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A Bill to Divest Associated Students of the University of California San Diego From The Prison Industrial Complex

Authored By: Students Against Mass Incarceration Sponsored By: Note: This would include a list of AS Senators, AVPs, Campus and Community Orgs. Please email SAMI Sami.ucsd@gmail.com if you would like your group or organization added to the list of sponsors.

DRAFT The following bill is written in solidarity with those who authored and sponsored the prison divestment bills at ASUC Berkeley, ASUC Santa Barbara, and ASUC Los Angles. Much of our language is inspired by their documents. It is also written in solidarity with the UCSD Divest For Palestine and UCSD Divest Fossil Fuels campaigns. The authors and sponsors of this bill write with the hope that the remaining ASUCs will take up divestment campaigns at their campuses, and that together, our campuses can mobilize a broader cross-campus effort to divest the University of California from the Prison Industrial Complex.

I.

WHEREAS, WHITE SUPREMACY, ECONOMIC INEQUALITY, AND HETEROPATRIARCHY CREATE LETHAL INSTITUTIONS THAT RUN CONTRARY TO THE PRINCIPLES OF A TRULY DEMOCRATIC SOCIETY WHEREAS, THE PRISON IS ONE SUCH INSTITUTION, given that: It functions as a new form of slavery by incarcerating more black men than were enslaved in 18501 -- including 1 of every 9 black men between the ages of 20 and 34 -- and exploiting their unfree labor to generate corporate profits2 It incarcerates poor people of color, especially black people, Latina/os and Native Americans, at extremely disproportionate rates compared to the rest of the population3 It subjects women, LGBTQ, and gender non-conforming communities to systemic sexual violence4 It subjects black women, who make up the fastest growing prison population, to increasingly disproportionate rates of incarceration5 It represents a capitalist institution that overwhelmingly targets poor people, as the greatest proportion of the over 2.5 million people in US prisons, jails, and immigrant detention camps were in poverty at the time of their arrest It subjects people to inhuman and inhumane forms of punishment that far exceed the parameters defined by the United Nations.6 According to the U.N., 15 days in solitary

II.

1 2

Alexander, Michelle, The New Jim Crow http://www.pewstates.org/research/reports/one-in-100-85899374411 3 Davis, Angela, Are Prisons Obsolete (pp. 20) 4 http://srlp.org/files/warinhere.pdf ; see also http://truth-out.org/news/item/13280-women-prisoners-endurerampant-sexual-violence-current-laws-not-sufficient 5 Davis, Angela, Are Prisons Obsolete (pp. 19) 6 http://ccrjustice.org/solitary-factsheet

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confinement constitutes torture.7 U.S. Supermax prisons routinely cage thousands of people in solitary confinement for decades, leaving them with unimaginable and well-documented physical and psychological trauma U.S. prisons cage the highest number of human beings in the world, far exceeding other nations. Though the U.S. has 5% of the worlds population it cages a quarter of the worlds prisoners (2.5 million prisoners)8

III.

WHEREAS, THE PRISON IS A FALSE FIX FOR DEEPER STRUCTURAL PROBLEMS, given that: National crime rates were falling by the time the prison construction boom began9 Communities without access to legal opportunities for employment are more likely to produce people who are imprisoned. In the 1970s and 1980s, manufacturing industries, including textile, steel, and auto industries, laid off millions of workers and moved operations overseas for cheaper labor. This shift left large segments of the population unemployed and impoverished. Since black communities and other urban communities of color statistically have fewer resources at their disposal (because of economic and structural inequalities), the decline of U.S. manufacturing impacted them more dramatically than other groups.10 Prisons cannot address this.

IV.

WHEREAS, THE PRISON IS AN INDUSTRY NOT A SOLUTION, given that: In the last few decades, prisons have become a $70 billion industry by catering to corporate interests. The prison-industrial complex is built around the needs of private for-profit prisons and detention-centers, construction and defense contractors, and segments of the manufacturing and service industries. Corporations selling everything from airline tickets to lingerie rely upon extremely cheap prison labor for increased profits. Privately-operated federal facilities have grown 600 percent faster than state-level contract facilities since 2010, and now represent the single most quickly-growing corrections sector State and local facilities, like other branches of the current neo-liberal order, are fully privatized through the corporate speculation on human entombment through lucrative privatepublic contracts ranging from long-distance services, construction, surveillance technologies, etc.

7 8

https://www.un.org/apps/news/story.asp?NewsID=40097 http://www.nytimes.com/2008/04/23/world/americas/23iht-23prison.12253738.html?pagewanted=all 9 Davis, Angela, Are Prisons Obsolete (pp. 17) 10 Goldberg and Evans, The Prison Industrial Complex and the Global Economy (pp. 9)

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Poor and unemployed people outside the prison are subject to extremely low-wage or nowage labor inside the prison Nearly a million prisoners are currently performing a range of tasksmanufacturing office furniture, textiles, shoes, clothing, and Victorias Secret lingerie, making hotel and air travel reservations, raising hogs, shoveling manure, performing data entry for Chevron, and constructing circuit boards, limousines, and waterbedswhile getting paid somewhere between 93 cents and $4.73 per day11 The prison-industrial complex further incentivizes warehousing people in prisons, while social services such as education and drug rehabilitation programs lose more and more funding12

V.

WHEREAS, PRISONS INVEST IN THEIR OWN PROFITS NOT THE PUBLIC GOOD, given that: Across the United States, the lowest-performing schools are consistently situated in neighborhoods with the highest rates of incarceration. In LA county alone, 69 of the 90 least funded and lowest-performing schools are in neighborhoods with the highest rates of incarceration13 Over 20 prisons have been built in California over the past 30 years, while only 2 UCs and 1 CSU have been built14 Millions of dollars from CA Proposition 30, which were intended for investment in public education, is now being funneled into prison expansion15

VI.

WHEREAS, THE CRIMINAL JUSTICE SYSTEM IS SET UP IN A WAY THAT BENEFITS THE RICH WHILE PUNISHING THE POOR, given that: An overwhelming majority of the imprisoned population has been convicted for nonviolent crimes committed out of economic need (violent injury occurs in only 3% of all crime)16 Fifty years after the United States Supreme Court ruled in Gideon v. Wainwright (1963) that the Sixth Amendment guarantees to every criminal defendant in a felony trial the right to a

11

ibid. (pp.13); see also www.alternet.org/story/155061/getting_paid_93_cents_a_day_in_america_corporations_bring_back_the_19th_cent ury 12 http://www.cacs.org/ca/article/44; see also http://www.insidehighered.com/news/2008/02/29/prisons 13 http://naacp.3cdn.net/ecea56adeef3d84a28_azsm639wz.pdf (pp. 20-22) 14 http://curbprisonspending.org/?p=950 15 http://www.thenation.com/article/176238/will-california-choose-prisons-over-schools-again# 16 Goldberg and Evans, The Prison Industrial Complex and the Global Economy (pp. 7)

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lawyer, only 24 states have public defender systems,17 and in cases where defendants do have a lawyer, they often spend less than six minutes with that lawyer18 Wealthy investors, bankers, and executives consistently engage in white collar crimes including fraud, insider trading, money laundering, and other schemes designed to make the poor poorer and the rich richer yet these individuals have the money and lobbying power to walk free

VII.

WHEREAS, THE SO-CALLED WAR ON DRUGS, WHICH HAS BEEN USED TO JUSTIFY PRISON EXPANSION, IS A FAKE WAR DESIGNED TO CRIMINALIZE AND EXPLOIT POOR PEOPLE OF COLOR, given that: Despite the fact that black and white people consume drugs at approximately the same rate, drug-related arrests of black people have been 5 times higher than arrests of white people and imprisonment rates for black people have been even more disproportionate19 Cruel and excessively harsh laws such as three strikes (extremely long sentences for minor, nonviolent second and third offenses) and mandatory minimums (long sentences with no opportunity for parole) have focused on landing low-level drug-dealers from communities of color in prison for several years to decades at a time. Over 2000 people are serving life without parole for nonviolent drug crimes and many thousands more are serving years and decades in prison for nonviolent drug crimes20 The United States government has never officially acknowledged its own involvement in the proliferation of drug use in the United States, stemming from operations including the importation of heroine from U.S.-allied Vietnamese traders during the Vietnam War and the cocaine-for-weapons sales with U.S.-allied insurgent groups in Central America in the 1980s. The US governments complicity in the importation of drugs makes it largely responsible for the life-threatening effects of drug use in poor communities of color21

VIII.

WHEREAS, THE CITY OF SAN DIEGO AND THE UNIVERSITY OF CALIFORNIA, SAN DIEGO, AS CURRENTLY GOVERNED, CONTRIBUTE TO THE SITUATION OUTLINED, given that: Built on occupied Kumeyaay land in the most affluent part of the City, UC San Diego primarily serves middle class and affluent communities while using a manufactured budget crisis to implement fee hikes and cutbacks to transportation and support services, effectively excluding working class people and poor people from the promises of public education. By restricting access to the public university, UC San Diego has created a pipeline

17 18

eji.org/node/752 brennancenter.org/publication/community-oriented-defense-start-now 19 Goldberg and Evans, The Prison Industrial Complex and the Global Economy (pp. 11) 20 http://www.democracynow.org/2013/12/20/obama_commutes_8_unfair_crack_cocaine 21 Goldberg and Evans, The Prison Industrial Complex and the Global Economy (pp. 11)

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to the military or prison that most drastically affects the native Kumeyaay, African American, Chicana/o, Latina/o, Middle Eastern, and refugee communities of San Diego. UC San Diego is situated in the U.S.-Mexico border region. This border has divided indigenous communities for generations. Further, anti-immigrant policies and laws have torn families apart and led to the arrest, detention, and deportation of more than 2 million men, women, and children since 2008. The majority of immigrants are detained in for-profit private prisons run by either the GEO group or Corrections Corporation of America whose combined revenue in 2011 totaled more than $3 billion22 Construction is currently underway to expand the Richard J. Donovan prison in Otay Mesa (38 miles from UCSD). This project, which costs $187 million, is one way in which the California State Legislature continues to sidestep the U.S. Supreme Courts order to reduce the State prison population. Instead of taking practical steps toward reducing the prison population, the State legislature and private contractors have devised strategies for spreading the prison population out to different parts of the state and country (as if incarcerated people are surplus goods rather than people with communities, families, and loved ones). By expanding rather than reducing, and by ignoring the well-researched alternatives offered by grassroots community based organizers, the Legislature and these contractors have shown where their priorities lie: with profits rather than with the people.

IX.

WHEREAS, UCSD IS CURRENTLY INVESTED IN THE PRISON AND PRISON LABOR, given that: The three categories that can implicate a corporation as participating in the use of inmate labor are the following: (1) Corporations, businesses, and companies that use direct inmate labor for manufacturing and service jobs; (2) Corporations, businesses and companies that contract with other companies to purchase products or services made by inmate labor (such as McDonalds); or (3) Individuals, corporations, and organizations and investment companies that support the use of prison labor or enable prison industry operations by contributing financial support to those directly involved in using inmates for labor or invest in or support private prison corporations The University of California, San Diego (ASUCSD) currently holds investments in the Russel 3000 Index and the Standard & Poor 500 Index,23 which include holdings in the following companies that exploit prison labor for financial gain or are otherwise funders of the lobbying group American Legislative Exchange Council24 (which has claimed responsibility for passing of legislation authorizing the use of prison labor and private prisons)

22 23

http://prisondivestment.files.wordpress.com/2012/10/2012-10-24-final-tool-kit.pdf (pp. 3) http://www.ucop.edu/investment-office/_files/report/UC_Annual_Endowment_Report_FY2012-2013.pdf (pp. 42) 24 http://www.dailykos.com/story/2010/12/14/928611/-INSOURCING-Identifying-businesses-involved-in-prisonlabor-or-supporting-those-who-are#

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Russel 3000 Index25: Abbot Laboratories*, Allstate Corp*., American Electric Power Association*, Archer Daniels Midland Corp.*, AT&T, Autozone Inc.*, Bank of America*, Boeing Co.*, Caterpillar Inc.*, Chevron Corp.*, Consolidated Edison Co.*, Corrections Corporation of America, Deere & Co.*, Exxon Mobil*, International Paper Co.*, Johnson and Johnson*, JP Morgan Chase and Co.*, McDonalds*, Merck and Co.*, Microsoft Corp., Motorola Inc.*, Newmont Mining Corp.*, Pfizer Inc.*, PG&E Corp., Procter and Gamble*, Service Corp. International,, State Street, Sprint, United Parcel Service*, Verizon Communications*, Wal Mart Stores Inc.*, Wells Fargo S&P 50026: 3M, American Express Co., International Game Technology UC Retirement Plan (UCRP)27: Russel 3000 Index companies mentioned above, Cargill Inc. UC San Diego Endowment Investment Pool also includes holdings in the Vanguard Group28, a company which finances the private prison companies CCA and GEO Of all the above companies, 3M, State Street, Corrections Corp. of America (a for-profit prison), and The Vanguard Group maintain the most direct connection to the prison-industrial complex 3M29 produces its products with prison labor, while State Street30 and The Vanguard Group31 maintain medium to high levels of financial support (stock) in prison labor and private prisons respectively WHEREAS, INVESTING IN THESE AFOREMENTIONED COMPANIES ALSO MAKES THE ASUCSD COMPLICIT IN THE PERPETUATION OF A LETHAL AND OPPRESSIVE INSTITUTION AND CONTEMPORARY FORMS OF SLAVERY

X.

THEREFORE, BE IT RESOLVED that no ASUCSD assets shall be invested in: The Prison Industrial Complex, including but not limited to:
25

http://www.russell.com/indexes/documents/Membership/Russell3000_Membership_list.pdf (companies with an asterisk are also included in S&P 500 Index) 26 http://money.cnn.com/data/markets/sandp/?page=1 27 http://www.ucop.edu/investment-office/_files/invpol/UCRP_Holdings.pdf 28 http://foundation.ucsd.edu/_files/endowment-performance-pdfs/endowment-June2013.pdf 29 http://www.nationalcia.org/national-training-conference/enterprise-2013-sponsor (3M) 30 http://finance.yahoo.com/q/mh?s=CCA+Major+Holders ; see also http://finance.yahoo.com/q/mh?s=GEO+Major+Holders 31 http://prisondivestment.files.wordpress.com/2012/10/2012-10-24-final-tool-kit.pdf (pp. 8)

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Corporations, businesses and companies that use direct inmate labor for manufacturing and service jobs Corporations, businesses and companies that contract with other companies to purchase products or services made by inmate labor Individuals, corporations, organizations and investment companies that support the use of prison labor or enable prison industry operations by contributing financial support to those directly involved in using inmates for labor or invest in or support private prison corporations, and THEREFORE BE IT FURTHER RESOLVED, the ASUCSD urges the UC San Diego Board of Trustees and the UC asset managers to divest from all companies profiting from the Prison Industrial Complex. THEREFORE BE IT FURTHER RESOLVED, that the ASUCSD External Affairs Vice President shall be obligated to advocate for the Private Prison Information Act of 2013; and, THEREFORE BE IT FURTHER RESOLVED, The ASUCSD reassert our commitment to fairness, equity, and equality by investing solely in companies that provide moral and fair services and products. THEREFORE BE IT FURTHER RESOLVED, that the ASUCSD urge university administrators and local politicians to support grassroots strategies of prison reduction32 rather than prison expansion and the shameless transport of human beings to warehouse-prisons far removed from their kin and their communities. THEREFORE BE IT FURTHER RESOLVED, that the ASUCSD will participate in mobilizations of the university community and its allies to ensure that parties invested in the prison industrial complex feel sustained popular pressure to divest from the aforementioned companies. THEREFORE BE IT FINALLY RESOLVED, the ASUCSD support student efforts across the UC system that aim not just at prison divestment but also at the formation of a society where true public education and prison abolition are possible.

32

http://curbprisonspending.org/?p=2555