed. Recidivism of this magnitude must clearly be addressed.

Second, another set of figures shows that particularly one factor has a significant
positive effect on recidivism. Statistics on the 262,000 federal prisoners released in
Texas between 2002 and 2006 show that while approximately half of those who
were unable to secure paid employment ended up back in prison, 93 per cent of
those who did find paid employment managed to be reintegrated in society and
build a life. Obviously these figures suggest the main focus of today’s presentation:
helping former convicts achieve a normal life and thus contribute to the life and
prosperity of our communities and of our nation.

The third point that must be made is that many tend to think of this area purely in
terms of a utilitarian view of human resources and their economic benefits.
However, while this may certainly be one factor in the overall picture, too much
emphasis on this could lead to the view that convicts should be kept in prison
where, the Thirteenth Amendment to the Constitution of the United States of
America notwithstanding, convicts are not protected against forced labour and
slavery. The US courts have consistently found that criminal penalty may include
forced labour, for which convicts are not entitled to wage compensation. Such
arrangements (N/A, n/a) have included the Convict Lease arrangement that was in
force from 1865 and was only finally abolished in Alabama in 1927, the Mississippi
For-Profit Prison Labour System that existed well into the 1970s, as well as other
similar schemes. The focus of the Second Chance considered at this seminar must be
entirely on rehabilitation and the well-being of released convicts and the human
dignity that the ability to earn a living bestows on a person.

On the one hand, it must be recognised that individuals end up in prison for reasons
that are generally not trivial, and frequently very serious. Convicts have shown by
their actions that they place their own needs and desires over the well-being of
others when an opportunity or a short-cut has offered itself, so scepticism on the
part of employers and the general public is often warranted. In the light thereof,
persuading employers and local communities to accept ex-convicts as employees,
colleagues and neighbours is asking a lot. On the other hand, we have the ultimate
moral foundation for accepting the obligation to help. This foundation is Jesus’ call
to show mercy to the poor, the weak and the outcast. His example of dying on the
cross to atone for the sins of us all, whether we are convicts like Barnabas or
seemingly decent sinners like all of us in this distinguished assembly, is as
compelling as His words. Fundamentally, Jesus died for people who deserve nothing
but punishment. The punishment of our sin was laid on Him. So His example
compels us: we must find the courage and resolve to help others, including ex-
convicts, on the moral basis that it is the right thing to do. Additional arguments for
helping are helpful, but ultimately not needed.
The fourth point is a very practical matter. While companies must be informed of
the facts, more must be done to help employers overcome the fear and stigma
generated by the mere existence of a criminal record in the hiring situation. One
step toward achieving this is “un-boxing”, removing the box to be marked in
applications, and introducing a more nuanced way to deal with the existence of a
criminal record and the offence committed. Always remember that a clean record is
no guarantee of success in a job.

Fifth, despite the security risk that some ex-convicts pose to companies, we must
keep in mind that employing them offers attractive benefits also. Many prisoners
undergo education and vocational training programmes that upgrade their
qualifications. Some of them also possess a high level of motivation that drives them
to work hard, in fact sometimes harder than colleagues with a clean record, in order
prove themselves (Spanne, 2016). Butterball Farms, Target, Home Depot and
Walmart are just some of the well-known corporations that hire former convicts on
a significant scale. Obviously, the Federal Bonding Program, which provides
companies with free insurance against losses caused by ex-convict employees for
the initial six months and the Federal Work Opportunity Tax Credit scheme, which
allows a tax credit of up to USD 2,400 per ex-convict employed, provide supporting
financial incentives to engage actively in hiring such manpower. With 30,000 people
released from prison every year in Texas alone, the financial incentive to Texan
companies potentially amounts to USD 72 million (Tomlinson, 2016). As
representatives of the business community, you will have no problem in seeing the
potential of this pool of subsidised and, in many cases, well-trained manpower.

Allow me to summarise the main points presented. America has a significant

problem in reintegrating the nearly 0.7 per cent of its population that are convicted
and sentenced to prison for various crimes. As nearly all, in fact 97 per cent, of the
convicts return to society after having served their sentence, ignoring the problem
of re-integrating them into normal life and employment is simply not a viable
option. There are sound moral, human and economic reasons to drive motivation
for all parties involved, government, ex-prisoners and companies alike. In addition,
there is a framework of incentives, financial and educational, which can help us
achieve better re-integration and a normal life for thousands of Americans who
need us to come up with real solutions to rehabilitation.
I close with the conclusion that the business community in Texas must seize this
opportunity to give a second chance to many people who, having served their
sentence, need to find a way back into society. Texan companies must do this so
that enterprises - and all of us - may benefit from this large resource of manpower
and, even more importantly, from lives restored.

Thank you for your attention. I shall be pleased to answer questions from the
audience at this point.

Works Cited
N/A, n/a. Wikipedia. [Online]
Available at: https://en.wikipedia.org/wiki/Penal_labor_in_the_United_States
[Accessed 26 October 2018].

Spanne, A., 2016. The Guardian. [Online]

Available at: https://www.theguardian.com/sustainable-business/2016/feb/04/us-prison-system-ex-
offenders-employment-walmart-target-civil-rights
[Accessed 26 October 2018].

Sprovieri, J., 2016. Asssembly Magazine. [Online]

Available at: https://www.assemblymag.com/articles/93381-giving-ex-cons-a-second-chance-on-the-
assembly-line
[Accessed 26 October 2018].

Tomlinson, C., 2016. San Antonio Express News. [Online]

Available at: http://www.expressnews.com/business/local/article/Commentary-Is-Texas-wasting-money-
by-locking-up-10829874.php
[Accessed 26 October 2018].