Working prisoners in the USA: laws, policies, and practical realities

Ben Jarman; Helen Fair

Abstract

This briefing examines the law, policy, and practice of prison work in the United States, focusing on Arizona, California, and Texas. It provides a comprehensive analysis of work and employment training opportunities for prisoners in these states, contextualised within recent trends in their prison populations and in the legal framework governing prison labour. The briefing explores how different levels of custodial security affect access to work opportunities and examines relevant case law and state-specific approaches. Recent policy developments are linked to penal cultures and prison population trends. The briefing suggests that prison work in these states primarily subsidises state institutions rather than enabling exploitation for private profit, with most work involving prison maintenance or producing goods for public sector use. Despite low labour costs, many prison industries struggle for economic viability. The analysis highlights a lack of reliable, comprehensive data on prison work, hindering thorough analysis and informed policymaking. Areas requiring further research include the specifics of ‘prison housework’, long-term outcomes of prison work, and implications of penal policy shifts. The briefing aims to contribute to evidence-based policy reforms that can improve outcomes for prisoners while addressing broader societal concerns about justice and rehabilitation.

Availability

Available at https://eprints.bbk.ac.uk/id/eprint/53813.

Reuse

Copyright

Citation

BibTeX citation:

@report{jarmanWorkingPrisonersUSA2024,
  author = {Jarman, Ben and Fair, Helen},
  publisher = {Institute for Crime \& Justice Policy Research},
  title = {Working Prisoners in the {USA:} Laws, Policies, and Practical
    Realities},
  series = {Unlocking potential},
  pages = {47},
  date = {2024-09-11},
  address = {London},
  url = {https://eprints.bbk.ac.uk/id/eprint/53813},
  langid = {en-GB},
  abstract = {This briefing examines the law, policy, and practice of
    prison work in the United States, focusing on Arizona, California,
    and Texas. It provides a comprehensive analysis of work and
    employment training opportunities for prisoners in these states,
    contextualised within recent trends in their prison populations and
    in the legal framework governing prison labour. The briefing
    explores how different levels of custodial security affect access to
    work opportunities and examines relevant case law and state-specific
    approaches. Recent policy developments are linked to penal cultures
    and prison population trends. The briefing suggests that prison work
    in these states primarily subsidises state institutions rather than
    enabling exploitation for private profit, with most work involving
    prison maintenance or producing goods for public sector use. Despite
    low labour costs, many prison industries struggle for economic
    viability. The analysis highlights a lack of reliable, comprehensive
    data on prison work, hindering thorough analysis and informed
    policymaking. Areas requiring further research include the specifics
    of “prison housework”, long-term outcomes of prison work, and
    implications of penal policy shifts. The briefing aims to contribute
    to evidence-based policy reforms that can improve outcomes for
    prisoners while addressing broader societal concerns about justice
    and rehabilitation.}
}

For attribution, please cite this work as:

Jarman, B., & Fair, H. (2024). Working prisoners in the USA: laws, policies, and practical realities (Briefing paper), London: Institute for Crime & Justice Policy Research. Retrieved from https://eprints.bbk.ac.uk/id/eprint/53813