The Future of Prison Work: Private Employment Behind Bars

Authors

Nila Bala
Former Associate Director, Criminal Justice & Civil Liberties; Resident Senior Fellow
Emily Mooney
Former Resident Fellow & Manager, Criminal Justice & Civil Liberties

Key Points

A continuous employment program would ease reentry by providing those in prison with some stability upon release, as well as help individuals gain marketable skills and save funds to be used upon release. Hiring individuals in prison can also be a good business strategy as research shows individuals exiting prison are productive, hard workers–and if employed upon release, our community benefits from improved public safety and a stronger economy.

Current barriers to a continuous employment program include the stigma associated with a criminal record, employers’ fear of risk and lawsuit, the occupational licensing regime, and the fact that individuals are often imprisoned far from their community, making continuous employment upon release difficult.

States can promote continuous employment by expanding access to private employment in prison, encouraging proximate placement of individuals to their communities, removing unnecessary licensing hurdles, and making continuous employment an attractive option for employers through use of certificates of relief or limits on negligent hiring liability.


Press Release

R Street Policy Study No. 171: The Future of Prison Work: Private Employment Behind Bars

Introduction

For many of America’s prisoners, life after prison can mean perpetual unemployment, as approximately 600,000 return home each year—many without job prospects. In fact, a study published in 2018 found that almost half of formerly incarcerated individuals reported no earnings within the first three years after release. For those who were able to secure work, earnings were dismal: the median individual earned only $10,090 in the first full calendar year after release. Such data clearly demonstrates that there is a disconnect between the work offered in prisons and meaningful, sustaining employment outside their walls.

This is particularly stark, as the public safety effect of unemployment for the formerly incarcerated is profound. Faced with a life of low wages, high rates of unemployment and the inability to support themselves or their families, about two-thirds of individuals released from prison will be rearrested within three years. By contrast, studies suggest quality employment is an important determinant in decreasing recidivism rates. And most importantly, high quality employment also helps to secure human dignity and keep families together.

Currently, prison work too often consists of non-transferable skills that are of little use upon reentry. In light of this, it is time to reimagine what prison work can and should consist of, and the role that private employers can play during the period of incarceration and after a person’s release. Ideally, prison employment could be transformed to mean that individuals are paid prevailing wages, and that they form a strong relationship with a private employer and have an opportunity to continue with that employer after their term of incarceration. This “continuous employment” model is designed such that continuous in-prison to post-release employment with the same employer is not only possible but probable. However, it also is flexible enough to acknowledge that sometimes individuals may need to move away from their current employer or may acquire even better opportunities outside of prison.

By definition, reentry is a major life upheaval; almost every element of an individual’s life changes and barriers automatically exist even to the most basic goals such as housing and family reunification. If employees could work both in and out of prison with the same employers, however, multiple benefits would result. For example, an existing relationship with an employer could ease the transition by improving job prospects, which can also help boost the local economy and community. To this end, the present study reviews current practices and proposes a new vision of employment behind bars that can lead to real work opportunities in the private sector that continue upon release. It also discusses barriers and obstacles to such programs and finally concludes with an agenda to better promote continuous employment opportunities.

Read the full study here.

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