Economics

“Prison Labor” is narrowly defined as forced or involuntary labor by criminally charged, sentenced, or incarcerated persons.

Warning: The best that can be said is that the data and writings on prison labor are a contradictory muddle more guided by theology of argument than discipline of definition or measure. In fact, one of the major problems with the issue is the lack of definition, precision, and meaningful measure. Printed materials far too often liberally stray from definitions. Far too often we’re running practically blind. And much of what is said probably “ain’t so” if compared with stated definitions.

The 13th amendment to the US Constitu tion, “exception clause”: “Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction…” (Italics mine)

One fairly common measure of US “prison labor” is enumeration of the number of local, state, and Federally incarcerated persons working either in agriculture, institutional maintenance, or in traditional “prison industries” (license plates, printing, furniture, clothing, and such). Unfortunately for definitional accuracy, the vast majority of US prison labor today is legally explicitly “voluntary,” and does not occur under the exception clause at all. Correctional systems are explicit in this regard. Very little prison labor today - such as chain gangs or rock-breaking - is involuntary or in any way a term of criminal sentences.

While still calling the issue “prison labor,” the fuller truth in my view is the real issue has two parts:

1) Not work, but the overwhelming absence of work, and

2) Denial of rights, protections, and obligations of civilian labor force participation.

And for those reasons, a better definition or framing of the prison labor issue is absence of civilian labor force participation.

What we really see today is that the problem is not using force at all. The problem is there is no work of any sort available except prison industries and prison labor. What we observe in reality is that prison industries have lines of applicants vying to get the few jobs available, and prison industries jobs are treasured by their holders in most instances.

So at essence, what we are facing is not forced work but no work, the prevention of work, and certainly the absence of the kinds of work the rest of us enjoy.

Petersik Definition - A Difference in the rules under which work is done : Looking at this over many years, my view is less about who is doing it and much more about the rules under which the work is done.

For purposes of my work in this website, “prison labor” is any work performed by an incarcerated person that is carried out outside the protections, rights, and obligations of US civilian labor law, such as without the protections of the Fair Labor Standards Act (wages & hours), the National Labor Relations Act (Union membership) or accesses to common components of the Social Safety Net, such as Social Security, family health insurance, and retirement investments.

Therefore, “work” that an incarcerated person performs, for example, on “work release” differs from prison labor in that the incarcerated person holds a civilian job covered by FLSA and Social Security, etc. and constitutes “employment,” whereas road gang work is performed outside a correctional institution but without FLSA protections. US prison industries work (not covered by FLSA) is therefore included here as prison labor.

Links to works on the economics of the prison labor system.