Free California Movement: Abolish the ‘legal’ slavery provision of the 13th Amendment to the U.S. Constitution

A statement from the NCTT-Cor-SHU:

The NCTT-COR-SHU is geared up to launch a grassroots campaign, in conjunction with other human rights activists on the inside and outside to abolish the ‘legal’ slavery provision of the 13th Amendment to the U.S. Constitution, which allows for the enslavement, involuntary servitude, and ‘civil death’ of prisoners, parolees and EVERYONE convicted of a crime in the U.S.

This provision is the civil basis for prisoners and ex-prisoner disenfranchisement, compulsory prison labor, ‘legal’ labor and housing discrimination for those segments of the population who most need fair access, disfavorable access to legal redress, a diminished standard of 1st Amendment and other essential constitutional protections, diminished access to educational, vocational, and higher learning opportunities, and most damaging to society as a whole – legitimizing the dehumanization of these citizens under the ‘law.’

The primary vehicle we will seek to employ this campaign nationally is the formation of the “Free California Movement,” in conjunction with prisoners across the state, while encouraging the formation and solidarity of other “Free… Movements” in every state in the Union. We recognize that each state’s prison system has its own unique contradictions (for example, in many southern states, prison labor is wholly uncompensated, while in California many prison jobs come with a pennies on the dollar slave wage, and other institutions have P.I.A. compensation for prison labor), but what is UNIVERSAL across the nation is all of the dehumanizing, discriminatory and inhumane statutes prisoners and former prisoners are subject to – be they prison regulations or penal codes- ALL flow from the ‘legal’ slavery provision of the 13th Amendment.

We will be reaching out to prisoners, activists, progressives, family members, friends and citizens from all walks of life in the coming months to support this vital effort which is key to positively resolving the malignant contradiction of rampant inequality and social alienation in American society. We hope we can count on your support looking forward.

Dec. 28, 2014

NCTT-Cor-SHU

CSP-Corcoran-SHU, CA 93212

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Sell Block: Broken prison labor program fails to keep promises, costs millions (3 part series)

This is a Seattle Times special report, dated Dec. 13th. 2014, investigated by By Michael J. Berens and Mike Baker.

Three decades ago, as get-tough-on-crime laws channeled more offenders behind bars, the state Department of Corrections launched a campaign to leverage profits from prisoners.

Compel inmates to produce low-cost goods for state agencies at no public cost. Teach offenders new skills to help them land better jobs after release. Turn bad people into better people and reduce crime.

Washington’s pitch — crime can pay — was an easy public sell.

Today, some 1,600 incarcerated men and women in prison factories produce everything from dorm furniture to school lunches. Washington Correctional Industries (CI) generates up to $70 million in sales a year, ranking as the nation’s fourth-largest prison labor program.

But behind CI’s glossy brochures and polished YouTube videos is a broken program that has cost taxpayers millions of dollars, charged exorbitant markups to state agencies to make up for losses, and taken jobs from private businesses that can’t compete with cheap prison labor, a Seattle Times investigation has found.

Far from being self-sufficient, CI has cost taxpayers at least $20 million since 2007, including $750,000 spent over three years on a fish farm to raise tilapia that has yet to yield a single meal.


Part 2:  Recycling scheme lost state $1 million

Part 3: Why license plates have cost us so much

“Let’s just shut down” – An Interview with Spokesperson Ray of Free Alabama Movement

By Annabelle Parker, October 2014
Q: How did you come about starting the Free Alabama Movement, what was the thing or issue that triggered it? And were you all in general population? You are still in solitary (the hole) now, right? Please elaborate on how it works from there, and what is possible, from there.

F.A.M. came about in stages and events that were somewhat unrelated to F.A.M. at the time, but

which ultimately served as seeds for the future. Small steps like coming into prison and joining a law class that was being taught by a mentor. Then, latching onto the coattail of a revolutionary PP and Black Panther named Richard “Mafundi” Lake and hearing phrases like “organize” over and over again.


And growing from a student in the law classes to a teacher. Then, taking on individual cases that started to open my eyes to the systematic approach in which the judicial system was incarcerating black youth in droves. At this time, I had  not even heard the phrase “mass incarceration.”

The next step along the process was when I got transferred to St. Clair prison, where a whole new world was opened up to me because cell phones were prevalent and so abundant. I was introduced to technology . . .  and started to learn about social media and new ways to reach out and interact with society.

By this time, I had learned that the law was not practiced as it was written, and that the criminal justice system did not really care about Justice at all.

Nevertheless, just having access to technology, I began a campaign to bring awareness to my case, and started a website called Innocentmanmelvinray.com. Being still just a tad bit naive’, I thought that I could reach out more effectively with the technology that the phone provided and get the kind of help I needed. Needless to say, this notion, too, was soon disabused.

But the one thing that this failure did do to help bring F.A.M. into existence was that it allowed me to see that there were many other people out there doing what I was doing, dealing with the same issues, but who were, likewise, not having the success that we deserved. That insight ultimately lead me back to what Mr. Mafundi always stressed: “organize.”
Realizing that there were literally thousands of “Innocentmanmelvinray’s” out there (the most poignant one that I ran across that stays in my mind is Davontae Sandford’s case), I started asking myself how can I bring these collectives together? That question sprung the concept of “FREE ALABAMA” into my mind. At that time, I was in solitary confinement and it was during that time that I had learned about the December 9, 2010, shutdown by the men in Georgia.I told myself that I could take that concept and build around it.

From my early days at Holman prison, I used to talk with two of my Brothers about how we needed to get a small camcorder into the prison. They used to laugh at the thought, because technology hadn’t shrunk camcorders then but I knew that the day was coming when they would be small enough.
From that point on, I began laying the groundwork for how I would start “organizing” my prison, and then my State, and how I would use a cellphone to record, interview, and document everything.

From reading Stokely Carmichael’s book, Ready For Revolution, I also knew that when the time came, we would be bold with our Movement. I wouldn’t allow anyone who did an interview to use a street name or nickname, because I wanted to dispel any pretense of fear in our Movement, plus, I wanted people who watched the videos to be able to go to court records in order to authenticate what people were saying about their cases and the injustices they had received — whether wrongful convictions, excessive sentences, whatever.
So when I got out of segregation I went to work. I started talking to leaders, explaining the philosophy, taking pictures, filming living conditions, and interviewing. I also started writing a manifesto. But in the process of all of this, the final thing that happened was that I read Michelle Alexander’s book, The New Jim Crow. She has a passage in there that said that it would take a “Movement” to take down mass incarceration. That was the first time I had saw anyone boldly make that statement, and it crystallized for me what I was doing, and so with that, we went from FREE ALABAMA, to FREE ALABAMA MOVEMENT.     
Then, I contacted the one person who I knew would support me 100%, because over the years we had worked on so many other projects together and I knew that this would be the culmination of all of our previous work: Kinetik Justice (g.n. Robert Earl Council).  
After I ran down everything to him he said what he always says, “Sun, what you done came up with now?? . . . I can CEE it though. Let’s run it.” And off we went and FREE ALABAMA MOVEMENT was officially founded. We haven’t looked back since.
Q: We remember that the FAM first came into view with the work-strike actions inside St Clair. Can you tell us a little more on that please, and how it worked; did you get people to start thinking for themselves and such?

Well, the work strikes, which we call “shutdowns” are the heart of our Movement to end mass incarceration and prison slavery, because the modern Prison Industrialized Complex is an estimated 500 billion dollar enterprise that is financed off of the backs of people who are incarcerated. As most people know, what is taking place within America’s prison system is modern slavery. It’s a hard reality to fathom, yet it is so true.


Starting out, what I did was to evaluate our options, which included litigation, hunger strikes, letter writing campaigns, etc., among others, while at the same time tried to get a better understanding of the system as a whole, and look at the option that gave us the most power to make a change. When I looked at what the men had done in GA, I realized that using labor strikes as a tool of Economic Empowerment gave us our best option and most leverage.

With Alabama’s economy being stagnant and down with the larger economy due to the Recession, I knew that we could have a real impact if we organize around our labor contribution. And with that, I started researching just how much of a contribution we were making to the system. I started with the kitchen here at St. Clair because I used to work for several years at Red Lobster. Using my knowledge from the industry, I realized that in just the kitchen alone, we filled over 60 jobs, with a total labor contribution of approximately 1 million dollars per year. We have people stealing sandwiches just to survive or get a shot of coffee in prison, who were giving the ADOC over 1 million in labor per year. 
All totaled, the ADOC is getting about 2 to 3 billion dollars from us in Alabama. Work release deductions, the value of everything we produce, filing fees, store, incentive packages, co-pays, fees.
When I started showing guys these numbers and putting them in terms and a format that they could understand, it made the organizing that much easier.

Once I started looking at the industries here, and started receiving more input and assistance, the numbers really started adding up. In the chemical plant alone, I was able to show the guys that they were producing 25 million dollars-worth of chemicals each year.

When I would show them invoices and then point at their shoes, or ask what they had in their box, it was an undeniable proposition to ask of them if they were being fairly compensated.

The kicker was the fact that most of us weren’t being released and had no opportunity for release, no matter the sentence. Then, the ADOC helped my cause even further when a popular old-timer, Eddie Neal, was denied parole again after already serving almost 40 years. Mr. Neal had two disciplinary tickets in 40 years, and the last one was in 1996. Guys started accepting what was going on with the parole board — they didn’t care about a clear record, good behavior, education, or anything. They were part of the exploitation-for-labor system. All I had to do was help explain to them what they were seeing. They did the rest.

We have to start being honest with ourselves about our conditions and the fact that we aren’t doing anything about it. Giving money to a lawyer is a pipe dream. Being a mental slave to ignorance, which causes one to be dependent upon a lawyer or a judge to administer justice for a constitutional violation is hype. We have to start looking for ways to create our own opportunities. Developing our own politics. That’s what FREE ALABAMA MOVEMENT (and now FREE MISSISSIPPI MOVEMENT) are all about.
Q: On the website of the Free Alabama Movement [freealabamamovement.com], we can view films and photos you made and posted on YouTube about the things you were struggling to improve or get rid of, and this is a powerful means to make clear what you are grieving and what you are up against, right? Is it more effective than grievances (which you no doubt must file in order to be able to go to court, but that is a very difficult way, especially from prison with no income).
Really, as I said, the videos were something that I had envisioned long before I envisioned F.A.M. I

Picture of a sink inside St Clair CF, Alabama, picture: F.A.M.

knew that society had no real idea of what conditions were like in prison, because I see the commentary about us having “air conditioning and eating steaks.” So, initially, the videos were  designed to show people how inhumane conditions in prison were.


As I spent more time in prison, certain things started to stick out to me: mainly how the ADOC lies and controls the narrative about prisons through a media that is denied access to the prisons, and that the media is force-fed a narrative that they weren’t questioning.

When officers assault the men (and women), we were faulted. When conditions were complained about or lawsuits filed, the ADOC “lied or denied.” So, I was determined to change that narrative. But then, in 2012, I finally stumbled across the Dec  9, 2010, actions in GA, and the two things that stuck out the most to me were: (1) they were ostracized in the media, and (2), they were beaten after their peaceful shutdown. The GDOC accused them of all types of false motives, and then went in after the fact and brutalized them. I knew that I had to document all of our grievances and produce proof for the public of why we were protesting. I was not going to allow ADOC to control the narrative in the media about our legitimate complaints.

Website front of the Free Alabama Movement

After getting some guys to overcome their fears of repercussions for going on camera, something unexpected happened: the Men began to open up about our conditions in ways that they never had before. It sparked conversation, opened up debates, and it revealed to guys the fact that most of us had NEVER been heard before about our circumstances, our cases, or our desires to be free, to be fathers, to receive education, etc. No one, prior to F.A.M., had given us that chance to speak in our own words. So guys opened up and gave us something that can never be taken away. For the first time, WE TOLD OUR STORIES, IN OUR OWN WORDS,WITH OUR OWN DIALECTS AND PHRASES. And we posted it all over YouTube, Facebook, and anywhere else we could find a space.

Q: You made connections with people inside MS prisons and now they too are organizing peacefully in a similar way? Please elaborate.
Yes, it is correct that we made connections with people in Mississippi who are organizing FREE MISSISSIPPI MOVEMENT and Non-Violent and Peaceful Protests for Civil and Human Rights. But we have also made contact with people on the inside in Georgia, Virginia, and California, and we have also connected with families and organizations in Florida, Arizona, Texas, Washington, Illinois, Pennsylvania, and Texas.

In fact, the people in Mississippi, and in particular, a woman named LaShonda Morris, found us because of our media. She was looking for someone to help who was about this work of confronting mass incarceration and prison slavery for real and not just talking. Thankfully, she found FREE ALABAMA MOVEMENT, and we have ALL been blessed by her efforts, because she is serious about what she is doing, and she has connected us in ways and with people that we never would have been able to do on our own.

On November 22, 2014, FREE MISSISSIPPI MOVEMENT will host a Rally and Information Session in Jackson, MS, and we are confident that the future is bright for FREE ALABAMA MOVEMENT & FREE MISSISSIPPI MOVEMENT UNITED/UMOJA.

Q: On the website for the F.A.M., freealabamamovement.com, you mention that you work in a nonviolent way. Can you tell us why you put emphasis on this, and what you mean with nonviolence?

Well, first and foremost, FREE ALABAMA MOVEMENT, and now, FREE MISSISSIPPI MOVEMENT are about Freedom. We are about getting people out of prisons where we are being warehoused, exploited and abused, so that we can return home  to our communities.

But at the same time, we also acknowledge that some of us have made mistakes or have shortcomings that we needed to address, and we want opportunities to correct them so that when we are released, we can be better sons and daughters, better husbands and wives, mothers and fathers, and be assets to our communities.

In addition to our mistakes, we have also been demonized by the media, by police, by prosecutors, and by prison officials, So, we have taken it upon ourselves to demonstrate who were and the changes that we have made.

No one wants violence brought into their communities. People want and need answers to violence, so it is important for us to demonstrate that we are Non-Violent, we are Peaceful. Some people have committed violent crimes, while others have committed crimes that are labeled as violent, but where no one was harmed, while other people have been wrongfully convicted of violent offense. But, whether you are innocent, guilty, mentally ill, or whatever, no one is getting out, and the prison system wants to justify our incarceration by telling society that we are “violent predators,” “killers,” “dangerous gang leaders and drugs dealers,” etc. These labels are applied 20, 25 years after the facts, after change, after maturity, after education, repentance, and after some children have grown from 18 to 43, yet no one can get out because the D.A.’s will still get on T.V. and revert back to a 40-year-old crime and argue that the person 40 years onwards still exists, even though this D.A. has no up-to-date knowledge of who this person is decades later.

So we are taking this platform and we are going to do our interviews to make our presentations to the public. We are going to make our complaints against this system to the public, and then we are going to back that up by demonstrating to the public that we can now address our issues Non-Violently and Peacefully.
Violence is nothing more than a thought process. It is part of a chain of options that human beings arrive at when confronted with a problem. What we have done is that we have educated guys about this chain, and provided them with alternative remedies to solving problems without resorting to violence.

Our Brother Earl “Tyrese” Taylor started a program at St. Clair called Convicts Against Violence, with an emphasis on Education and Mentoring. With this program, we were able to reduce the violence level down to what one might see at a work release, from right here at a maximum security prison.

But the ADOC didn’t want this, so they removed the warden who allowed us to implement this program, and replaced him with a Black warden,  Warden Davenport, and the first and only program he disbanded was C.A.V. Now, 4 1/2 years later, St. Clair has reverted back to one of the most violent prisons in the entire country. This is why F.A.M. stepped in, to again stop this State-engineered violence, and what happened?  Over 5000 Men across the State jumped immediately on board and supported it. The State responded by labelling myself, the co-founder, and F.A.M. as a security threat group. Lol. We have NEVER had a single incident of violence, yet we are a threat. Not to the security, but to the system of mass incarceration, prison slavery, and the exploitation of people.

Go figure, since they attacked F.A.M. and our Non-Violent and Peaceful Movement, 4 men have been murdered in 2014 alone, and the Equal Justice Initiative, led by Bryan Stephenson, has filed a class-action lawsuit and been calling for the removal of Davenport. This lawsuit was not filed against the entire ADOC as is usually the case, but exclusively against “Bloody St. Clair.” So that should tell you how bad things have gotten.

Stopping violence is easy, and we didn’t receive any funding from the ADOC to run our program. But violence pays. 80% of all people who enter ADOC are functionally illiterate. Education teaches better decision making. We can teach that if they didn’t obstruct our efforts. They will claim that they offer schools, but if what they were teaching was working, then we wouldn’t be having this conversation.

More and more prisons are removing educational programs and replacing them with factories. Some, like Bibb Co., don’t even offer GED classes. We have to organize against this profit motive, because no one is going home so long as we submit to being exploited for labor and living under inhumane conditions that we should be outraged about. We have to return the narrative to Education, Rehabilitation, and Re-Entry Preparedness, because the State narrative has caused too much pain, destroyed too many communities, destroyed too many families, and destroyed too many people who have something of value to offer society — even in the lessons learned from our mistakes.
Q: We also read that you have written a Bill titled ALABAMA’S EDUCATION, REHABILITATION, AND RE-ENTRY PREPAREDNESS BILL.
Can you tell us a little about the background and aims of this Bill? And can outside support help promote it?
Did any politician approach you yet and (how) would you want to work with someone from politics who takes your issues seriously?

Let me answer the second part of your question first. No, we have not approached any politicians, and we have no intentions or desire to. If what we are doing is going to work, we have to make it work ourselves. The men and women have to understand that the Prison Industrial Complex (PIC) has created an economy that is bases on Free/Cheap Labor to compete in the global market against cheap manufacturers like China and Indonesia. The problem is that they have incarcerated over 2.5 million people and they have created a system that is TOTALLY dependent upon US. If we stopped working, then their current model of prisons, including private prisons stopped working.

They are now making over 500 Billion dollars off of our labor. They don’t have a way to replace that. People in society don’t work for free. This system was created by politicians, they are the ones getting the kickbacks, they approve the contracts, and they are the ones who invest their pensions into the stocks of these corporations. So, it makes no sense to solicit them. Would you give up a multi-billion dollar enterprise in exchange if you didn’t have to?

The money that they are making off of our labor is the money that they are using to fund their prison budgets. Nationwide, prison budgets total 86 billion dollars, so where is the remaining 414 billion dollars going? Ask the politicians??

If we take our labor off our the table, then the States are left with normal budget intakes to pay for prisons. Believe me, when we take our labor back, only then will prisons get back to Corrections and Rehabilitation. Every system in America will start back giving good-time, and even the Federal Prisons (who started the profit-based model with Unicor) will have to go back to granting parole.    Additionally, we will finally be able to bring political prisoners like Mumia, Iman El Amin, Larry Hoover, Mutulu, and so many more home.

Funny how we “CONTROL” a 1/2 trillion dollar market, but we go to bed hungry at night. Our bill, which we call the “FREEDOM BILL,” will be the model of what prison will look like after we take control of our situation. If they (the State) ever want to see their assembly lines roll again, then our Legislation will be the functional equivalent of a “labor contract.”
No freedom, no labor !!!
Our Bill, as it is titled, will place Education, Rehabilitation, and Re-Entry Preparedness at the forefront of our stay in prison – not free labor. Voting rights will be restored. LWOP and Death Sentences will be repealed, and conjugal visits will be a part of rehabilitation. Also, media will have unfettered access to prisons. With alternative media like VICE, TruthOut and others, everything will be out in the open.

But our Bill won’t just give out a free pass, people will have to “earn” their freedom through completion of a curriculum that will address the needs of the individual. No GED/Diploma: You have to get one. No skill or trade: Gotta get one. No life skills: Time to grow up and learn what it takes to be a man and provide for you family and community.

There will be exceptions, because there are exceptional cases. But the way things work right now, no one knows when they will be released, if they will make parole, or what they can do to guarantee that when they have served sufficient time, addressed their issues, that they will return home to their family. Our  Bill will provide that certainty for most, and it will give that comfort to spouses, children, etc., of when the loved one will return home. They will know, they will be a part of it, and they will be able to engage in activities like family visits, conjugal visits, parenting classes, etc., that will keep families together when a member of the family has made a mistake. If we are producing 500 billion dollars to live with rats, spiders, mold, abusive officers, and serve decades on end, with no end in sight, then surely we can unite and make a stand.

No doubt they can afford to pay us for any labor that we perform. Otherwise, something has to give. If we can clean them up, we can tear them down.
However, we come in Peace.
Q: Can you tell us a little on your support for the women incarcerated in one of the worst prisons in this country, Tutwiler Prison for Women?
Our hearts go out to the women at Tutwiler. I mean, you add all of the issues that go on in prisons that they suffer equal to men, then add on the fact that they are raped by men, assaulted by men, impregnated by men, and forced to have abortions, or forced to give birth. And after 20 years of abuse, only 6 officers prosecuted, with the most time being 6 months. One got 5 days.


F.A.M. organized a Protest Rally at Tutwiler. We created a Facebook-page to support them. I have personally interviewed approximately 25 women who have served time at Tutwiler either online or on my radio show.


Due to the DOJ being inside of Tutwiler, we have not been able to contact them directly. But we support them and they are a part of F.A.M. My plan was to draft a section on Women’s Rights for the FREEDOM BILL, but we never got cooperation from some of the women who had served time at Tutwiler who we connected with. They were too busy to help the women they left behind. I am bitter about that, and I let them know it.

Nevertheless, F.A.M. stands firm in our convictions. We aren’t going anywhere without our Women. If they can’t get speak right now, fine. We will reserve their places until they can.
Q: Do you have any advice or words of encouragement for those inside California’s (and other states’) prisons? Inside its Secure Housing Units (SHU’s)?
To our Brothers and Sisters in California, we say Stand with us and form FREE CALIFORNIA MOVEMENT. The economics of your system is the same as ours. We are all making the same license plates, cleaning the same feces off of the walls, cooking the same scrambled eggs, doing the same electrical work for free. The same people who are investing their pensions in private prisons and mutual funds in Alabama, are the same ones who are investing in California.

Serving 30 years in Alabama is the same 30 years in California. Your influence carries great weight here in the South, It’s time for us to unify across State boundaries because that’s what mass incarceration has done.

These systems can’t function without our labor. They used the drugs to fund the Iran/Contra war. They then used the “war on drugs” to justify mass-incarceration. Then, they turned the prison population into modern slaves. Now, it’s our turn to act. We have to leave the crops in the field. We have to make them turn their assembly lines off. Since they are the ones getting paid, it’s time for them to cook the food, clean the floors, take out the trash, do the maintenance and everything else.

If we are to do any more labor, then we have to state our terms and conditions, and foremost amongst them is that we must be afforded an opportunity to earn our freedom. If we must work, then we must get compensated for our labor. If we must remain here without tearing these walls down, then we must be treated humanely.

My message is not just to the men and women in these solitary holes. I, myself, am in one right now. My message is to the whole 2.5 million victims of mass incarceration and prison slavery. Everyone !!! All of us around the country, let’s just shut down. Wherever you are, just stop working. If you are in solitary confinement, spread the word to those rotating in and out. When they try to lock up those who organize and lead the shutdowns in population, don’t even give up.

Some men can’t survive solitary confinement, and the administration will threaten them if they participate in the shutdowns. So let’s just clog up the cells.

Let’s all just shut down and see how their 500 billion dollar system works without us, and then see if they change their tune about our FREEDOM. EVERYBODY !!! Just shut down.
Thank you Spokesperson Ray for your encouraging and strong, bold and outspoken activism and advocacy!

You can contact the Free Alabama Movement via:

www.Freealabamamovement.com,
Email:
freealabamamovement@gmail.com or freemississippimovement@gmail.com
Facebook group: FREE ALABAMA MOVEMENT
Twitter @FREEALAMOVEMENT

FREE ALABAMA MOVEMENT, P.O. Box 186, New Market, AL 35761
On YouTube.

Today Nevada Workers Lose Jobs to Inmates – Next it Could be your Turn

Third and final segment of the series on Nevada’s situation involving unfair competition by use of prisoner labor
by Bob Sloan, Executive Director, VLTP.net
Jan. 25th 2013

“Insourcing”..: there is no current definition for this word in our Urban Dictionary or Websters. I plan to change that by defining in detail the concept of insourcing and who is responsible for the practice of it. First we must compare the word to its cousin, Outsourcing.

Society today is familiar the term “Outsourcing.”  When used in connection with manufacturing it means a company sending work outside the business and having it performed utilizing the labor or expertise of others.  Since the mid ‘80’s most realize to American workers, it really meant sending millions of our jobs overseas where foreign labor was cheap and plentiful.

Not so well understood is the term “Insourcing” – Insourcing is is widely used in production to reduce costs of taxes, labor and transportation.  Insourcing describes the process used by corporations to remove jobs from private sector labor markets and “Insource” them to prison industry operations here in the U.S.  This allows for profits more in line with outsourcing, but eliminates the necessity for expensive transportation costs to return the finished goods to U.S. consumers – it also allows manufacturers to attach labels to their goods marked “Made In The U.S.A.”

Insourcing of jobs is the “quiet” elimination of private sector jobs by transfer to prison industries.  Corporations wishing to participate in using prison labor, partner with prison industry operations under the federal Prison Industries Enhancement Certification Program (PIECP or Pie Program).  18 USC 1761(c) is the controlling federal statute of PIECP. Though private sector corporations are prohibited from closing private sector operations in favor of prison operations, they do so without consequence. There are other mandatory requirements that must be followed in order to participate in PIECP, but those also are rarely enforced.

The way these prison partnerships typically work is that a manufacturer wanting to increase profits moves their equipment, technology, materials and unfinished goods to a factory setting within a prison industry facility.  Once up and running, the same products come off the assembly lines and are shipped as before. The difference is this, private sector employees of the company have been terminated or laid off. A handful of employees are usually kept on long enough to train inmates and prison supervisors in the manufacturing used to make the products. Once that is accomplished, they are also eliminated and their positions taken over by a prison industry supervisor.

This Insourcing of labor creates quite a number of unemployed citizens. Burdens are placed on state and community social help programs, unemployment compensation, etc. So while the corporation saves lots of money in labor costs – no more unemployment insurance premiums, less expenses in lease of facilities (usually leased by the prison operators at $1.00 per year), and no more employee benefits such as medical insurance, vacations or paid time off – the communities they vacated are left to fund the displaced unemployed workers. In addition the local government loses taxes that were paid by the corporation, previous landlords of the facilities once leased to the corporations are left with vacant property and local shops and other businesses suffer a drop in sales due to the newly unemployed workers left behind.
________________________________________
In the two previous segments I have talked about the current situation in Las Vegas involving the discovery of prison labor used in the manufacture of products used in the construction of major projects. The developers and or investors involved in these new construction projects in Las Vegas are all influential, well connected; Andre Agassi, SPB Capital Partners, family members of Thomas & Mack Center and the Bulloch family – all well known to the citizens of Nevada.

To many this was a “new” discovery – the use of prisoners as a cheap labor force.  But this practice has been ongoing now for years, and in particular since 1998 when major movers and shakers in the world of politics, finance, manufacturing and prison operations converged in Washington to discuss “innovative strategies for Prison Industries” and “Policies and Programs in Prison Industries.”

Participants included: the CEO of Prison Rehabilitative Industries and Diversified Enterprises (PRIDE), the first private corporation formed to operate Florida’s entire prison industries; U.S. Attorney General, Janet Reno; Florida Representative Bill McCollum, Texas Representative Ray Allen and a business owner of Genoex, one of the first private corporations to eliminate American workers, replacing them with prisoners.
PRIDE’s CEO was Pamela Jo Davis, the darling of Florida’s newest Governor-elect Jeb Bush, and she also “just happened to be” the Chairwoman of the National Correctional Industries Association (NCIA), a trade group representing prison industries, industry vendors, suppliers, workers and companies using prisoner labor in manufacturing.  Representative Allen (R-TX) was soon to become Chairman of the House Committee on Corrections– and also “just happened” to be a member of the American Legislative Exchange Council (ALEC), serving on their criminal justice task force.  Allen again, “just happened” to also be a registered lobbyist for the NCIA.

This NCIA also “just happened to be” the private association the U.S. government had outsourced oversight of the PIECP to in 1995.

It was this happy group of industrialists, politicians, lobbyists, program regulator and prison industry authorities who met in DC in ’98 to discuss just how prison labor could be exploited – legally, of course – to reduce wages to American private sector workers and increase profits to business owners.  First thing was to find a way to make their actions legal and in order to expand; a means was needed to propose such legislation in every state.  These were the responsibility of ALEC.  With more than 2,000 legislative members representing every state, ALEC had a proven track record (going back more than two decades) of enacting and passing model legislation written by their corporate members.

How about federal laws?

Read the rest here: http://www.vltp.net/rape-of-americas-workers-crime-victims-now-prisoners-given-their-jobs/

NDOC & Silver State Industries – Meet the Exploiters – Expose on Prison Labor in Nevada: Part II

From: Voters Legislative Transparency Project
Jan. 18th, 2013, by Bob Sloan

Second in a Three Part Expose on Prison Labor in Nevada Displacing Workers
By Bob Sloan – Prison Industry Consultant

Working on the “Chain-Gang” was how prisoners were punished for their crimes in days gone by – and people who had been victims of crime were happy.

Then we became “civilized” as a society and changed laws, regulations and opinions that eliminated these hard forms of punishment and degradation.  Instead of harsh working conditions we made sentences longer, believing that to be more humane.  Parole was abolished; possession of a “joint” was enough for a mandatory five years in prison.

Problem was, all this incarceration was costing taxpayers ever more in corrections costs.  Lawmakers sought ways to reduce the ever-increasing expense of incarceration.

An idea was born: create prison industries where prisoners could be put to work to “earn their keep” and reduce the incarceration costs borne by taxpayers.  Soon another idea was floated, let private manufacturers gain access to the prison run factories and further reduce the expense of housing, feeding and providing medical care to prisoners.  Inmates can be taught work ethics, products made by them will cost us less and recidivism will be reduced…and once again the people were happy.

Problem is, this program has created more opportunity for crime and exploitation – of the prisoners themselves. Instead of prison populations shrinking, they grew.  This growth was due to more laws, stiffer sentences, the war on drugs and increasing penalties.  Alongside that population the prison industries grew even faster with more inmates came more job positions.

This labor force exists in a near vacuum; no voice, no representation, disallowed from unionizing (though today an estimated six hundred thousand to one million men and women are working in prison industries nationwide), sentenced to hard labor by courts.  DOC’s assign them to jobs, and if they have existing skills needed, they are put to work in prison industries.  Industry managers seek skilled inmates with long sentences in order to quicken production, maintain shipping schedules and dependability.

Court challenges under the Fair Labor Standards Act (FLSA) about wages and deductions are mostly denied with prejudice – meaning the plaintiff is prohibited from ever filing such claims in the future.

In Florida and Nevada (just two of nearly 40 states involved), percentages of what little wages earned are taken back and given to the prison industry to help expand or create new work programs.  This aspect itself violates one of the key tenets of the federal prison industry program referred to as the “PIE Program” and there are other more critical violations resulting in our jobs being lost to prisoners.

This expose will bring to light the existence of a national network of individuals, corporations, a private association, agencies and branches of state and federal government involved in exploiting inmate labor, profiting off that exploitation and pursuing the transfer of tens of thousands of jobs from communities to prisons across the country.  Nevada ranks high on the list of states involved in violating the trust of their citizen workers, small businesses and exploiting prisoners delivered into their care.

In Nevada the prison industries are managed by Director James “Greg” Cox and Deputy Director, Brian Connett.  Previously one individual held both of those positions as prison industry programs were developing back in the last quarter of the 1900’s – Howard Skolnik.  He set the stage for what is occurring today and now, Cox and Connett carry on in his stead.

Running an entire state prison system is a daunting task.  Housing, medical care, work programs, staffing, budgeting, and regulatory and Legislative compliance impacting prisons.  The Director of Nevada’s Department of Corrections is James “Greg” Cox.  He has deputy directors assigned to the various divisions of the DOC, and in general I believe that Director Cox and his Deputies are doing an admirable job.  The one exception to my observation involves the DOC’s Prison Industrial Program.

One of Cox’s responsibilities is the operations of the prison industrial work programs.   His Deputy Director for Industrial Programs is Brian Connett, in charge of running Silver State Industries (SSI) Nevada’s prison industries program.  Messrs. Cox and Connett are responsible for insuring that the prison industries are operated properly under state and federal laws.
Supervising and operating Nevada’s prison industries involves approving new products, new factories, partnerships with private companies, and compliance with all applicable state and federal laws and regulations.   These are the responsibility of the Nevada Interim Finance Committee’s Committee on Industrial Programs.

For that committee to perform its duties properly, they obviously have to know and understand the parameters of the federal PIE Program’s mandatory requirements (1) that govern the use of inmate labor used by private companies.  Before they can implement any new projects, they must, among other responsibilities, notify existing competitive businesses as well as involved labor groups—after all, how can they judge whether a new prison industry will unfairly impact local labor or unfairly disadvantage competing businesses if they do not fully understand the provisions put in place by Congress to guard against such interference to free-market forces?

Unfortunately in an interview with a member of that committee, I was told he was not fully aware of the PIE Program’s mandatory requirements, and that concerned him.  He did not know that local businesses were required to be contacted prior to operational start-ups or production of new products.  More importantly, he had not been advised by anyone within NDOC or Silver State Industries that labor groups were also to be consulted.  How then can he serve on this committee without this knowledge?  How can the committee control the federal program in which Silver State Industries is participating – and how can it possibly certify to the federal government that it is, and will remain, in compliance with rules of which the members are unaware, as is required by law? This style of “consulting” is quite obviously insufficient to ensure compliance.

The federal program of prisoner training began with the passage of 18 USC 1761 in 1979. This law is known as the Prison Industries Enhancement Certification Program (commonly called PIECP or PIE Program).  (2)

Under this program Congress allowed private companies to gain access to inmate labor in order to “train” the inmates and provide skills which they could later utilize upon release.  Congress put in place nine mandatory requirements.  Failure to comply is supposed to subject violators to federal imprisonment for up to two years and/or a fine of $50,000.00 and loss of PIECP certification.

The Department of Justice outsourced policy determinations, enforcement, compliance reviews and investigations of non-compliance to a private organization in 1995–the National Correctional Industries Association.  The NCIA, (3) which is a trade group representing prison industries, their staff, employees, vendors, suppliers and companies using prison labor.  Since this transfer of program oversight, there have been a total of -0- prosecutions for violations.  As you read the following you will be appalled at how such a zero-sum figure is possible…

Once the NCIA assumed a duty of crafting policy for this program, they began to interpret the nine mandatory requirement in the light most favorable to their corporate members, (4) adjusting annual assessment determinations to reflect alterations designed entirely by them.  The NCIA made these alterations and the entire program was changed.

The mandated prevailing wage requirement was changed to minimum wage scale computed to the 10th percentile, and allowed these prison industries to institute a pre-training program where wages could be reduced to as little as $.20 per hour. (5)

In December, 2010 the BJA (Bureau of Justice Assistance) issued a Back Wage Policy (6) that unequivocally reinforced the prevailing wage requirement and refuted the wage assumptions made by the NCIA. (7)

The claim that lower wages are fair to “competitor manufacturers” is false.  Furthermore, in Nevada a high percentage of inmates working in the industry are serving long sentences or life terms (as reported by CNN) (8), meaning that the skills they are taught will likely never be applied in the private sector.

A Florida report containing research provided to Governor Scott by his 2010 transition Law and Order team found that 28% (9) of the prison workforce was comprised of lifers or prisoners serving sentences with ten or more years remaining until release.  So what transferable skills are they learning?

Silver State Industries has set the PIE Program maximum wage for all inmate workers at the 10th percentile of the state/federal minimum wage.  Unless the “prevailing wage” is set by the state OES (10) at minimum wage for all occupations in NV, the NDOC is out of compliance with the mandatory wage requirement.

The NCIA also determined that mandatory notification to local labor groups, unions and competing private businesses about new or existing industry projects or products, could be satisfied by informing local Chambers of Commerce, or advertising in classified sections of newspapers.  Compliance review personnel were told these requirements were already on file with the NCIA and had been verified (11) and would not be a part of the annual compliance review.

These changes resulted in a substantial reduction in wages to inmate workers, creating a huge and low paid labor force used to attract business owners seeking to expand operations or reduce labor costs.  The NCIA produced a video entitled “Cutting Through The Perceptions” (12) to be used in marketing prison labor to private companies.  By neglecting to pay proper wages and neglecting to notify labor and free enterprise, prison industries began to expand and grow quickly as one would expect.

As the video shows, this prison program is not for training, it is a way to provide skilled labor to private companies to reduce labor costs, increase production and avoid typical “benefits” they would have to pay to private sector employees.

This brings us to the current situation involving Silver State Industries and Alpine Steel in Nevada, and complaints lodged with the Board of State Prison Commissioners by XL Steel and others who have also complained about unfair competition and the loss of private sector jobs to inmate labor.

This all serves to show you how the PIE program has been manipulated, changed and altered to provide the maximum savings to companies involved in prison labor, while paying the least possible wages to a truly captive workforce.

Now that you readers understand the laws which are involved, I will document the specific violations committed in Nevada involving those regulating the state DOC and Silver State Industries.

Recent reports (13) from Las Vegas reveal it recently came to the attention of companies competing with Alpine Steel in the structural steel fabrication industry, that Alpine had been using prison labor as a means of undercutting all competitors on projects requiring bids.  Labor unions were unaware of the PIECP program.  Union officials had no understanding of the PIE Program or that they were to be consulted prior to the startup of any PIE project or industry.

It suspends belief to understand how SSI could have been reviewed by the NCIA in 2011 (14) and found in full compliance…except for one little conflict-of-interest kept from the public and apparently also from the Nevada legislature and the Board of State Prison Commissioners:  NDOC Deputy Director Brian Connett is also President of the NCIA (15) with a responsibility for ensuring, enforcing and certifying full compliance of all state prison industries to the BJA.

Harder yet to comprehend is how Mr. Connett has been able to enforce and certify industry-wide compliance, when he and Director Cox claim to have not known or understood the regulations while just now admitting SSI and NDOC are in violation?

The NCIA receives a sizable grant from the BJA (out of tax dollars) to perform compliance duties, essentially receiving a subsidy for self-oversight of an industry generating annual sales of $2.4 billion dollars. (16)

Under questioning by Governor Sandoval and others at a recent meeting of the State Board of Prison Commissioners, Director Cox admitted (17) that his “agency has not been performing necessary checks to ensure inmate work programs are not taking jobs from private industry workers.”  Mr. Cox went on to say, “The process has not been followed, it should have been.”

Mr. Cox indicated that, “he will develop regulations to require that prison industry programs be approved by the Prison Commissioners Board, chaired by Gov. Brian Sandoval.”

However, new regulations are not necessary.  Existing Pie Program regulations need enforcement and true oversight provided by someone other than those participating in the program.  SSI’s inmate workers for Alpine Steel are a prime example of the lack of enforcement.  Alpine pays inmates working as structural steel fabricators the state minimum wage of $8.25 per hour (18) and no benefits.  The Nevada OES sets the mean hourly wage for such skills at $17.63. (19)

Even using the NCIA’s 10th percentile rate, these workers should be receiving no less than $11.63 per hour.  Competing companies in the structural steel industry in Las Vegas and elsewhere in Nevada pay workers the median wage of $16.91 per hour plus benefits.  Without factoring benefits, private companies are thus required to pay more than double the rate paid by Alpine.  A serious disadvantage prohibited by the PIE Program wage requirement, and contrary to congressional intent.

When you multiply this discrepancy times the number of participating states, and times the number of inmates employed in the program, you can see and understand the massive wage savings provided to companies such as Alpine Steel and those discussed below.  It also helps to understand why so many of our jobs are “going to prison” literally.

Compliance problems are no stranger to Mr. Connett.  In his previous position as the PIECP Program Manager with PRIDE Enterprises, Inc. operating Florida’s entire prison industry, Connett cut corners similarly.  In the third and final segment of this expose to be published next week, I will introduce and discuss the documented corruption to which Mr. Connett was a participant. Suffice to say, Brian Connett brought a substantial amount of baggage with him to Nevada.

The controversy involving Alpine Steel is merely the latest in a series of problems with compliance by SSI.  Former NDOC Director Howard Skolnik was involved in a scheme involving inmate wage deductions when he served as Deputy Director of Industrial Programs.

In 1990 Skolnik petitioned the BJA  (20) for a determination that would allow Nevada to deduct 5% of all inmate wages earned and use those funds to expand prison industrial programs.  He was advised there were four approved deductions and no additional deductions could be imposed by his department.

This denial should have been clear and final, but in 1991 the Nevada legislature amended NRS 209.463 to allow for the 5% deduction Skolnik requested and the BJA ruled was impermissible. (21)

In 2003 Howard Skolnik advised (22) the Legislative ASSEMBLY COMMITTEE ON JUDICIARY that there were three deductions taken out of prisoner pay – 24.5% for room and board, 5% for victim restitution fund and a 5% deduction that went to a fund for the expansion of new industry programs.

Obviously the NDOC and Silver State Industries were intent upon creating a fund whether or not the controlling authority over this federal program permitted it.  In 2011 the Legislature “swept” $948,000 from this Capital Improvement Fund. (23)

Just as obviously inmates are being misused as slave labor, underpaid on PIE projects, with a maximum amount taken back as “deductions.”  The ongoing use of unauthorized and thus illegal deductions taken from inmate PIECP wages and then used as a slush fund by the Nevada Legislature, serves as out and out theft amounting to tens of thousands of dollars  (24)

This was all covered up in reports to the BJA through reviews conducted by Mr. Connett’s – formerly Mr. Skolnik’sNCIA organization, allowing the 5% deduction to stand and certifying to the BJA that Nevada was in full compliance.

Both Connett and Skolnik held positions upon the NCIA board simultaneously in 2006 when Connett was the PIE Program Manager with PRIDE Enterprises in Florida.

Previously, Connett and the CEO of PRIDE also sat side by side on the NCIA board when PRIDE was committing acts later deemed illegal.

The Alpine/SSI partnership is not the only partnership that is being operated questionably in Nevada – and paying minimum wages.  Several other companies also have been given access to inmate labor and are possibly involved in displacing local workers and/or unfairly competing in the marketplace.

Thomson Equipment Company, Inc. (now Silver Line Industries, Inc.). Silver Line is owned by entrepreneurs out of New Zealand, Malaysia, and Thailand, partnered with a company in Oregon, to use inmate labor to manufacture or refurbish heavy equipment such as water trucks.

In March of 2006 the serving Deputy Director of Industrial Programs advised (25) the NEVADA LEGISLATURE’S INTERIM FINANCE COMMITTEE’S COMMITTEE ON INDUSTRIAL PROGRAMS that Thomson had been acquired by new owners in Australia and New Zealand – and water trucks were shipped from Bangkok for inmates to renovate.  (It was cheaper to use American inmate labor plus ocean freight costs than to use Thai labor!).

By 2008 when Mr. Skolnik was serving as Director of the NDOC, he and Mr. Connett advised (26) the same committee that Thomson had changed its name to Silver Line Industries.  Skolnik further advised as part of full disclosure that his daughter worked for the parent company in New Zealand.

It is unclear if Skolnik’s daughter secured her job before the 2006 acquisition of Thomson, or if that occurred after Mr. Skolnik was elevated to the Directorship of the DOC.   In either case this should have raised an issue of ethics to the members of the Industrial Programs Committee, had they been interested, a conflict-of-interest in the relationship between the NDOC Director and a family member working for a company operating under his authority.  Silver Line Industries ultimately withdrew from the PIE Program.

Another company, Jacob’s Trading Company (27) (JTC) partnered with SSI for years, but left SSI late last year.  JTC is an inventory liquidator for Wal-Mart and other large retailers.  Inmates remove bar codes, labels and other identifiers to the retailer then repackage the items and JTC sells the products through distributors to after market retailers.

Of course Wal-Mart denies (28) that they or any of their vendors or contractors uses inmate labor – period. These products are shipped back and forth across state lines, and thus come under PIECP authorization. 

JTC’s operation in Nevada (29) is substantial:

“In Nevada, the entire JTC operation is housed inside the Southern Nevada Women’s Correctional Facility (30) in North Las Vegas. Jacobs is the only private employer of female prisoners in Nevada. In 2000, a female prison laborer working 40 hours a week kept just over half of what she earns. After several deductions mandated by the state prison department, she took in about $460 per month. That’s net pay of $2.67 an hour…”

Another company operating under the PIE Program was Shelby American, manufacturer of the Shelby Cobra sports cars.  Dozens of inmates at the facility received an hourly wage of at least the federal minimum to build every part of the car except the engine.  Shelby American has also closed operations with SSI but is still listed as a PIE Program participant under SSI’s certification.

In September 2012, JTC closed operations at SSI’s facilities, and Like Alpine Steel, they left owing the state $115,819.44 in unpaid leases and other expenses.  According to the October figures provided to the Interim Finance Committee, SSI’s project failures have Nevada taxpayers on the hook for more than $600 thousand dollars in unpaid operating expenses or lease payments.

There will be much more on Howard Skolnik and Brian Connett in the third and final article that will expose Mr. Connett’s efforts to avoid complying with PIECP requirements, as well as out-and-out theft of private companies while partnered with PRIDE Enterprises.   In one particular industry, Connett deliberately failed to register the industry as a PIECP operation with the BJA, resulting in prisoners receiving as little as $.20 per hour for their labor for five years…and huge profits for PRIDE and the companies partnered with PRIDE.

Last, I will further expose the NCIA and explain why they have been so successful in advancing an agenda of using inmate labor to enrich a handful of companies, their organization – at the expense of America’s taxpayers and struggling workforce.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
FOOTNOTES AND EXHIBITS:
(1)https://www.ncjrs.gov/html/bja/piecp/bja-prison-industr.html
(2) http://www.nationalcia.org/piecp-2/piecp-final-guideline
(3) http://www.nationalcia.org/
(4) http://www.nationalcia.org/wp-content/uploads/Final-PIE-2011-Assessment-Summary-Report-Nov.-2011.pdf
(5)  The Training Wage Exception to the 10th Percentile Wage Floor
“BJA determined in 2006 that wages must be set at or above the 10th percentile, as defined by the State Department of Economic Security Agency. BJA takes the position that this is a “generous interpretation of comparable, yet still fair to competitor manufacturers because of the “lack of education, training, and experience typical of the inmate labor force.” The one exception to the 10th percentile requirement is that inmate workers may be paid a training wage that falls below the 10th percentile if “their employment agency provides express written agreement of a wage less than the tenth percentile for a limited training period.”
(6)  https://www.bja.gov/Funding/PIECPBackWagePolicy.pdf
(7)  It reads in part:    Background:
“18 USC 1761 (c), the statute authorizing the Prison Industry Enhancement Certification Program (PIECP), states that PIECP inmates must “have, in connection with PIECP work, received wages at a rate which is not less than that paid for work of a similar nature in the locality in which the work was performed. The Bureau of Justice Assistance (BJA) 1999 PIECP Guideline gives the State wage setting agencies authority to make wage determinations for PIECP workers that are comparable to those in effect for similarly situated workers.” (Emphasis mine)
(8) http://archives.cnn.com/2000/LOCAL/pacific/06/27/rjo.prison.work/index.html
(9)  http://www.scribd.com/doc/46041590/FL-Governor-Elect-Team-Report-on-DOC-and-PRIDE-2010
(10) http://www.bls.gov/oes/current/oes_nv.htm#00-0000
(11)  http://www.nationalcia.org/wp-content/uploads/09-10-PIE-Assessment-Report.pdf
(12)  http://www.youtube.com/watch?v=cUJHaELZQrc
(13)  http://www.lvrj.com/news/company-complains-prison-program-prevented-private-industry-jobs-183857541.html?login=y
(14)  http://www.nationalcia.org/wp-content/uploads/Final-PIE-2011-Assessment-Summary-Report-Nov.-2011.pdf   (@pg. 4)
(15) http://www.nationalcia.org/about/board-of-directors
(16)  http://www.phewacommunity.org/images/Presentation_to_the_Congressional_Black_Congress.pdf
(17) ibid. 13
(18)  http://www.dol.gov/whd/minwage/america.htm#content
(19)  http://www.bls.gov/oes/current/oes512041.htm
(20) https://www.ncjrs.gov/pdffiles1/Digitization/132363NCJRS.pdf
(21)   NRS 209.463  Deductions from wages earned by offender during incarceration; priority of deductions.  Except as otherwise provided in NRS 209.2475, the Director may make the following deductions, in the following order of priority, from the wages earned by an offender from any source during the offender’s incarceration:
1.  If the hourly wage of the offender is equal to or greater than the federal minimum wage:
(a) An amount the Director deems reasonable for deposit with the State Treasurer for credit to the Fund for the Compensation of Victims of Crime.
(b) An amount the Director considers reasonable to meet an existing obligation of the offender for the support of his or her family.
(c) An amount determined by the Director, with the approval of the Board, for deposit in the State Treasury for credit to the Fund for New Construction of Facilities for Prison Industries, but only if the offender is employed through a program for prison industries.
(The same deduction is taken from the wages of inmates earning less than minimum wage.  Emphasis mine)
(22) http://www.leg.state.nv.us/Session/72nd2003/Minutes/Assembly/JUD/Final/1738.html
(23)  http://www.leg.state.nv.us/Interim/76th2011/Exhibits/Industrial/E062512A.pdf
(24)  http://www.leg.state.nv.us/Interim/76th2011/Exhibits/Industrial/E092111E.pdf
(25  http://www.leg.state.nv.us/73rd/Interim/StatCom/Industrial/Minutes/IM-Industrial-20060313-1152.html
(26)  http://www.leg.state.nv.us/74th/Interim_Agendas_Minutes_Exhibits/Minutes/Industrial/IM-Industrial-042408-10093.pdf
(27)  http://www.jacobstrading.com/index.html
(28)  http://walmartfacts.com/reports/2006/ethical_standards/documents/Wal-MartStandardsforSuppliers.pdf
(29)  http://www.huffingtonpost.com/al-norman/walmart-prison-labor_b_2224743.html
(30)  http://archives.cnn.com/2000/LOCAL/pacific/06/27/rjo.prison.work/index.html

From Voters Legislative Transparency Project: Las Vegas: Prison Labor Used to Beat the Odds

This research article comes from the weblog: Voters Legislative Transparency Project. We are glad that they have investigated this:

Jan. 11th 2013, by Bob Sloan

Thousands of tourists, businessmen, CEO’s and executives from all over the world mix with citizens of Nevada in the luxury and splendor of Las Vegas’ many hotels and casinos.  Most come to this beautiful city for the gambling and incredible shows found everywhere one turns.  Inside the cool confines of casinos visitors can trust that every slot machine, roulette table and blackjack shoe is checked and monitored to guarantee fair play – no magnets under the roulette table, no dealer manipulating the cards or slots rigged to never pay out. Those trying to shave the odds are not welcome and at the first hint of cheating, find themselves on the sidewalk, banned or worse.

Each casino has a multitude of surveillance cameras to guarantee play is fair and the odds are understood by all who play the quarter slots or sit down at the high roller poker table.  To ensure such fairness, the Nevada Gaming Commission regulates every aspect of gambling in the entire state.  Strict penalties for violation of gaming regulations by casino operators keep each in line and playing by the rules.

Outside the casinos, locals find the guarantees of fair play and manipulation of odds are not so well regulated. State agencies responsible for overseeing and enforcing specific state laws and regulations have lost their vigilance.  In at least one case a state regulation involving the Nevada Department of Corrections is providing one company an unfair advantage over competitors.  The prize sought isn’t a hundred dollar hit on quarter slots, its millions in profits.  An important aspect of this advantage provided to a single company, is an increase in Nevada’s already high 10.8% unemployment rate.

The issue is an ongoing battle being waged over the use of inmate labor by a private company, Alpine Steel operating out of Las Vegas, NV.  Alpine is competing directly against other Nevada companies in the field of structural steel fabrication.  Alpine’s competitors pay fair wages, benefits, provide unemployment insurance and vacation pay, while Alpine avoids all those costs.

It is not illegal for companies to be allowed to use prison labor under current laws but there are strict state and federal regulations involved that must be met before allowing direct competition with prison made products:

Mandatory Criteria for Program Participation

Corrections departments that apply to participate in PIECP must meet all nine of the following criteria:

1. Eligibility. Authority to involve the private sector in the production and sale of inmate-made goods on the open market.

2. Wages. Authority to pay wages at a rate not less than that paid for work of a similar nature in the locality in which the work is performed.

3. Non-inmate worker displacement. Written assurances that PIECP will not result in the displacement of employed workers; be applied in skills, crafts, or trades in which there is a surplus of available gainful labor in the locality; or significantly impair existing contracts.

4. Benefits. Authority to provide inmate workers with benefits comparable to those made available by the federal or state government to similarly situated private-sector employees, including workers’ compensation and, in some circumstances, Social Security.

5. Deductions. Corrections departments may opt to take deductions from inmate worker wages. Permissible deductions are limited to taxes, room and board, family support, and victims’ compensation. If victims’ compensation deductions are taken, written assurances that the deductions will be not less than 5 percent and not more than 20 percent of gross wages and that all deductions will not total more than 80 percent of gross wages.

6. Voluntary participation. Written assurances that inmate participation is voluntary.

7. Consultation with organized labor. Written proof of consultation with organized labor prior to program startup.

8. Consultation with local private industry. Written proof of consultation with local private industry prior to program startup.

9. National Environmental Policy Act (NEPA). Written proof of compliance with NEPA requirements prior to program startup. (emphasis mine, source BJA PIECP program overview)

In the instant case, most of the above mandatory regulations are being ignored – entirely. Prevailing wages paid by most in the steel fabrication industry in Las Vegas are in excess of $17.00 per hour.  The inmates manufacturing components for Alpine are paid less than half that scale at minimum wage or less.

By having access to and using inmate labor provided by Nevada’s Silver State Industries (SSI), Alpine Steel, is able to underbid competitors for structural steel construction projects.  This company is just one of several businesses in Nevada (and 150 others nationwide) enjoying increased benefits and profits derived from inmate labor.  Other Nevada companies enjoying similar access to inmate labor include; Vinyl Products, Inc., (vinyl waterbeds), Thomson Equipment Company (Silver Line Industries trailer manufacture and remanufacturing) and Jacobs Trading Company (repackaging).

Alpine Steel is currently manufacturing and installing prison made structural steel components at three locations in Las Vegas; the SkyVue (Ferris Wheel developed by Howard Bulloch), Staluppi Automotive Group’s Planet Mazda and Wet ‘n’ Wild Las Vegas (financed by Andre Agassi; his wife, Steffi Graf; Dr. Steven and Karen Thomas, members of the Thomas family of Thomas & Mack Center fame; and Roger and Scott Bulloch, of SPB Capital Partners).  Companies competing with Alpine Steel for these contracts, were totally unaware they were competing against a company with such a distinct and hidden advantage.

While the Staluppi and water park projects are actively being constructed, the Sky Vue job appears to be abandoned, though developer Howard Bulloch assures the absence of activity is due to plan revisions – and not a lack of funding.

Read the rest here and plz read part 2 and 3 too when they are published

Female prisoners and forced prison labor in Arizona (2011)

From: Prison Abolitionist weblog:

Margaret T. Hance Park

May Day 2011



What immediately follows is an excerpt from one of two letters I received this past week regarding prison labor at Martori Farms, which I read at the May Day Rally today. The second letter is pasted at the bottom.


Note that refusal to accept these jobs is grounds for transfer to a higher security yard or detention unit- is that what we want to be spending our corrections money on, instead of programs and health care for these women?

May Day was awesome, by the way. More on that soon…


Remember Women Prisoners

Pinatafest, Margaret T. Hance Park

May Day 2011


—————–

4/24/11

Dear Peggy,

Happy Easter 🙂!!! I hope all was great for you today!!!

Well friend I regret to tell you this letter will not be a social call. I’m calling on you to advocate for me and do what you do. I’m in a TERRIBLE situation here. And I need help from the outside. We are totally being oppressed!!! And ABUSED by the system. The prison is out of control!!!! OK ready?….

It’s a doosey friend. You’re gonna be totally shocked. Perhaps you’ve heard already but we need help! I NEED help before they kill me!!

OK it’s about my job. I work on a work crew for Martori Farms. We work 6 days a week for 8 hrs. It’s a mandatory overtime job. We work in the fields hoeing weeds and thinning plants currently until it’s harvest time then it will be 12 hrs a day. It’s insane. Currently we are forced to work in the blazing sun for 8 hrs. Many times we run out of water several times a day. We ran out of sunscreen several times a week. They don’t check medical backgrounds or ages before they pull women for these jobs. Many of us cannot do it! And if we stop working and sit on the bus or even just take an unauthorized break we get a MAJOR ticket which takes away our “good time”!!!

We are told we get ‘2’ 15 min breaks and one ½ hr lunch like a normal job but it’s more like 10 min and 20 min. They constantly yell at us we are too slowand to speed up because we are costing $150 an acre in labor and that’s not acceptable.

The place is infested with spiders of all types, scorpions, snakes, and blood suckers. And bees because they harvest them. On my crew alone there are 4 women with bee allergies but they don’t care!! There are NO epinephrine pens on site to SAVE them if stung.

There’s no anti venom available for snake bites and they want us to use windex (yes glass cleaner) for scorpion stings!! INSANITY!!! They are denying us medical care here.

If we are “red lined’ meaning we have a DR or Nurse or Psych appt any other job holds you back because medical takes precedence over every thing. But not at this job. If we don’t go to work and choose to stay for medical we get a Major ticket. And if they’rereally short people or too many people are like screw it give me the ticket like last week they take you to “CDU” the hole!!! It is so not fair!!! COIV xxx is going crazy trying to find people to fill this contract it’s rumored to be a $40 Million contract but also heard $4.5 mill either way it’s big money. They are going to any lengths to fulfill this. Not caring about our civil rights, safety or health!!

Women have made their complaints on inmate letters and verbally to Lt., Sgt, Captains, DW, COIII, COIV, and the major. Their solution was to give us an extra sack lunch and agree to feed us breakfast sat mornings. UGH!! Really… food is not what we were asking for. Though being fed on Saturdays is nice. Yah! They were not feeding us Sats because that’s a day Kitchen opens late because they give brunch on weekends. No lunch so we were getting screwed! But as of this past Sat they said they would feed us before work! Let’s see how long it lasts. Because they also said they would allow us to be “Red lined”. But it only lasted 1 day.

They wake us up between 2:30 and 3:00 am and KICK US OUT if our housing unit by 3:30am then we get fed at 4:00am and our work supervisors show up between 5am and 8am. Then it’s an hour to 1 ½ hr drive to the job site. Then we work 8 hrs regardless of conditions. Even the porta potties are usually dirty. Sometimes NO SOAP and never any seat covers and women on my work crew are HIV+ and Hep C positive. Not sanitary at ALL!

They give us 1 long sleeve shirt to wear for 6 days! 2 pairs of pants, 2 socks, 2 short sleeve shirts, and 2 pairs of used panties, bras, and javascript:void(0)socks!!! YUCK!!! We need help Peggy...

—————ASPC-Perryville/San Carlos———-



It’s come to my attention that the women from ASPC-Perryville who are providing the prison labor to Martori Farms are being coerced into taking the jobs by the guards responsible for recruiting them, and are reportedly working at times without water, sunscreen, adequate nutrition and full breaks, and without regard to medical concerns or age. Those who refuse the jobs or don’t work sufficiently hard enough in the fields – or who even just complain – are threatened with being written up (a major ticket which can cost good time), or thrown into the hole.



The women are afraid for their health and safety; some are allergic to the bees they are harvesting, and others have been told to work through serious symptoms such as chest pain, still being dismissed as malingering – reminiscent of what happened to Brenda Todd and Susan Lopez, when they begged for medical care. They’re presently working 8-hr days/6 days a week (not including the 1+ hour trek to and from the farm). Come harvest time, they’ve been told they’ll be working 12-hour days.




Upon receiving this information, I called OSHA – the Department of Labor doesn’t have jurisdiction over prison labor, even when contracted to private farms. The only department in the state, outside of Arizona Department of Corrections (ADC) they referred me to was the AZ Department of Administration’s Risk Management people – they’re the only ones who care about prisoner-worker “rights”, it appears, because they want to minimize liability (which has little to do with taking responsibility in practice, it appears).

The Department of Administration referred me back to the ADC, to a guy by the name of Barry Keith. I told them I already contacted the ADC”s general counsel’s office about the issue, and want outside eyes on the prison to assure worker’s rights are being protected. They had no one else to refer me to, though, so I left a message for Mr. Keith. We’ll see who gets back to me with what – I’m not on the best of terms with them these days.

Again, I’m urging people to contact the Chair of the AZ House Health and Human Services Committee, Rep. Cecil Ash, and request hearings on the conditions in the prisons.

He can be reached at:


Arizona House of Representatives

1700 W. Washington St.

Phoenix, AZ 85007

(cash@azleg.gov)

cc me (see margins), the Phoenix New Times (PO Box 2510, Phoenix, AZ 85002 / Phone: 602-271-0040 / Fax: 602-340-8806) and your own legislators on your concerns, please…let me know if I can print what you write.

Finally, here’s some info about prison labor, from a good DAILY KOS story in December 2010. An older Christian Science Monitor article about AZ prison labor as it relates to the issue of immigration comes first…and here’s something from another blog post last June: Slaves of the State: Prison Labor


————————–——————-


With Fewer Migrant Workers, Farmers Turn to Prison Labor





By Nicole Hill, Christian Science Monitor

Posted on August 22, 2007, Printed on April 29, 2011

http://www.alternet.org/story/60497/with_fewer_migrant_workers%2C_farmers_turn_to_prison_labor





Picacho, Ariz. — Near this dusty town in southeastern Arizona, Manuel Reyna pitches watermelons into the back of a trailer hitched to a tractor. His father was a migrant farm worker, but growing up, Mr. Reyna never saw himself following his father’s footsteps. Now, as an inmate at the Picacho Prison Unit here, Reyna works under the blazing desert sun alongside Mexican farmers the way his father did.

“My dad tried to keep me out of trouble,” he says, wearing a bandanna to keep the sweat out of his eyes. “But I always got back into the easy money, because it was faster and a lot more money.” He’s serving a 6-1/2 year sentence for possession and sale of rock cocaine.

As states increasingly crack down on hiring undocumented workers, western farmers are looking at inmates to harvest their fields. Colorado started sending female inmates to harvest onions, corn, and melons this summer. Iowa is considering a similar program. In Arizona, inmates have been working for private agriculture businesses for almost 20 years. But with legislation signed this summer that would fine employers for knowingly hiring undocumented workers, more farmers are turning to the Arizona Department of Corrections (ADC) for help.

“We are contacted almost daily by different companies needing labor,” says Bruce Farely, manager of the business development unit of Arizona Correctional Industries (ACI). ACI is a state labor program that holds contracts with government and private companies. “Maybe it was labor that was undocumented before, and they don’t want to take the risk anymore because of possible consequences, so they are looking to inmate labor as a possible alternative.”

Reyna and about 20 other low-risk, nonviolent offenders work at LBJ Farm, a family-owned watermelon farm, as part of ADC’s mission to employ every inmate, either behind prison walls or in outside companies. The idea is to help inmates develop job skills and save money for their release. “It helps them really pay their debt back to the folks who have been harmed in society, as well as make adequate preparation for their release back onto the streets.” says ADC director Dora Schriro.

If it weren’t for a steady flow of inmates year-round, says Jack Dixon, owner of LBJ, one of the largest watermelon farms in the western US, he’d have sold out long ago. Even so, last year 400 acres of his watermelons rotted on the ground – a $640,000 loss – because there weren’t enough harvesters. Mr. Dixon had applied for 60 H2-A guest worker visas, but only 14 were approved because of previous visa violations.

“We are in desperate need for hand labor,” says Dixon, who started working on the farm when he was 9, alongside mostly migrant workers. “It’s hard to get migrant workers up here anymore, with all the laws preventing them. It’s not what it used to be,” Dixon says. “It’s dangerous for them with all the coyote wars and smuggling.”

Other farmers wonder if inmates could be their solution. Dixon has received calls from a yellow-squash farmer in Texas inquiring about how to set up an inmate labor contract as well as from another watermelon farmer in Colorado seeking advice on how to manage inmate crews.

For labor-rights activists, federal immigration reform is the only viable solution to worker shortages.

Marc Grossman, spokesman for the United Farm Workers of America, says inmate labor undermines what unionized farmworkers have wanted for years: to be paid based on skill and experience. “It’s rather insulting that the state [Arizona] would look so poorly on farm workers that they would attempt to use inmates,” Grossman says. There is also the food-safety aspect, he says: Experienced workers understand sanitary harvesting.

“Agriculture does not have a reliable workforce, and the answer does not lie with prison labor,” says Paul Simonds of the Western Growers Association, a trade association representing California and Arizona. “This just underscores the need for legislation to be passed to provide a legal, stable workforce.” A prison lockdown would be disastrous, he points out, with perishable crops awaiting harvest. Other crops, like asparagus and broccoli, require skilled workers.

Although the ADC is considering innovative solutions – including satellite prisons – to fulfill companies’ requests for inmate labor, prison officials agree that, in the end, the demand is too high. “To go into a state where agriculture is worth $9.2 billion and expect to meet a workforce need is impossible,” says Katie Decker, spokeswoman for ADC. At any given time only about 3,300 prisoners statewide (out of a prison population of about 37,000) are cleared to work outside.

ACI provides inmates to nine private agricultural companies in Arizona, ranging from a hydroponics greenhouse tomato plant to a green chile cannery. Unlike other sectors where federal regulations require that inmate workers be paid a prevailing wage and receive worker compensation, agricultural companies can hire state inmates on a contract basis. They must be paid a minimum of $2 per hour. Thirty percent of their wages go to room and board in prison. The rest goes to court-ordered restitution for victims, any child support, and a mandatory savings account. Private companies are required to pay for transportation from the prison to the worksite and for prison guards.

For Reyna, his work on farms over the past couple of years has added $9,000 in his savings account and given him a renewed respect for his Mexican father’s lifetime of stoop labor.

At Dixon’s farm, it’s 103 degrees F. The inmate crews, wearing orange jumpsuits, work in a rhythmic line, calling out the number of the watermelons, and alongside the trailer. Just a few yards away, Mexican workers also work in a line. The inmates will quit at 4 p.m., while the immigrant laborers may work 13-hour days. “We go back, they stay out here,” Reyna says. “It really isn’t the same.”

In the farm’s office, watermelons line the counter, and photos of migrant workers hang in dusty frames. When asked why he doesn’t sell the farm, Dixon says, “the inmates, the migrants, these people are part of the family – that’s why I keep this darn place.”

Dixon says he supports the idea of a reformed, guest-worker program that would employ migrant workers during the harvest and return them to Mexico in the winter. But until that happens, he’s willing to fight for the workers he’s shared the land with for most of his life.

“People are crossing the border because they are starving to death,” Dixon says, “I don’t care what their status is. If they are hungry and thirsty, I am going to feed them.”

“I could sell this and quit,” he continues, “But I believe in supporting the American farming industry.”


© 2011 Christian Science Monitor All rights reserved.

View this story online at: http://www.alternet.org/story/60497/


INSOURCING – Identifying businesses involved in prison labor or supporting those who are

byBob Sloan

DAILY KOS



Tue Dec 14, 2010 at 03:23 PM PST

Many readers have asked how a corporation can be identified as participating in the use of inmate labor. Actually there are three “categories” of those involved in prison labor and prison industry operations:


  1. corporations, businesses and companies that use direct inmate labor for manufacturing and service jobs,

  1. corporations, businesses and companies that contract with other companies to purchase products or services made by inmate labor (such as McDonalds), and,

  1. 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.

To demonstrate how difficult involvement in prison industries and the use of inmate labor is to identify, we’ll begin with an investment firm involved in many of our 401(k) and retirement accounts.

Fidelity Investments (Fidelity). This “financial investment” corporation is involved in holding the retirement and 401(k) accounts of millions of Americans. Many of the largest companies in our country offer Fidelity Investments as the sole source of retirement investing for their employees.

Fidelity was previously identified as a funder of the American Legislative Exchange Council (ALEC) in an earlir Insourcing blog. ALEC is deeply invested in supporting Corrections Corporation of American (CCA) and Geo Group (Geo) – that are both corporate members of ALEC. ALEC has willingly accepted responsibility for enactment of laws authorizing and increasing the use of inmates in manufacturing of products as well as the housing of those inmates by private corporations such as CCA and Geo.

Unfortunately if your retirement savings, 401(K) or other investments are held by Fidelity, chances are some of your money is invested by Fidelity in either the use of prison labor or in other operations related to the prison industrial complex (PIC).

I purposely mentioned McDonald’s in the intro because though they are not “directly” using inmate labor in their food service operations, they are dependent upon the use of inmate labor to reduce costs associated with those operations. The way they do this is by contracting to purchase their uniforms and some of the plastic utensils provided to customers from a company using inmate labor to make those uniforms and utensils. The uniforms are made by Oregon Inmates. Wendy’s has also been identified as relying upon prison labor to reduce their cost of operations – and they fund ALEC.

Two other U.S. companies relying upon prison labor for products sold in their stores are K-Mart and J.C. Penny. Both sell Jeans made by inmates in Tennessee prisons. The same prison in Tennessee provides labor for Eddie Bauer’s wooden rocking horses. There are other products we would not associate with prison made products: dentures, partials, eye glasses, processed foods such as beef, chicken and pork patties sold to and served in our schools, grocery stores and hospitals. I don’t know about you but putting dentures made in prison in my mouth just somehow causes me concern…just as buying a box of breaded chicken patties and fixing them for my family does.

What about services such as Insurance? Banking? Utilities – gas, oil, electricity? Prescription drugs? Are all of these services or commodities tied to prison labor and the PIC? Unfortunately, yes. Many insurance companies are tied to ALEC…as are corporations involving utilities provided to you in your city or town. To name jut a few brand names you’ll recognize that are invested in prison labor or PIC through ALEC are:

BANKS: American General Financial Group, American Express Company, Bank of America, Community Financial Services Corporation, Credit Card Coalition, Credit Union National Association, Inc., Fidelity Inestments, Harris Trust & Savings Bank, Household International, LaSalle National Bank, J.P. Morgan & Company, Non-Bank Funds Transmitters Group

ENERGY PRODUCERS/OIL: American Petroleum Institute, Amoco Corporation, ARCO, BP America, Inc., Caltex Petroleum, Chevron Corporation, ExxonMobil Corporation, Mobil Oil Corporation, Phillips Petroleum Company.

ENERGY PRODUCERS/UTILITIES: American Electric Power Association, American Gas Association, Center for Energy and Economic Development, Commonwealth Edison Company, Consolidated Edison Company of New York, Inc., Edison Electric Institute, Independent Power Producers of New York, Koch Industries, Inc., Mid-American Energy Company, Natural Gas Supply Association, PG&E Corporation/PG&E National Energy Group, U.S. Generating Company.

INSURANCE: Alliance of American Insurers, Allstate Insurance Company, American Council of Life Insurance, American Insurance Association, Blue Cross and Blue Shield Corporation, Coalition for Asbestos Justice, (This organization was formed in October 2000 to explore new judicial approaches to asbestos litigation.” Its members include ACE-USA, Chubb & Son, CNA service mark companies, Fireman’s Fund Insurance Company, Hartford Financial Services Group, Inc., Kemper Insurance Companies, Liberty Mutual Insurance Group, and St. Paul Fire and Marine Insurance Company. Counsel to the coalition is Victor E. Schwartz of the law firm of Crowell & Moring in Washington, D.C., a longtime ALEC ally.)

Fortis Health, GEICO, Golden Rule Insurance Company, Guarantee Trust Life Insurance, MEGA Life and Health Insurance Company, National Association of Independent Insurers, Nationwide Insurance/National Financial, State Farm Insurance Companies, Wausau Insurance Companies, Zurich Insurance.

PHARMACEUTICALS: Abbott Laboratories, Aventis Pharmaceuticals, Inc., Bayer Corporation, Eli Lilly & Company, GlaxoSmithKline, Glaxo Wellcome, Inc., Hoffman-LaRoche, Inc., Merck & Company, Inc., Pfizer, Inc., Pharmaceutical Research and Manufacturers of

America (PhRMA), Pharmacia Corporation, Rhone-Poulenc Rorer, Inc., Schering-Plough Corporation, Smith, Kline & French, WYETH, a division of American Home Products Corporation.

MANUFACTURING:American Plastics Council, Archer Daniels Midland Corporation, AutoZone, Inc. (aftermarket automotive parts), Cargill, Inc., Caterpillar, Inc., Chlorine Chemistry Council, Deere & Company, Fruit of the Loom, Grocery Manufacturers of America, Inland Steel Industries, Inc., International Game Technology, International Paper, Johnson & Johnson, Keystone Automotive Industries, Motorola, Inc., Procter & Gamble, Sara Lee Corporation.

TELECOMMUNICATIONS: AT&T, Ameritech, BellSouth Telecommunications, Inc., GTE Corporation, MCI, National Cable and Telecommunications Association, SBC Communications, Inc., Sprint, UST Public Affairs, Inc., Verizon Communications, Inc.

TRANSPORTATION: Air Transport Association of America, American Trucking Association, The Boeing Company, United Airlines, United Parcel Service (UPS).

OTHER U.S. COMPANIES: Amway Corporation, Cabot Sedgewick, Cendant Corporation, Corrections Corporation of America, Dresser Industries, Federated Department Stores, International Gold Corporation, Mary Kay Cosmetics, Microsoft Corporation, Newmont Mining Corporation, Quaker Oats, Sears, Roebuck & Company, Service Corporation International, Taxpayers Network, Inc., Turner Construction, Wal-Mart Stores, Inc.

ORGANIZATIONS/ASSOCIATIONS: Adolph Coors Foundation, Ameritech Foundation, Bell & Howell Foundation, Carthage Foundation, Charles G. Koch Charitable Foundation, ELW Foundation, Grocery Manufacturers of America, Heartland Institute of Chicago, The Heritage Foundation, Iowans for Tax Relief, Lynde and Harry Bradley Foundation of Milwaukee, National Pork Producers Association, National Rifle Association, Olin Foundation, Roe Foundation, Scaiffe Foundation, Shell Oil Company Foundation, Smith Richardson Foundation, Steel Recycling Institute, Tax Education Support Organization, Texas Educational Foundation, UPS Foundation.

As the foregoing illustrates, many U.S. companies and corporations not only fund ALEC’s activities regarding prison labor and PIC, they have foundations that also contribute handsomely to ALEC. Many are represented upon ALEC”s Private Enterprise Board.

Commodities, services and various products sold to U.S. consumers provide profits to these companies/corporations that are used to further the goals of ALEC. They sell us our vehicles, Chrysler, Ford, GM…sell us the fuel to power those vehicles, insurance to cover our cars and trucks. Some of our homes are mortgaged through banks and mortgage companies affiliated with ALEC. Our homes are insured by carriers supporting the use of inmate labor. Our phones are provided by those who are also involved and our medications also fund these same ALEC activities. Even the fast food places we depend upon are part of the overall PIC operation – McDonalds and Wendy’s.

Reservations we make for American Airlines and the likes of AVIS rent-a-car are taken by inmates. More and more call centers are coming on line every day manned by inmates in both state and federal prison operations. Each position taken by an inmate, used to belong to private sector workers who are now unemployed.

Another industry I’ve briefly touched upon needs to be discussed here. That is the agriculture industry. One side effect of immigration laws being enacted in the Western states is the reduction of migrant workers in those states that have passed tougher immigration policies. Not one to miss such an opportunity, prison industries are vying to fill the voids created by these laws.

Colorado has been one of those states hardest hit because of new laws similar to that of SB 1070. In an effort of providing labor to the farmers in that state, the legislature has partnered with the state DOC to implement a new program allowing for the use of inmates on private farms.

To meet the needs of the capitalist farmers, the state legislature has partnered with the Colorado Department of Corrections to launch a pilot program this month that will contract with more than a dozen large farms to provide prisoners who will work in the fields. More than 100 prisoners will go to farms near Pueblo, Colo., to start the program in the coming weeks.

Prisoners will earn a miserable 60 cents a day. The prisoners will be watched by prison guards, who will be paid handsomely by the farmers. The practice is a modern form of slavery.

The corporate farm owners and capitalist politicians are defending the program. They claim that business needs to be “protected” for the sake of capitalist production in the agricultural sector.


There were many indicators that this was on the horizon over three years ago, when articles began to appear about several states switching from migrant farm workers to inmates:

As states increasingly crack down on hiring undocumented workers, western farmers are looking at inmates to harvest their fields. Colorado started sending female inmates to harvest onions, corn, and melons this summer. Iowa is considering a similar program. In Arizona, inmates have been working for private agriculture businesses for almost 20 years. But with legislation signed this summer that would fine employers for knowingly hiring undocumented workers, more farmers are turning to the Arizona Department of Corrections (ADC) for help.

It isn’t surprising that agricultural and farming needs would be pointed in this direction by state legislators…where ALEC’s efforts of eliminating “illegal” aliens from agribusiness work coincided with their SB 1070 and earlier state legislative efforts. They realized the impact the laws would have upon immigrant workers and that a labor force would be necessary to take the place of immigrants picked up or scared off by laws like SB 1070. CCA, Geo and state prison industry operators were informed of the expected future labor needs of U.S. farmers and began to gear up in 2007 when ALEC successfully proposed and was able to enact one of the first restrictive immigration laws in Colorado. I believe ALEC projected the impact on farming, predicted the labor need and advised prison industries to be prepared to put inmates out in agriculture work on short notice. As soon as the Colorado law went into effect, prison industries had inmates picked, vetted and with the proper custody level ready to step into the shoes of the missing migrant workers.

All in all a very effective business plan put into place by ALEC and their members – eliminate an entire industry workforce and replace it with a workforce supplied by their members at a wage scale of less than $1.00 per hour. At the same time salaries of the prison staff guarding the workers is paid for by the farmers. Talk about a win-win-win business plan.

Prison labor had been used in Arizona for more than two decades prior to SB 1070. However the enactment of that law made the need for inmate labor to treble – along with profits from that labor.

Other occupations are being impacted by privatization of prison related healthcare. Many doctors are now choosing to work in prison rather than private practice. Obviously this switch lowers the number of doctors available in the private sector. One reason for this change in direction by physicians is retirement benefits and free malpractice insurance offered by prison healthcare corporations, such as PHS.

If more information is needed to clarify the financial impact of continuing incarceration upon us as a society take a brief look at Washington State’s latest efforts to address the state deficit. The below cuts are necessary to reduce the budget by $600 million. A substantial need for such reductions was created because of the state’s continued reliance upon incarcerating more and more citizens, reducing private sector jobs through the use of prison labor by large WA. corporations such as Boeing and Microsoft.

Among the cuts approved by legislators: nearly $50 million from the Department of Corrections, including the closure of a prison facility; $50 million from K-12 education, including funding intended to keep class sizes small; $51 million from higher education, including at several of the state’s flagship universities; nearly $30 million from a state-subsidized health insurance program for the poor; and the elimination of non-emergency dental care for poor adults.

What a trade off, huh? More cuts to education and social programs that benefit the poor while they pay out millions to prison industries and private prison operators – and give tax breaks to Boeing and Microsoft. Washington citizens are getting the shaft – especially their students and the poorest among them.

While Washington state is making terrible cuts to the budget, elsewhere prison workers and their supporters are successfully keeping unnecessary prisons open to keep prison staffers from losing their employment. An action that keeps taxpayers funding their salaries – needlessly.

ETOWAH COUNTY, Alabama — U.S. Immigration and Customs Enforcement officials have agreed Thursday to delay removal of more than 300 inmates from Etowah County’s detention center until at least the spring, the Gadsden Times reports.

ICE officials had notified the county Saturday that they would be removing the inmates from the Etowah County jail, which is the only facility in Alabama with a contract to house ICE inmates.

On Thursday, after intercession by the county’s congressional delegation, ICE agreed to keep inmates at the facility and use Etowah County’s prisoner transportation services until March 31, 2011, according to the Gadsden Times, which cites a news release from Sheriff Todd Entrekin.

The decision stops what would have been a substantial economic loss for the jail and could have resulted in the loss of some 49 jobs.”

While this fight to keep jobs and inmates in AL. is fought, another fight results in the loss of a successful privately operated reentry program for ex-offenders in Virginia. The state has decided to “re-vamp” its reentry efforts and closed this and 12 other successful programs. Even in instances where volunteers and organizers step-up to address recidivism, the state steps-in and thwarts their efforts. It’s almost like there are efforts going on at the state levels to keep incarceration and recidivism rates up.

Our country is being turned into a nation of prisoners and those who pay for their incarceration costs – period. Everything else is being cut to keep the PIC in place and profitable. Medicare and Social Security are next in line in the next U.S. Congress. Don’t you find it odd that of all the rhetoric about our failing economy, the cuts to social and community programs, unemployment and unemployment compensation arguments – none of our lawmakers are openly voicing calls for any reduction in imprisonment? I mean there have been hundreds of articles identifying incarceration costs as being responsible for necessary cuts in funding for education and other necessary programs…but no one wants to go on the record as supporting a stop to mass incarcerations? How is it that our elected officials continue to cut more and more out of annual budgets to pay for incarceration and make no effort of reducing the need for that incarceration? I believe it is because they’re paid handsomely to avoid any effort of reforming laws or reducing incarceration. It is simply too profitable to allow us to stop sending men, women and our children to jail and prisons.

This is exemplified by a recent article on Louisiana’s practice of housing state prisoners in local Parish jails:

Legislators wonder why the budget for the Department of Corrections is so large,” said one state employee who is familiar with the department. “As long as they keep trying to criminalize everything they find personally offensive in the name of law and order for the benefit of the folks back home, the budget is going to keep growing.

”Each legislative session, dozens of bills are introduced by Louisiana lawmakers to either create new criminal statutes or to increase penalties for existing laws. Only rarely does a bill attempt to reduce penalties for crimes. In the 2010 regular session alone, for example, 68 of 93 bills addressing criminal procedure and crime, called for jail time for new crimes or longer sentences for existing laws. Those included crimes ranging from “unlawfully wearing clothing which exposes undergarments or certain body parts” to cyberbullying, and terrorist acts.

“Local sheriffs relish the opportunity to house state prison inmates because it infuses needed cash into the local coffers. One state official said the actual cost to sheriffs to house the state prisoners is only a fraction of the $24.39 daily income per prisoner. “It’s a big bonus for the sheriffs,” he said.

Right now prisoners in Georgia are striking due to being used as slave labor by that state’s prison industries. Such strikes are unheard of and one reason is the huge amount of “get-back” available to the prison staff and their willingness to use physical means to force compliance. My heart goes out to these men, as I’ve been there and know how dire their circumstances must be to cause such a dangerous mission from behind bars. Many are trying to provide assistance to them through phone and email communications with prison authorities, but so far the prisons involved (6) remain on indefinite lockdowns with reports of retaliation at each facility being reported via cell phone calls from the inmates. There has been limited media coverage of this historical strike (and no mainstream media attention) – again, it is not in their best interests to publicize this action to the public, for fear of creating a discussion on the merits of using inmate labor in a “slavery like” manner – though from reports, thousands of inmates are participating in the strike. These men represent those who are now performing the work previously performed by Georgia private sector workers, and doing it for pennies on the dollar.

As shown by the above information, every facet of our lives are now touched in some way by prison privatization, prison healthcare, feeding of prisoners or by working prisoners in the PIC. This puts their products in our homes, on our grocer shelves, in our produce consumption and reduces available private sector jobs – including positions for physicians. Sadly we must realize that all of this is financed with our tax dollars that are quickly converted to “profits” once received into the coffers of corporations participating in the PIC.

Many comments have been made to my Insourcing Series saying we should identify those involved and boycott their products and services. As this segment demonstrates, it is nearly impossible to identify each corporation, group, organization or individuals involved in PIC and prison industries. Their products are so vast and diverse, each of our homes now have one or more of those products in use. Even picking up the phone and calling for technical assistance with products, making a reservation or inquiring about services may put us in touch with an inmate on the other end of the phone. The Prison Industrial Complex is simply too vast to avoid or boycott – in a manner typically used by consumers and concerned citizens.

Boycotting is usually an activity used to refuse our business to those involved in practices we object to. In this case it is just too difficult to accurately identify prison industry participants.

I’m working on developing a program now that may allow all of us to identify those companies, businesses and corporations not involved in any way with prison labor or the PIC. We can eliminate the profits realized by corporations using inmate labor, by reducing sales of their products. Just as those participating in the PIC transfer our tax dollars into profits, we can transfer their anticipated future profits back to the private sector worker through participation in this program. The only thing these corporations understand is “profit”. Money drives them and is what gets their attention. So let’s get their attention by denying them sales – not boycotting.

I intend to set up a website allowing those not connected with the PIC, not investing in or funding prison industries and not selling any products made by inmates or inmate provided services to be named. The site is intended to list corporations, retailers, providers and businesses certified as not involved in PIC operations. Links to these certified non-participating company websites and online catalogs, local outlets and products lines will be made available. In addition those industries, corporations, investors, banks, finance companies and others identified as profiting from PIC or prison industries in any form will be identified and “blacklisted”. In this way one comprehensive site can be used to identify those products, services and companies to avoid while providing links to U.S. retailers and companies not involved, that provide the same products or services without the use of prisoners.

In order to participate, these companies must “Certify” in writing that they use no inmate labor, do not invest in or sell products made in prison. Secondly they will be required to use the “Made in U.S.A.” labels with products and services provided by American workers and offer those products to U.S. consumers.

Prison made goods include those made in China and elsewhere that are finding their way to our retail shelves more and more of late. There are strict prohibitions against allowing imported products into the U.S. when those products were made by prison, slave or child labor. These strict provisions are being circumvented in some instances and deliberately ignored by our Custom Service in others. Companies, businesses, retailers and manufacturers wishing to be listed within the proposed site, must certify non-use of those foreign prison-made goods as well.

The site is intended to allow consumers to identify those not involved in prison labor related products and offer shoppers a discount direct from participating U.S. manufacturers, retailers and service providers for purchasing their products or services made by U.S. workers in our private sector markets. This will help increase jobs and deny continued profits to those using inmate labor.

This effort will be time consuming and expensive to develop and put into operation. Sponsors and volunteers will be needed to assist in this endeavor. This is going to need the expertise of a website developer, software programmers, advertising and accounting assistance. We are going to need people to submit to us the names of businesses they own, work for or invest in that are not associated or affiliated with prison labor or products. Money is going to be needed to advertise the site and make consumers aware that such a site exists to provide them with alternatives to prison made products. If successful this will put money into the pockets of those manufacturers and retailers who refuse to become involved in prison made goods for profit. It will provide those businesses with income to hire more workers due to increased production and sales.

Any volunteers…suggestions…advice…assistance? If you believe this is a good idea to help us take back our jobs, eliminate the vast profits made off of cheap prison labor and promote “real” products made by free American workers, write and let me know. If you want to participate or assist in this development, I’m listening…

Originally posted to Bob Sloan on Tue Dec 14, 2010 at 03:23 PM PST.