The term "prison–industrial complex" (PIC), derived from the "military–industrial complex" of the 1950s, describes the attribution of the rapid expansion of the US inmate population to the political influence of private prison companies and businesses that supply goods and services to government prison agencies for profit. The most common agents of PIC are corporations that contract cheap prison labor, construction companies, surveillance technology vendors, companies that operate prison food services and medical facilities, prison guard unions, private probation companies, lawyers, and lobby groups that represent them.
The portrayal of prison-building/expansion as a means of creating
employment opportunities and the utilization of inmate labor are
particularly harmful elements of the prison-industrial complex as they
boast clear economic benefits at the expense of the incarcerated
populace. The term also refers to the network of participants who
prioritize personal financial gain over rehabilitating criminals. Proponents of this view, including civil rights organizations such as the Rutherford Institute and the American Civil Liberties Union (ACLU),
believe that the desire for monetary gain through prison privatization
has led to the growth of the prison industry and contributed to the
increase of incarcerated individuals.
These advocacy groups assert that incentivizing the construction of
more prisons for monetary gain will encourage incarceration, which would
affect people of color at disproportionately high rates.
History
Following the War on Drugs
and the passing of harsher sentencing legislation, private sector
prisons began to emerge to keep up with the rapidly expanding prison
population.
Late 1970s
The Prison Industry Enhancement Certification Program (PIECP) is a federal program that was initiated along with the American Legislative Exchange Council (ALEC) and the Prison-Industries Act in 1979.
This program legalized the transportation of prison-made goods across
state lines and allows prison inmates to earn market wages in private
sector jobs that can go towards tax deductions, victim compensation,
family support, and room and board. The PIECP, ALEC,
and Prison-Industries Act were created with the goal of motivating
state and local governments to create employment opportunities that
mimic private sector work, generate services that allow offenders to
contribute to society, offset the cost of their incarceration, reduce
inmate idleness, cultivate job skills, and improve the success rates of
transition back into the community after release. Before these programs, prison labor
for the private sector had been outlawed for decades to avoid
competition. The introduction of prison labor in the private sector, the
implementation of PIECP, ALEC, and Prison-Industries Act in state prisons all contributed a substantial role in cultivating the prison-industrial complex. Between the years 1980 through 1994, prison industry profits jumped substantially from $392 million to $1.31 billion.
1980s
In January 1983, the Corrections Corporations of America
(CCA) was founded by Nashville businessmen and would grow to become one
of the oldest and largest for-profit private prison companies in
America, laying the groundwork for a transformation in layout of
corrections facilities across the country.
The 58 was established with the goal of creating public-private
partnerships in corrections by substituting government shortcomings with
more efficient solutions. The first facility managed by CCA opened in
April 1984 in Houston, Texas. As of 2012, the multibillion-dollar corporation, now known as CoreCivic, manages over 65 correctional facilities and boasts of a revenue exceeding over 1.7 billion dollars.
To run the most efficient prisons possible, CCA cut costs by
reducing personnel and designing its prisons to include more video
cameras for surveillance and clustered cell blocks for easier
monitoring. For private prisons, labor is the biggest expense at 70
percent of overall costs, and as a result, CCA and other private prisons
have become motivated to cut labor costs by understaffing its prisons.
In 1988, the second largest for-profit private prison corporation, Wackenhut Corrections Corporation (WCC) was established as a subsidiary of The Wackenhut Corporation. The WCC would later develop into Geo Group and as of 2017, their U.S. Corrections and Detention division manages 70 correctional and detention facilities. Their mission statement is as follows:
To develop innovative public-private partnerships with government agencies around the globe that deliver high quality, cost-efficient correctional, detention, community reentry, and electronic monitoring services while providing industry leading rehabilitation and community reintegration programs to the men and women entrusted to our care.
1990s
The passing of mandatory minimum sentencing and truth in sentencing legislature contributed greatly to the exponential growth in the prison population throughout the 1990s.
Mandatory minimum sentencing had a disproportionately high effect on
the number of African-American and other minority inmates in detention
facilities. Throughout the 1990s, the CCA and GeoGroup were both heavily connected to the American Legislative Exchange Council (ALEC), and were recognized for their substantial contributions in 1999.
In 1994, President Bill Clinton passed the Violent Crime Control and Law Enforcement Act, the largest crime bill in history.
The Violent Crime Control and Law Enforcement Act directly allotted an
increase of funding of $9.7 billion for prisons and introduced the three-strikes
law, which subjected convicts of three offenses to exceedingly long
sentences (25 year to life minimum), amplifying the effects of mass incarceration and increasing the profit margins of the private specialized corporations such as CCA and GeoGroup and their subsidiaries. By May 1995, there were over 1.5 million people incarcerated, an increase from 949,000 inmates in 1993.
2000s
From 1984
to 2000, the overall state spending on prisons increased at an
alarmingly high rate and from the year 1970 to 2005, the number of
inmates in the United States surged by 700 percent.
Developments in privatization of prisons continued to progress and by
2003, 44.2% of state prisoners in New Mexico were held in private prison
facilities.
Other states such as Arizona, Vermont, Connecticut, Alabama,
Pennsylvania, South Carolina, Utah, Ohio, and Florida also began
expanding their private prison contracts.
As of 2015, there were 91,300 state inmates and 26,000 federal inmates
housed in private prison facilities, according to the Bureau of Justice
Statistics. Nationwide, this is 7 percent and 13 percent of inmates,
respectively.
In late 2016, the Obama Administration issued an executive policy
to reduce the number of private federal prison contracts. On August 18,
2016, then-Deputy Attorney General Sally Yates issued a memorandum that
stated: "I am directing that, as each contract [with a private prison
corporation] reaches the end of its term, the Bureau should either
decline to renew that contract or substantially reduce its scope in a
manner consistent with the law and the overall decline of the Bureau's
inmate population."
Less than a month into Donald Trump's presidency, Attorney
General Jeff Sessions reversed the Obama Administration policy. The
Trump Administration has so far increased immigration enforcement and
instituted harsher criminal sentences.
Many critics of private prisons argue that prison privatization
serves as a large agent for cultivating and feeding into the
prison-industrial complex in the United States. John W. Whitehead, constitutional attorney and founder of the Rutherford Institute
asserts "Prison privatization simply encourages incarceration for the
sake of profits, while causing millions of Americans, most of them
minor, nonviolent criminals, to be handed over to corporations for
lengthy prison sentences which do nothing to protect society or prevent
recidivism"
and argues that it characterizes an increasingly inverted justice
system dependent upon an advancement in power and wealth of the
corporate state.
Private prisons have become a lucrative business, with CCA
generating enough revenue that it has become a publicly traded company.
Financial institutions have taken notice and are now some of the largest
investors in private prisons, including Wells Fargo (which currently
has around $6 million invested in CCA), Bank of America, Fidelity
Investments, General Electric, and The Vanguard Group.
According to a 2010 investigation by the United States Department of Justice,
many of the employees and prisoners were exposed to toxic metals from
not being sufficiently trained nor were given the resources to handle
toxic material. Injury and illness as a result were not reported to
appropriate authorities. When investigated, they found that UNICOR, a prison labor program for inmates within the Federal Bureau of Prisons,
had attempted to conceal evidence of working conditions from inspectors
by cleaning up the production lines before they arrived.
In 2010, both the Geo Group and CoreCivic managed contracts with combined revenues amounting to $2.9 billion. In January 2017, both the Geo Group and CoreCivic welcomed the inauguration of President Trump with generous $250,000 donations to his inaugural committee.
The War on Drugs
The War on Drugs
has significantly influenced the development of the prison-industrial
complex. The policy measures taken to categorize drug abuse as a
criminal issue (rather than a health issue as many advocate) have
directly sustained the existence of the prison-industrial complex. Since President Reagan institutionalized the War on Drugs in 1980, incarceration rates have tripled. In fact, the Federal Bureau of Prisons reports that drug offense convictions have led to a majority of the US inmate population in federal prisons.
Some policy analysts attribute the end of the prison-industrial complex to the lessening of prison sentences for drug usage.
Some even call for a total shutdown of the War on Drugs itself and
believe that this solution will mitigate the profiting incentives of the
prison-industrial complex.
History of the relationship between the War on Drugs and the prison-industrial complex
One of the factors leading to the prison-industrial complex began in New York in 1973. Nelson Rockefeller,
the governor of New York at the time, rallied for a stringent crackdown
on drugs. Rockefeller essentially set the course of action for the War
on Drugs and influenced other states' policies on this issue. For any
illegal-drug dealer, even a juvenile, he advocated a life-sentence in
prison exempt from parole and plea-bargaining. These demands led to the Rockefeller Drug Laws, which although were not as harsh as Rockefeller's demands, encouraged other states to enact similar laws.
The federal government also took a stance on this issue and passed the
1986 Anti-Drug Abuse Act. These laws led to overcrowding in New York
prisons. The mayor succeeding Rockefeller was Mario Cuomo;
he was forced to support prison expansion because he was unable to
generate enough support to dismantle the drug laws. In order to receive
funding for these prisons, Cuomo financed this project to the Urban
Development Corporation (a public state agency) which, to the benefit of
the state government, could issue state bonds without voter support.
The Urban Development Corporation legally owned the prisons and the
state ended up selling the Attica prison to the corporation. These events led to the recognition of the ability to gain political capital from privatizing prisons.
Impact of drug offense imprisonment on the prison-industrial complex
Policies
initiated due to the War on Drugs have led to prison expansion and
consequently allowed the prison-industrial complex to thrive.
A study states that "The number of persons awaiting trial or serving a
sentence for a drug offense in prison or jail has increased from about
40,000 in 1980 to 450,000 today."
The significance of creating efficient drug punishment is heightened by
the relentless cycle created when imprisoning drug sellers. Even if a
drug seller is prosecuted , the drug industry still exists and other
sellers take the place of the imprisoned seller. This is described as
the "replacement effect".
There is a constant supply of drug sellers and hence, a constant supply
of potential prison inmates. The War on Drugs has initiated a perpetual
cycle of drug dealing and imprisonment. As a result of these events, in
many ways, a domino effect has occurred: tough-on-drug policies led to
overcrowding in prisons; this was one of the factors which led to the
realization of the profiting gain from prison privatization; and this
incentive became one of the factors which eventually led to the system
now known as the prison-industrial complex.
War on drugs and racialization of the prison-industrial complex
Critics have stated that the War on Drugs has disproportionately targeted African Americans
and as a result has also reinforced the institutionalized racism
embedded in the prison-industrial complex. Collected data illustrates
that "Although the prevalence of illegal drug use among white men is
approximately the same as that among black men, black men are five times
as likely to be arrested for a drug offense." This racial disparity has led to a prison inmate population with close to a 50% African-American demographic.
Economics
Effects
Eric Schlosser wrote an article published in Atlantic Monthly in December 1998 stating that:
The 'prison-industrial complex' (PIC) is not only a set of interest groups and institutions; it is also a state of mind. The lure of big money is corrupting the nation's criminal-justice system, replacing notions of safety and public service with a drive for higher profits. The eagerness of elected officials to pass tough-on-crime legislation – combined with their unwillingness to disclose the external and social costs of these laws – has encouraged all sorts of financial improprieties.
Schlosser also defined the prison industrial complex as "a set of
bureaucratic, political, and economic interests that encourage increased
spending on imprisonment, regardless of the actual need".
Hadar Aviram, Professor of Law at UC Hastings,
suggests that critics of the prison-industrial complex (PIC) focus too
much on private prisons. While Aviram shares their concerns that
"private enterprises designed to directly benefit from human confinement
and misery is profoundly unethical and problematic", she claims that
"the profit incentives that brought private incarceration into
existence, rather than private incarceration itself, are to blame for
the PIC and its evils". In the neoliberal
era, she argues, "private and public actors alike respond to market
pressures and conduct their business, including correctional business,
through a cost/benefit prism".
Prison labor
The
prison industrial complex has an economic stronghold in its inclusion
and participation of private businesses that benefit from the
exploitation of the prison labor;
prison mechanisms remove "un-exploitable" labor, or so-called
"underclass", from society and redefine it as highly exploitable cheap
labor.
Scholars using the term "prison industrial complex" have argued that
the trend of "hiring out prisoners" is a continuation of the slavery
tradition.
Jobs that are geared toward the prison industry are jobs that
require little to no industry-relevant skill, have a large heavy manual
labor component and are not high paying jobs. The wages for these jobs typically range between $0.12 to $0.40 per hour.
Criminologists have identified that the incarceration is
increasing independent of the rate of crime. The use of prisoners for
cheap labor while they are serving time ensures that some corporations
benefit economically.
As the prison population grows, a rising rate of incarceration
feeds small and large businesses such as providers of furniture,
transportation, food, clothes and medical services, construction and
communication firms.
Furthermore, the prison system is the third largest employer in the
world. Prison activists who dispute the existence of a prison industrial
complex have argued that these parties have a great interest in the
expansion of the prison system since their development and prosperity
directly depends on the number of inmates. They liken the prison industrial complex to any industry that needs more and more raw materials, prisoners being the material.
Activists Eve Goldberg and Linda Evans report in Masked Racism: Reflections on the Prison Industrial Complex by Angela Davis
that "For private business, prison labor is like a pot of gold. No
strikes. No union organizing. No health benefits, unemployment
insurance, or workers' compensation to pay. No language barriers, as in
foreign countries. New leviathan prisons are being built on thousands of
eerie acres of factories inside the walls. Prisoners do data entry for
Chevron, make telephone reservations for TWA, raise hogs, shovel manure,
make circuit boards, limousines, waterbeds, and lingerie for Victoria's
Secret -- all at a fraction of the cost of 'free labor'."
Corporations, especially those in the technology and food
industries, contract prison labor, as it is legal and often completely
encouraged by government legislature. The Work Opportunity Tax Credit (WOTC) serves as a federal tax credit that grants employers $2,400 for every work-release employed inmate.
"Prison insourcing" has increasingly grown in popularity as the cheaper
alternative to outsourcing with a wide variety of companies such as Whole Foods, McDonald's, Target, IBM, Texas Instruments, Boeing, Nordstrom, Intel, Wal-Mart, Victoria's Secret, Aramark, AT&T, BP, Starbucks, Microsoft, Nike, Honda, Macy's and Sprint and many more actively participating in prison insourcing throughout the 1990s and 2000s.
Statistics show that when the unemployment rate is correlated to
the incarceration rate. The prison system is easily manipulated and
geared toward help support the most economically advantageous situation.
With more prisoners comes more free labor. When having larger
privatized prisons makes it cheaper to incarcerate each individual and
the only side effect is having more free labor, it is extremely
beneficial for companies to essentially rent out their facilities to the
state and the government.
Private or for profit prisons have an incentive in making decisions in
regards to cutting costs while generating a profit. One method for this
is using prison inmates as a labor force to perform production work.
Advocates of prison labor cite that rehabilitation is promoted
through discipline, a strong work ethic, and providing inmates with
valuable skills to be used upon release.
Gina Honeycutt, executive director of the National Correctional
Industries Association stated, "Many offenders have never worked a legal
job and need to learn the basics like showing up on time, listening to a
supervisor and working as part of a team." Studies have also shown that participants in prison labor programs often have a lower risk of recidivism, showing that graduates of the program are less likely to be repeat offenders on average.
Honeycutt also stated, "In recent years, the focus of many work
programs has shifted to concentrate even more on effective
rehabilitation of inmates. The transition in the last five years has
been away from producing a product to producing a successful offender as
our product."
Cynthia Young states that prison labor is an "employers' paradise".
Prison labor can soon deprive the free labor of jobs in a number of
sectors, since the organized labor turns out to be un-competitive
compared to the prison counterpart, attributed to the crowding-out effect.
Journalist Jonathan Kay in the National Post
defined the "prison industrial complex" as a "corrupt human-warehousing
operation that combines the worst qualities of government (its power to
coerce) and private enterprise (greed)". He states that inmates are
kept in inhumane conditions and that the need to preserve the economic
advantage of a full prison leads prison leaders to thwart any effort or
reforms that might reduce recidivism and incarcerations.
Investments
In a Bureau of Prisons
(BOP) funded study by Doug McDonald. and Scott Camp, known as the "Taft
Studies", privatized prisons were compared side-to-side with the public
prisons on economic, performance, and quality of life for the prisoner
scales.
The study found that in a trade off for allowing prisons to be more
cheaply run and operated, the degree to which prisoners are reformed
goes down. Because the privatized prisons are so much larger than the
public-run prisons, they were subject to economies of scale.
Privatized prisons run on business models, promoting more an efficient,
accountable, lower cost alternative to decrease government spending on
incarceration.
In 2011, The Vera Institute of Justice surveyed 40 state
correction departments to gather data on what the true cost of prisons
were. Their reports showed that most states had additional costs ranging
from one percent to thirty-four percent outside of what their original
budget was for that year.
In 2016, during President Obama's administration private prisons
were on the decline, as they were considered more expensive and less
safe than government-run facilities. Former Deputy Attorney General Sally Yates
stated, "Private prisons simply do not provide the same level of
correctional services, programs, and resources; they do not save
substantially on costs; and as noted in a recent report by the
Department's Office of Inspector General, they do not maintain the same
level of safety and security." Private prison stocks were at their lowest point since 2008 and on August 18, 2016, the United States Justice Department noticed a declining reliance on private prisons and was developing a plan to phase out its use of private prisons.
The stock prices of the largest private prison operations, CoreCivic and Geo Group, skyrocketed in 2016 following the election of President Trump, with CoreCivic experiencing a 140% increase and Geo Group rising 98%. Attorney General Jeff Sessions
stated in a February 21, 2017 memo that the Obama administration had
"impaired the U.S. Bureau of Prison's ability to meet the future needs
of the correctional system" and rescinded the Obama directive that would
curtail the government use of private prisons. In 2017, CNN
attributed this rise of private prison stock to President Trump's
commitment to lowering crime and toughening immigration, translating to
more individuals to be arrested, therefore leading to an increase of
private prison profits. Both companies donated heavily to the Trump election campaign in 2016.
Immigration
Funding of the Immigration and Naturalization Service
(INS) is increasing as about a total of $4.27 billion was allotted to
the INS in the 2000 fiscal budget. This is 8% more than in the 1999
fiscal budget.
This expansion, experts claim, has been too rapid and thus has led to
an increased chance on the part of faculty for negligence and abuse. Lucas Guttengag, director of the ACLU
Immigrants' Rights Project stated that, "immigrants awaiting
administrative hearings are being detained in conditions that would be
unacceptable at prisons for criminal offenders".
Such examples include "travelers without visas" (TWOVs) being held in
motels near airports nicknamed "Motel Kafkas" that are under the
jurisdiction of private security officers who have no affiliation to the
government, often denying them telephones or fresh air, and there are
some cases where detainees have been shackled and sexually abused
according to Guttengag.
Similar conditions arose in the ESMOR detention center at Elizabeth,
New Jersey where complaints arose in less than a year, despite having a
"state-of-the-art" facility.
The number of unauthorized immigrants in the U.S. is 11.3 million.
Those that argue against the PIC claim that effective immigration
policy has failed to pass since private detention centers profit from
keeping undocumented immigrants detained.
They also claim that despite having the incarceration rate grow "10
times what it was prior to 1970", "it has not made this country any
safer"' Since the September 11 attacks in 2001, the budget for Customs and Border Protection (CBP), and U.S. Immigration and Customs Enforcement
(ICE), have nearly doubled from 2003 to 2008, with CBP's budget
increasing from $5.8 billion to $10.1 billion and ICE from $3.2 billion
to $5 billion and even so there has been no significant decrease in
immigrant population. Professor Wayne Cornelius, professor Emeritus of Political Science at UC San Diego,
even argued that it is so ineffective that "92–97%" of immigrants who
attempt to cross in illegally "keep trying until they succeed", and that
such measures actually increase the risk and cost of travel, leading to
longer stays and settlement in the US.
There are around 400,000 immigrant detainees per year, and 50%
are housed in private facilities. In 2011, CCA's net worth was $1.4
billion and net income was $162 million. In this same year, The GEO
Group had a net worth of $1.2 billion and net income of $78 million. As
of 2012, CCA has over 75,000 inmates within 60 facilities and the GEO
Group owns over 114 facilities.
Over half of the prison industry's yearly revenue comes from immigrant
detention centers. For some small communities in the Southwestern United
States, these facilities serve as an integral part of the economy.
According to Chris Kirkham, this constitutes part of a growing
immigration industrial complex: "Companies dependent upon continued
growth in the numbers of undocumented immigrants detained have exerted
themselves in the nation's capital and in small, rural communities to
create incentives that reinforce that growth."
A study by the ACLU says that many are housed in inhumane conditions as
many facilities operated by private companies are exempt from
government oversight, and studies are made difficult as such facilities
may not be covered by a Freedom of Information Act.
In 2009, University of Kansas
professor Tanya Golash-Boza coined the term, "Immigration Industrial
Complex", defining it as "the confluence of public and private sector
interests in the criminalization of undocumented migration, immigration
law enforcement, and the promotion of 'anti-illegal' rhetoric", in her
paper "The Immigration Industrial Complex: Why We Enforce Immigration
Policies Destined to Fail".
In 2009, congressional immigration detention policies requires that U.S. Immigration and Customs Enforcement
(ICE) maintain 34,000 immigration detention beds daily. This
immigration bed quota has steadily increased with each passing year,
costing ICE around $159 to detain one individual for one day.
In 2010, immigration detention policies implemented by the U.S. Immigration and Customs Enforcement (ICE) benefited the two major private prison corporations CCA and GeoGroup, increasing their share of immigrant detention beds by 13%.
Compared to data from 2009, the percentage of ICE immigrant detention
beds in the United States are owned and operated by private for-profit
prison corporations has increased by 49%, with CCA and GeoGroup
operating 8 out of 10 of the largest facilities.
Although the combined revenues of CCA and GEO Group were about $4
billion in 2017 from private prison contracts, their number one customer
was ICE.
Impact and response
Women
In 1994, UN Special Rapporteur on Violence Against Women was released
which stated that "Among many other abuses women prisoners have
identified, are pat searches (male guards pat searching and groping
women), illegal strip searches (male guards observing strip searches of
women), constant lewd comments and gestures, violations of their right
to privacy (male guards watching women in showers and toilets), and in
some instances, sexual assault and rape." International human rights
standards reinforce this by stating "the rape of a women in custody is an act of torture". In addition, some prisons fail to meet women's needs with providing basic hygiene and reproductive health products.
In regards to women and the prison-industrial complex, Angela Davis
stated that "State-sanctioned punishment is informed by patriarchal
structures and ideologies that have tended to produce historical
assumptions of female criminality linked to ideas about the violation of
social norms defining a 'woman’s place'. Considering the fact that as
many as half of all women are assaulted by their husbands or partners
combined with dramatically rising numbers of women sentenced to prison,
it may be argued that women in general are subjected to a far greater
magnitude of punishment than men."
She also suggested that the "historical and philosophical connections
between domestic violence and imprisonment [comprise] two modes of
gendered punishment – one located in the private realm, the other in the
public realm".
Angela Davis
continues to argue: "the sexual abuse of women in prison is one of the
most heinous state-sanctioned human rights violations within the United
States today. Women prisoners represent one of the most disenfranchised
and invisible adult populations in our society. The absolute power and
control the state exercises over their lives both stems from and
perpetuates the patriarchal and racist structures that, for centuries,
have resulted in the social domination of women."
According to Angela Davis and Cassandra Shaylor in their research
entitled "Race, Gender, and the Prison-Industrial Complex", most women
in prison experience some degree of depression or post-traumatic stress
disorder.
Very often they are neither diagnosed nor treated, with injurious
consequences for their mental health in and out of prison. Many women
report that when requesting counseling, they are offered psychotropic
medications instead. As technologies of imprisonment become increasingly
repressive and practices of isolation become increasingly routine,
mentally ill women often are placed in solitary confinement, which can
only exacerbate their condition.
Minorities
70 percent of the United States prison population are people of color.
Due to a variety of factors, different ethnic groups have different
rates of offending, arrest, prosecution, conviction and incarceration.
In terms of percentage of ethnic populations, in descending order, the
U.S. incarcerates more Native Americans, African Americans, followed by
Hispanics, Whites, and finally Asians. Native Americans are the largest group incarcerated per capita.
Response
A 2014 report by the American Friends Service Committee, Grassroots Leadership, and the Southern Center for Human Rights
claims that recent reductions in the number of people incarcerated has
pushed the prison industry into areas previously served by non-profit
behavioral health and treatment-oriented agencies, referring to it as
the "Treatment Industrial Complex", which "has the potential to ensnare
more individuals, under increased levels of supervision and
surveillance, for increasing lengths of time – in some cases, for the
rest of a person's life".
Sociologist Nancy A. Heitzeg and activist Kay Whitlock claim that
contemporary bipartisan reforms being proposed "are predicated on
privatization schemes, dominated by the anti-government right and
neo-liberal interests that more completely merge for-profit medical
treatment and other human needs supports with the prison-industrial
complex".
Sociologist Loïc Wacquant of UC Berkeley is also dismissive of the term for sounding too conspiratorial and for overstating its scope and effect. However Bernard Harcourt, Professor of Law at Columbia University,
considers the term useful insofar as "it highlights the profitability
of prison building and the employment boom associated with prison guard
labor. There is no question that the prison expansion served the
financial interests of large sectors of the economy."
Another writer of the era who covered the expanding prison population and attacked "the prison industrial complex" was Christian Parenti, who later disavowed the term before the publication of his book, Lockdown America (2000). "How, then, should the left critique the prison buildup?" asked The Nation in 1999:
Not, Parenti stresses, by making slippery usage of concepts like the 'prison–industrial complex'. Simply put, the scale of spending on prisons, though growing rapidly, will never match the military budget; nor will prisons produce anywhere near the same 'technological and industrial spin-off'.
Prisons in the U.S. are becoming the primary response to mental
illness among poor people. The institutionalization of mentally ill
people, historically, has been used more often against women than
against men.
Reform
Prison abolition movement
A response to the prison industrial complex is the prison abolition movement. The goal of prison abolition is to end the prison industrial complex by eliminating prisons.
Prison abolitionists aim to do this by changing the socioeconomic
conditions of the communities that are affected the most by the
prison-industrial complex. They propose increasing funding of social
programs in order to lower the rate of crimes, and therefore eventually
end the need for police and prisons.
Alternatives to detention
Due
to the overcrowding in prisons and detention centers by for-profit
corporations, organizations such as Amnesty International, propose using
alternatives such as reporting requirements, bonds, or the use of
monitoring technologies.
The questions often brought up with alternatives include whether they
are effective or efficient. A study published by the Vera Institute
attempts to answer this question by stating that when alternatives such
as monitoring technologies were used, they found that 91% of the
individuals appeared at their court date. The Institute recorded that the relative cost of using such alternatives has been estimated at $12 per day
a relatively low price in comparison to the reported average cost of
incarceration in the U.S., which has been priced at roughly $87.61 per
day.
Despite the relative efficiency and effectiveness of alternative
to detention, there is still much debate that these alternatives will
not change the dynamics of incarceration. This argument lies in the fact
that major corporations such as the GEO Group and Corrections
Corporations of America will still be profiting by simply re-branding
and moving towards rehabilitation services and monitoring technologies.
Rather than effectively ending and finding a solution to the PIC, more
people will simply find themselves imprisoned by another system.
Other opposition to alternatives comes from the public. According to
Ezzat Fattah, opposition towards prison alternatives and correctional
facilities is due to the public fearing having that having these
facilities in their neighborhoods will threaten the security and
integrity of their communities and children.
Critical Resistance
The
movement gained momentum in 1997, when a group of prison abolition
activists, scholars, and former prisoners collaborated to organize a
three-day conference to examine the prison-industrial complex in the
U.S. The conference, Critical Resistance
to the prison-industrial complex, was held in September 1998 at the
University of California, Berkeley and was attended by over 3,500 people
of diverse academic, socioeconomic and ethnic backgrounds. Two years
after the conference, a political grassroots organization was founded
bearing the same name with the mission to challenge and dismantle the
prison-industrial complex.
In 2001, the organization adopted a national structure with local
chapters in Portland, Los Angeles, Oakland, and New York City to
develop campaigns and projects working towards abolishing the prison
industrial complex.
Currently, the cause has shifted towards supporting efforts towards
resisting state repression and developing tools to re-imagine life
without the prison industrial complex.
In 2010, at the U.S. Social Forum,
committed activists joined together to discuss prison justice and
stated that "Because we share a vision of justice and solidarity against
confinement, control, and all forms of political repression, the prison
industrial complex must be abolished."
Following the forum, the rise of Formerly Incarcerated, Convicted
People's Movement helped to incorporate abolition into other movements
such as Occupy Wall Street, Black Lives Matter, and the Movement for Black Lives.
School-to-prison pipeline reform
A
competing explanation for the disproportionate arrest and incarceration
of people of color and persons with lower socioeconomic status is the school-to-prison pipeline, which generally proposes that practices in public schools (such as zero-tolerance policies, police in schools, and high-stakes testing) are direct causes of students dropping out of school and, subsequently, committing crimes which lead to their being arrested.
68% of state prisoners had not completed high school in 1997, including
70 percent of women state prisoners. Suspension, expulsion, and being
held back during middle school years are the largest predictors of
arrest for adolescent women.
The school-to-prison pipeline disproportionately affects young black
men with an overall incarceration risk that is six to eight times higher
than young whites. Black male high school dropouts experienced a 60%
risk of imprisonment as of 1999. There is a recent trend of authors describing the school-to-prison pipeline as feeding into the prison-industrial complex.
Since the shortcomings of zero-tolerance discipline have grown
very clear, there has been a widespread movement to support reform
across school districts and states.
Growing research that shows suspensions, especially for minor
infractions and misbehavior, are a flawed disciplinary response has
encouraged many districts to adopt new disciplinary alternatives. In 2015, mayor of New York City Bill de Blasio joined with the Department of Education
to address school discipline in a campaign to tweak the old policies.
Blasio also spearheaded a leadership team on school climate and
discipline to take recommendations and craft the foundations for more
substantive policy.
The team released recommendations that work towards reducing the racial
disparity in suspension and discussing the underlying root cause of
disciplinary infractions through restorative justice.