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"The
probability that we may fail in the struggle ought not deter us from the
support of a cause we believe to be just." |
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CORI LEGISLATION
EX-OFFENDER HOUSING DISCRIMINATION |
PRISON
INDUSTRIAL COMPLEX Politicians often claim that the justification for this increase, and consequently the growth in the number of prisons being built, is the fight against crime. This is evidenced by the consistency of legislation from Democrats and Republicans alike, in regard to public safety and hard-on-crime policies. Political and social climates focus on public safety and matters of crime and justice. While the goal of public safety is important, there is evidence that public feelings of fear and vulnerability are being reinforced by “tough on crime” stances. It is difficult for those who are not already involved in ex-offender re-entry to shift from a focus on public safety to the perspective of the ex-offender re-entering society after completing his or her prison sentence. It is however critical to consider how public safety interests are not served well by post-release policies that deprive ex-offenders of necessary access to re-entry support services. How do politics and economics drive prison construction and the investment of greater resources in prisons than in re-entry services? The construction of new prisons is a very profitable venture. The persons, corporations, and industries that benefit from those interests are in some ways also capitalizing on society’s fear of crime. During the 1980’s and 1990’s, approximately 1,000 new U.S. prisons and jails were built. The ugly underbelly of new prison construction is the fact that increased prisons ultimately produce increasing numbers of ex-offenders. Again, the interests that drive the production of new prisons seem to have very little interest in facilitating the process of prisoner re-entry for ex-offenders who have served their time.
History However, in January of 1973, the governor of New York declared that every drug dealer would be punished with a mandatory prison sentence of life without parole. Many politicians began to use fear of crime and public safety to propel themselves into office and labeled their opponents as being “soft on crime.” Almost a decade later, coinciding with the crack epidemic of the 1980’s, President Reagan launched the War on Drugs. This national campaign introduced harsh new drug laws that justified the criminalization of the poor and people of color. The prison industry flourished as a result. To read more about the links between the prison system and the economy, please click here.
Prisons are Big Business
Prisons not only help to enhance local economies, but they also increase the profits of big businesses. For example, phone companies capitalize on the fact that prisoners have no provider options and are often forced to make expensive collect calls from prison. A single prison pay phone can generate up to $15,000 a year. As prisons continue to move capital and create profit as they enter into health care, food-service, building maintenance and security contracts the spotlight is less on the prisoner and his or her ability to ‘reform’ and more on the services and jobs that go into maintaining his or her incarceration. Therefore, there is little to no attention paid to the process of re-integration. Prison administrations are generally not concerned with what happens to people after they are discharged. The ex-offender is not provided with support for a housing search prior to release, partly because state prisons have little contact with housing authorities, which mostly exist within urban communities while prisons are often located in more remote areas. Ex-offenders, then, must fend for themselves upon release, which means finding shelter, staying with family if possible, or re-offending and landing back in jail. Without support services, re-offending becomes a very viable possibility. It is estimated that in Massachusetts “42% of inmates discharged from prison on parole … return to prison or jail for either a violation of release conditions or for committing a new crime.” For the full text of Returning Inmates: Closing the Public Safety Gap, click here.
Privatization of Prisons Effects. Privatizing prisons also has a pernicious effect on individual prisoners, which likely has a negative impact on their re-entry into society after serving their sentences. Private-prison cells in southern and southwestern states operate under a “rent-a-cell” system. Private prisons employ “bed brokers” who take on prisoners coming from overcrowded, out-of-state prisons and facilitate the transfer of these prisoners to their own local sites. Those prisons then charge a daily rate for each inmate they house to the initial prison that housed the offender. This transfer of prisoners to and from out-of-state facilities is detrimental to the ability of prisoners to maintain contact with their families and other resources they may have in their resident state. Upon release, prisoners involved in this “trafficking” are transported back to their home state where local release protocol is followed. The prison industry has utilized the distance between inmates’ families and prisons' locations to create another money-making endeavor through organizing various forms of transportation. The distance not only has a detrimental effect on the prisoner’s support system, as it becomes nearly impossible for families to visit, but also the soon-to-be released offender has no connection with the parole board in his or her home state, further disconnecting him or her from social services. Re-entry and re-integration become challenges that the ex-offender must undertake on his or her own.
Response to Prisoner Re-entry
Re-entry efforts and challenges. Problems that the issues discussed here pose for prisoners themselves have been recently acknowledged at national and state levels. During fiscal year 2001, Congress appropriated $100 million to fund various partnerships to address prisoner re-entry; the Council of State Governments created a Re-entry Policy Council; and the American Bar Association established a Task Force on Collateral Sanction to assess the legal barriers ex-offenders face upon release. Legislators appear to be looking beyond the profit margin that undergirds the prison industrial complex and are recognizing the inevitable fact that the majority of incarcerated individuals will be released. Legislators must respond to their constituents’ desires for public safety. Doing so involves establishing stable housing, job-training programs, and other social services to assist an ex-offender’s re-entry.
The question of how people end up in prison and the mandatory-minimum sentencing laws remain controversial. Amidst the controversy, however, there appears to be a growing consensus among policy makers that issues of ex-offender re-entry must be addressed. This consensus is based on perceptions that, if prison expansion has been justified in the name of controlling and stemming crime, the work of preventing crime must also address the issue of ex-offender re-entry. The high rates of parole violations and recidivism have been linked to a lack of available re-entry services as well as an increase in legislative barriers that ex-offenders face upon release. In 1980, 17% of incoming state prisoners were parole violators while in 1999, 35% were violators returning to prison. There are many possible reasons for the increase in recidivism; yet, the focus on prisons as profit-driven entities, the dearth of pre-release programs, and the lack of resources and services for ex-offenders can support the conclusion that stability (i.e., housing, employment, support) is necessary for an ex-offender to have a better chance at successful re-entry.
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| To view the entire Northeastern University School of Law Community Lawyering Program report on Ex-Offender Housing Discrimination including footnotes, click here. | ||||||