Today this legal exception continues to provide forced labor at little to no pay, and is lining the pockets of the those who exploit and profit from the mass incarceration of our nation.

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More than 150 years later, people are forced to work under the threat of further punishment, such as loss of family visits or phone calls, solitary confinement, and lengthened sentences due to the removal of "good time".

 

Incarcerated worker wages in the state of Virginia range from $0.27 to $0.45 per hour (for non-industry labor) and $0.55 to $0.80 per hour (for working in state-owned correctional industries).

 

This pay rate has been the same for DECADES. In 7 other states, they are paid literally nothing for their work. 

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Prisons deduct as much as 80 percent from incarcerated people’s paychecks for court-imposed fines, taxes, family support, restitution, and room and board, among other fees.

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Meanwhile, goods that most would consider necessities — deodorant, shampoo, shoes, thermal clothes for winter — are often only available to people who can afford them, and at rates much higher than average market value.

 

But earning enough to afford these necessities from a prison job is nearly impossible: The average prison wage maxes out at 52 cents per hour, according to a new ACLU analysis, and many people make pennies per hour. That means that basics, like a $3 tube of toothpaste, can take days of work to afford.

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Dangerous and Degrading Conditions

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Not only is prison labor often compulsory, arbitrary, and discriminatory, it can be dangerous and degrading—and sometimes deadly—as well. Incarcerated people can be made to work in hazardous conditions which would be closely regulated by federal workplace health and safety regulations if the work were performed outside of the prison context. But because of their status as "criminals," they are stripped of even the most basic human rights, such as safe working conditions, with no system of outside regulation, and no system of outside redress to appeal to. Prison laborers work in these conditions, often without proper safety equipment or protective gear, and may be offered little to no training.

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Additionally, this forced labor is often advertised under the guise of "work-force training," "job education programs," and "re-entry support" but offers few, if any, marketable skills or training that could be useful in obtaining gainful employment upon release.

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Following the money

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The pursuit of profit is inextricably intertwined with America’s system of carceral labor and criminal punishment. Along with the institution of slavery, the harnessing of involuntary carceral labor yielded enormous proceeds through transformation of human toil into financial gain. Profit incentives have exerted a profound influence on the shape of American carceral labor. From 16th century British convict transportation to 21st-century private corrections companies, profitable returns from involuntary carceral servitude have been an important feature of criminal punishment. Read more here. ​​​​​​​​​​​​​​​​

 

The Evolution of Carceral Labor

The evolution of carceral labor in the United States reflects a continuous adaptation to economic demands and societal changes. During the post-Civil War era, the convict lease system emerged, allowing private businesses to lease prisoners for labor. This system was notorious for its brutal conditions and exploitation, effectively perpetuating a form of slavery under a different guise. The profits generated from convict leasing were substantial, benefiting both the state and private enterprises.

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Modern-Day Exploitation

In contemporary times, the privatization of prisons has further entrenched the profit motive within the carceral system. Private corrections companies, such as CoreCivic and GEO Group, operate facilities where incarcerated individuals are often required to work for meager wages. These companies profit from government contracts and the labor of prisoners, creating a cycle where financial gain is prioritized over rehabilitation and justice. The exploitation of prison labor extends beyond the walls of correctional facilities, with incarcerated individuals producing goods and providing services for major corporations.

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The Human Cost

The human cost of this profit-driven system is immense. Incarcerated individuals are subjected to harsh working conditions, inadequate compensation, and limited opportunities for skill development. The emphasis on profit undermines efforts to rehabilitate and reintegrate prisoners into society, perpetuating cycles of poverty and recidivism. Moreover, the racial disparities within the carceral system mean that marginalized communities bear the brunt of this exploitation, further entrenching systemic inequalities.

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Racial Disparities​​

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After the Civil War, the 13th Amendment abolished slavery, but the exception clause was inserted as a compromise. Southern states, including Virginia, quickly took advantage of this by creating laws that disproportionately targeted Black Americans. Black Codes, vagrancy laws, and convict leasing systems were used to incarcerate formerly enslaved people for minor offenses and then lease them out to private companies or force them to work on public projects. This practice echoed the institution of slavery and perpetuated racial subjugation.

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In Virginia, convict leasing was widespread, and the labor of prisoners, often Black men, was exploited for profit by both the state and private industries. These practices laid the groundwork for the modern prison labor system, where racial disparities continue to reflect the legacies of slavery. This history and ongoing reality is crucial to understand, as it sheds light on the deeply rooted racial inequities embedded within the criminal justice system.

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Today, Black Virginians are disproportionately represented in the state's criminal justice system. According to a 2020 report by the Prison Policy Initiative, Black people make up 20% of Virginia's population but 53% of the state's prison population. This overrepresentation is partly due to policies like mandatory minimum sentencing, harsher penalties for drug-related offenses, and racial biases in policing and prosecution.

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The exception clause continues to allow incarcerated individuals in Virginia to be compelled to work, often for little or no pay. This system disproportionately affects Black individuals, who are more likely to be incarcerated due to systemic racial bias. The state's prison industries generate significant revenue, yet incarcerated workers are not given the same labor protections as those outside prison walls, such as the right to unionize or earn fair wages. This exploitation echoes the economic exploitation of enslaved people in Virginia's history.

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Racial disparities in Virginia's criminal justice system begin with policing. Studies show that Black individuals are more likely to be stopped, searched, and arrested by police than their white counterparts, even when controlling for crime rates. Once arrested, Black defendants in Virginia are more likely to receive harsher sentences, especially for drug-related and violent crimes. For example, data shows that Black individuals convicted of drug offenses are more likely to receive mandatory minimum sentences, which contribute to the over-incarceration of Black Virginians.

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The cumulative effects of these disparities mean that Black people are funneled into the prison system at higher rates, where they may be subjected to forced labor under the exception clause. This creates a feedback loop of racial injustice, where systemic biases lead to mass incarceration, which in turn reinforces racial and economic inequalities.