Chapter 33

Prison Work and

Industry
 Chapter Objectives
• Describe the importance of written work
policies and the benefits of inmate work
assignments.
• Explain the role of administrators in work
supervision and the benefits of prison industry
programs.
• Outline issues associated with prison industry
programs and the laws that have been enacted
to address these concerns.
 Introduction
• Prison administrators have long known the benefits
of having inmates involved in meaningful work or
program assignments, such as academic or
vocational education.
• The benefits of prison industry programs include:
– Reducing the debilitating effects of idleness and boredom
– Improving the safe management of prisons
– Teaching inmates valuable work skills
– Improving inmates’ chances of success upon release
 Work Policies
• All prison and jail facilities with work programs
must have a written philosophy in place clearly
defining the departmental policies concerning
inmate employment.
• Correctional agencies should also have a
written departmental policy that delegates to
various facilities and the authority to develop
institutional policies and procedures covering
the areas of inmate maintenance assignments.
 Work Policies (cont.)
• Each facility must develop written institutional
policies and procedures and make them
available to all staff and to the incarcerated
population. This written document must be
based on the departmental principles
statement and must be understood by all staff
and inmates.
 Work Policies (cont.)
• A policy document that establishes an inmate
work program should include:
– The types of maintenance jobs available
– The skill levels required for each position
– The pay ranges of the individual positions (if there
is an applicable inmate pay system)
– Nonmonetary benefits associated with working,
such as extra “good time”
– Any other items that merit defining
 Work Policies (cont.)
• Privately owned and operated facilities must
have a written corporate policy concerning
inmate work assignments that allows the
individual facilities to develop policies and
procedures.
 Types of Work
• The types of jobs available at any given correctional
facility will very depending on the security level of
the institution – it is easier to employ more inmates
at lower-custody-level facilities.
• Maintenance work assignments are among the most
common jobs inmates perform. They not only help
create a healthy atmosphere in the institutional
setting but reduce operating costs.
– Common maintenance assignments include assistance
with food service, cleaning, and custodial tasks
 Types of Work (cont.)
• The types of jobs available at any given correctional
facility will very depending on the security level of
the institution – it is easier to employ more inmates
at lower-custody-level facilities.
• Maintenance work assignments are among the most
common jobs inmates perform. They not only help
create a healthy atmosphere in the institutional
setting but reduce operating costs.
– Common maintenance assignments include assistance
with food service, cleaning, and custodial tasks.
 Types of Work (cont.)
• One of the largest users of inmate labor in a facility is the food
service department.
• Supervisory staff must be alert and observe these activities
because, on occasion, staff will allow overly ambitious inmates
into restricted areas to clean, thus relieving employees of this
responsibility. This activity can seriously jeopardize the security
of the facility.
• Skilled inmates may practice their trades assisting electricians,
painters, welders, and heating and air conditioning specialists.
Plumbing services may also be provided by inmate maintenance
plumbers working under the supervision of security staff.
Inmates may also help paint to cover any graffiti or worn paint
areas or maintain lawns, shrubs, and the grounds in general.
 Types of Work (cont.)
• One of the largest users of inmate labor in a
facility is the food service department.
• Supervisory staff must be alert and observe
these activities because, on occasion, staff will
allow overly ambitious inmates into restricted
areas to clean, thus relieving employees of
this responsibility. This activity can seriously
jeopardize the security of the facility.
 Types of Work (cont.)
• Skilled inmates may practice their trades
assisting electricians, painters, welders, and
heating and air conditioning specialists.
Plumbing services may also be provided by
inmate maintenance plumbers working under
the supervision of security staff. Inmates may
also help paint to cover any graffiti or worn
paint areas or maintain lawns, shrubs, and the
grounds in general.
 History
• Research The idea of having prisoners work
dates back to the early history of corrections –
as many prisoners had very useful skills.
• Administrators began to focus on the
economics of prison industry—the goal being
to generate revenue in excess of the cost of
maintaining the prisoner.
 History (cont.)
• In the early 19th century, the state of New York,
developed the congregate system where prison
workers worked in a factory producing labor-intensive
goods for sale to reduce the cost of operating prisons.
• In the south, labor programs focus on agricultural
industries.
• Some of these programs lead to claims of abuse by
contractors who used such workers. In the south,
some states used prison workers as a way to initially
replace slavery.
 The Legal Framework
• The open market sale of prisoner-made goods
incited free labor and private business to unite
to bring about legal restrictions on the sale of
inmate products. This lead to the elimination
of certain prison industry operations.
 The Legal Framework (cont.)
• Several states enacted laws that restricted
inmate work and training programs. At the
federal level, several statutes were passed,
including the Sumners-Ashurst Act. Passed in
1940, this law made it a federal crime to
knowingly transport convict-made goods in
interstate commerce for private use,
regardless of what state law allowed.
 The Legal Framework (cont.)
• In 1979, Congress passed the Justice Systems
Improvement Act (commonly called the Percy
Amendment after its leading proponent),
which permits waivers of the Sumners–
Ashurst restrictions on the interstate sale of
prison-made goods with several stipulations,
including the payment of a prevailing wage,
and the consultation of local labor union
officials.
 The Legal Framework (cont.)
• After some debate and struggle, the state of
New York created a system that precludes the
sale of prison-made products to the public but
promotes their purchase by the state. This
practice was adopted by other states and is
the most commonly used all across the
country today.
 Benefits
• There are many benefits to prison industry
programs. First, they save taxpayers money. Most
prison industry programs are at least partially self-
sustaining, generating their income from the sale of
goods and services.
• Some of the wages paid to inmate workers are
applied to restitution, fines, child support, and
alimony. Inmates also send some of their earnings
home to their families. These revenues can reduce
outlays for public assistance of various types.
 Benefits (cont.)
• Prison industries can contribute to the safe
management of prisons, by providing productive
work and reducing inmate idleness.
• Prison industry experience improves inmate success
upon release. Research has shown that inmates who
worked in Federal Prison Industries (FPI) while in
custody were 24% less likely to recidivate and, thus,
more likely to successfully reintegrate into society as
a law-abiding, tax-paying citizen upon release.
 Benefits (cont.)
• When former inmates are employed and not
engaged in criminal behavior, the obvious
additional benefits include:
– A reduction in crime
– Improved public safety
– Greater contributions to the gross domestic
product
• Increased tax revenues
 Concerns
• A well-rounded work and program environment can
assist greatly in maintaining a safe, secure, and healthy
institution, but there are several areas of potential
concern:
– Diversity - It is important that the chief executive officer of the
facility have a written policy stating that all work assignments
should be filled by inmates of all races or ethnicities, in
proportion to the makeup of the inmate population
– Access to information - Caution should be exercised to ensure
that inmate clerks do not have unmonitored access to
computers
 Concerns (cont.)
• A well-rounded work and program environment
can assist greatly in maintaining a safe, secure, and
healthy institution, but there are several areas of
potential concern (cont.):
– Dependence - Inmates should not be assigned to the
same job for an extended period of time.
– Authority - An inmate should never be put in a position
of authority over other inmates.
– Manipulation - Putting policies in writing is critical in all
aspects of prison and jail administration
 Concerns (cont.)
• A well-rounded work and program environment can assist
greatly in maintaining a safe, secure, and healthy institution,
but there are several areas of potential concern (cont.):
– Quality - The quality of an inmate work program is sometimes
neglected or given insufficient attention by managers
– Overload - Most correctional facilities require all able-bodied
inmates to have a work assignment. This requirement can easily
overload inmate crews
– Supervision. It is important that supervisors and senior managers
of an institution remain sensitive to all aspects of the work
assignment and selection process as well as the quality of work
accomplished on a daily basis
 Concerns (cont.)
• Some feel that prison work can have a
negative effect on the private sector. Because
many prison industry programs are confined
to state use sales, there are often statutes or
regulations requiring that the government
agencies buy first from the prison industry
program.
 Concerns (cont.)
• Critics also argue that low inmate wages
provide an unfair advantage to prison
industries.
• Another argument—that prison industries
take too much work away from the
community—points to a crucial debate,
namely how to determine fairly the share of
the market that prison industries should have.
 Conflicting Mandates
• Prison industries have a checkered history, and a
wide spectrum of opposition still exists. Therefore, it
is no surprise that prison industries are deemed a
success based on the extent to which they can
demonstrate the most benefit to the greatest
number of constituents. The FPI statute, for example,
requires that FPI diversify
• Ultimately, the debate is not about whether prison
industries should exist; rather, it is about the manner
in which prisoners should work.
 Public Policy Questions
• There are many public policy questions associated with
prison industries, and none of them have clear answers:
– Should Prison Industry Programs Be Required to Be Self-
Sustaining?
– Should Prison Industries Be Labor-Intensive?
– Should Prison Industries Have a Mandatory Source?
– Should Inmates Be Paid Minimum Wage?
– Should Prison Industries Be Permitted to Sell Their Products
to the Private Sector?
– To What Extent Should the Private Sector Be Allowed to
Operate Prison Industries?
 Conclusion
• Staff must provide daily routines for prisoners that
facilitate a normal, calm, and stable atmosphere.
• Work assignments contribute a great deal to this
quality of life.
• Maintenance work assignments for inmates make
an institution more cost-effective and contribute
to other important aspects of corrections
including assisting inmates in the process of
reentry and teaching a positive work ethic.
 Conclusion (cont.)
• Prison administrators should understand the critical
contributions that prison industry programs make to the safe
operation of correctional facilities. Legislators should
appreciate that prison industries may reduce costs and make
prisons more manageable.
• The private sector is legitimately concerned that prison
industry growth will come at an expense, and there are
sometimes difficult choices among the various options and
competing interests.
• Successful industrial programs are the by-product of good
communication, quality production programs, and skill in
juggling these competing interests.