Prison slavery makes millions for states like Maryland. What will it take to achieve change?

Across Maryland’s prison system, incarcerated workers assemble furniture, sew clothing, and even manufacture cleaning chemicals. In spite of making the state more than $50 million annually in revenue, these workers are compensated below the minimum wage in a system akin to slavery. But how does the system of forced prison labor really work, and how do state laws keep  this industry running? Rattling the Bars investigates how Maryland law requires government institutions to purchase prison-made products, and how legislators like State Senator Antonio Hayes are working to change that.

Producer: Cameron Granadino

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Transcript

The following is a rushed transcript and may contain errors. A proofread version will be made available as soon as possible.

Mansa Musa:

Welcome to Rattling The Bars. Recently, I had the opportunity to speak to State Senator Antonio Hayes from the 40th district of Baltimore City about a bill he sponsored around prison labor in Maryland. The bill was designed to regulate Maryland Correctional Enterprise, which is the prison industry in Maryland, around their preferential treatment they receive for contracts, be it furniture, tags, clothing, or any chemicals that’s used for cleaning. The purpose of the bill was to regulate how much money they were getting from free prison labor.

Antonio Hayes:

They bring in anywhere in a high $50 million a year in business that they’re generating. So they perform everything from furniture making to license plates, to, in some cases, even on the Eastern shore, they have inmates working on poultry farms and agriculture. So the variety of services that they offered have expanded dramatically since its inception.

So here’s the thing, it’s not just state universities. All state universities are using it. The General Assembly is using it. The Maryland Department of Labor is using it. The Maryland Department of Education is using it. Maryland State Police is using it. Maryland DHS is using it. If you are a state agency, you are required by state procurement law to purchase from MCE as long as they have the product. So that’s why they’re able to bring in that type of revenue. Like I said, if you look at their annual reports, it’s somewhere around $58 million a year.

Mansa Musa:

Later, you will hear a conversation I had with former prisoner Lonnell Sligh, who was sentenced in Maryland, but was sent out of state to Kansas. And while in Kansas, he worked in prison industry. I was surprised to hear how Kansas is treating this prison labor force versus how prisoners are being treated throughout the United States of America. But first, you’ll hear this conversation with Senator Antonio Hayes.

I want you to talk a little bit about why you felt the need to get in this particular space, because this is not a space that people get in. You hear stuff about prison, okay, the conditions in prison, the medical in prison, the lack of food, parole, probation. But very rarely do you hear someone say, “Well, let me look at the industry or the job that’s being provided to prisoners.” Why’d you look at this particular direction?

Antonio Hayes:

Yeah. So interesting enough, I’ve been supporting a gentleman back home in Baltimore that has an organization called Emage, E-M-A-G-E, Entrepreneurs Making And Growing Enterprises. So the brother had reached out to me and said, “Hey, I’m manufacturing clothing, but I hear the correctional system is teaching brothers and sisters behind the wall these skills. I’d like to connect with them. So when brothers and sisters return into the community, I’d like to hire them.” Muslim brother, real good, very active member of the community. So I said, “Excellent. Let me reach out to Corrections.”

So I found the organization, MCE-

Mansa Musa:

Yeah. Maryland Correctional Enterprises.

Antonio Hayes:

Maryland Correctional Enterprises. And I asked them to come out and do a site visit with me so we could build a pipeline of individuals returning back to West Baltimore, Baltimore City period, especially if they’re already learning these skills so they could get jobs. And I’ll never forget the CEO at the time responding to me, pretty much saying, “Look, we’re in the middle of a pandemic. How dare you invite us to come into the community?” So I was taken aback by the thought that they would clap back in such a way. But if you look at my legislative agenda, it’s really focused around economics. A lot of the things that I push is around economics.

When my mom showed me how to shoot dice in West Baltimore-

Mansa Musa:

Right, right.

Antonio Hayes:

… one of the things she used to always say, “If it don’t make dollars, it don’t make sense.”

Mansa Musa:

That’s right.

Antonio Hayes:

So when I looked at this, like why MCE existed and the fact that they had a procurement law in the state, a preferred provider status, there’s three organizations that have a preferred provider status. It’s America Works, who hire individuals that have disabilities to have employment. Because if they didn’t do it, these individuals would probably be getting state resources from some other pot. But it takes people who have disabilities, so people who are somehow impaired. There’s another organization called Blind Industries.

Mansa Musa:

Right.

Antonio Hayes:

They supply janitorial products to the state of Maryland, and these people are blind or visually impaired. And then you had MCE, which were people who were incarcerated for whatever reason. And it didn’t seem to really fit with the other two that were serving populations of individuals with disabilities. So then I began to research even more the existence and how much money they were generating. And I found out, here in the state of Maryland, they were generating revenue of upwards of fifty-something million dollars a year. Whereas, the individuals who are incarcerated, the individuals that were doing the work, were getting paid no more than a $1.16 a day. So that alarmed me, one, the fact that they had a monopoly, because they were eliminating opportunities for other individuals to participate in the economy. Right?

Mansa Musa:

Right.

Antonio Hayes:

So they had a monopoly over. And then two, they had an unfair advantage, because they were essentially paying wages that were subordinate to any other wage anyone could afford. So their overhead was so much cheaper, because they were taking advantage of the status of people who are incarcerated and paying them far less than anyone else could even think of competing against.

Mansa Musa:

And you know, it’s ironic, because as we’re sitting there, we’re talking, and we’re at this table, these chairs, all this furniture was made at Maryland Correctional Enterprise. But on back, I worked in the cash shop at Maryland Correctional Enterprise. And prior to becoming Maryland Correctional Enterprise, it was State Use-

Antonio Hayes:

State Use Industries, correct.

Mansa Musa:

… which is my next lead to my next question. So this particular, going back to your point, it’s three people, or it’s three organizations, three industries that get preferential treatment, but they created… In your research, did you find out that they created this entity solely to be able to get that preferential treatment procurement, or was it a bid more on who is going to get the third slot? Because the first two slots, I can understand, they [inaudible 00:07:45] the Maryland Penitentiary. Some guys had brought in. And they were networking with the Library of Congress to try to bring all the books in the Library of Congress into Braille. And they were getting minimum wage, and they were paying it to the social security. All that was being done in that entity.

But from your research, was this particular… Maryland Correctional Enterprise, was this created as an institution by the private sector for the sole reason to have access to the label?

Antonio Hayes:

Right. So what I found was, actually, the federal government at some point had made it against the law to transfer prison-made goods across state lines. So in order for the industry to… So also, there’s some tie to this. This has really evolved as a result of the abolition of the 13th Amendment.

Mansa Musa:

Right, right.

Antonio Hayes:

So when you had the abolition of slavery, and individuals… They lost a workforce that they would’ve had.

Mansa Musa:

That’s right.

Antonio Hayes:

So there was a need to supplement that workforce, and the way they did that was through the, what is it called? The loophole in the constitution-

Mansa Musa:

The constitution, right.

Antonio Hayes:

… that said that slavery was illegal except for those who were being incarcerated-

Mansa Musa:

Convicted of a crime, right.

Antonio Hayes:

… due to convicted of a crime. But in Maryland and another state, I think they needed a way to create an artificial audience, because they didn’t necessarily have an audience to make the purchases in order to make it sustainable. So what they did was they put this preferred provider label on it through the state procurement so they could create an audience and customer base to support the work that they were doing.

Mansa Musa:

Okay. And now I can see. I can see it now, because, like you say, it’s all about exploitation of labor on the 13th amendment, giving them the right to use convicted convicts. So they saw that loophole, they saw the opportunity.

Antonio Hayes:

Yes.

Mansa Musa:

This is continuing black hole. They saw the opportunity. Okay. As we wrap up on this particular segment of this thing, you spoke on the economics, that’s your focus. And we know that, coming out of prison, a person having job, the likelihood of coming back to prison is slim to none. Because if you got an income… This is just my philosophy, and I’m a returning citizen, I came out of prison. Once I got an income, it allowed me to be able to get my own place. It allowed me to be able to create a savings. It allowed me to get my credit score.

In terms of, from your perspective, what would it look like if, and this is something that you might want to look at from your office level, as opposed to the opposition of them having that right, wouldn’t it be more feasible if they gave minimum wage? If the advocacy from policy would be, “Okay, you get this preferential treatment, but in order to get it, you have to provide minimum wage and you got to let them pay into their social security.” Is that something that you could see happening?

Antonio Hayes:

I think something that shows that isn’t as unbalanced as the current system is, is definitely where we want to be. Remember, a lot of the stuff that I do is around economics. I would’ve never looked at the criminal justice system or this system as something that I would want to focus on. I just wanted to make sure that individuals that were returning back to the communities that I grew up in, West Baltimore, had an opportunity to be successful. And this current system, the way it’s structured, it doesn’t give individuals an opportunity to transition back into the community, to have a greater chance of success. It’s literally setting them up for failure.

And my last visit to Jessa, I met three individuals, if you combine their sentences together, they had a hundred years. Some of them were life, some of them were never coming back to the community, ever. And I know to some degree, you need something for these individuals to do. But what I’m told anecdotally is the people that most likely will have these opportunities are people who have very long sentences. Because from a labor perspective, going back to the whole 13th Amendment thing, it’s more predictable that they will be around for a long time, as opposed to just the opposite, using this as a training opportunity. So when they reintegrate back into society, they will have a better chance of being successful and a productive member of society.

I think this current system, the way it’s working, even if you look at the suppliers, where are they getting the equipment from? We’re subsidizing MCE, and the supplies we’re getting from, from somewhere out of state. Right?

Mansa Musa:

Yeah.

Antonio Hayes:

We’re not even doing business. This wood is being procured from some out of state company. We’re not supporting Maryland jobs. So I think we need to just reevaluate and deconstruct piece by piece, how could we better get a better return on its investment, not just for the state, but also for the individuals who are producing these products that we enjoy?

Mansa Musa:

That was Senator Antonio Hayes, who, as you could see, sponsored a bill to try to get the labor force, prison labor force in Maryland regulated. We’ll keep you updated on the developments of that bill.

Now, my conversation with Lonnell Sligh. Lonnell Sligh told me about his experience in working with the prison industry in Kansas. He told me that the average prisoner in Kansas has saved up to $75,000 while working in prison industry. That it doesn’t matter how much time you’re serving, if you have a life sentence or not, most of the prisoners that’s working in the industry have long term. But because of them being able to work in the prison industry, they’re able to save money, to assist their families, pay taxes, buying to social security, and more importantly, live with some kind of dignity while they’re incarcerated.

Lonnell Sligh:

The blessing of me going to Kansas, I saw the other side of that slave industry that we called and we thought about for so many years. Now, going to Kansas, I saw an opportunity where they afforded guys to work a minimum wage job. And in that, guys were making living wages. I met guys that had 60, 70 or a hundred thousand dollars in their account.

Mansa Musa:

From working in the prison industry?

Lonnell Sligh:

From working in the prison industry. So when I saw that, that kind of changed my mindset. Because at first, I thought it was a joke. Because they asked me say, “Hey, Mr. Sligh, you want to work in the minimum wage shop? Because you’re doing a lot of good things.” And I said, “Man, get out of here.”

So going back to what I was saying, when I found out that it was true and I was afforded to get a job there, it changed my whole outlook on it. Because now, my wheels started turning on, how can we make this better?

Mansa Musa:

Right.

Lonnell Sligh:

You know what I mean? How can we change the narrative?

Mansa Musa:

Right. Okay. In every regard, okay, how did you change the narrative? Because, okay, now, reality being reality, Kansas might be an anomaly, and by that, I mean that might be in and of itself something that they doing. But overall, when you look at the prison industry throughout the United States of America, and it’s massive, they don’t have that narrative. So what would you say? How would you address that? What would you say about the Kansas model and the need to adapt it to other states’ prison industries?

Lonnell Sligh:

Well, you know firsthand that when I first came back to Maryland, my whole mindset was bringing some of the things from Kansas back to Maryland and taking some of the things that was progressive and good for Kansas back to Kansas. Now, the prison industry, we are in process now trying to bring that to Maryland. And one of the things that I’m advocating for, and I’m sure, because in the process when I got the job and I saw how we can, it’s an opportunity to make some changes and make it better for the people that’s inside, I crafted a set of guidelines and things that I presented to the administration.

So one of the things was allowing people with long-term sentences to be afforded that opportunity. So when they gave it to me, and I showed them through example that… Because I was never supposed to get out of prison.

Mansa Musa:

Right, right.

Lonnell Sligh:

So I was never supposed to have that job. But the blessing in that, I showed them two sides of promise, and that was that now the companies that were coming in there had a long-term person that can be there that they can depend on, because they had a high turnover rate.

Then secondly, I crafted a thing as far as giving dudes the opportunity to learn financial literacy, things of that nature. Because one of the things that I know for sure, a lot of guys that’s getting those jobs, that was getting those jobs were leaving out of the prison with a lot of money, but they were just as ignorant as when they came in.

Mansa Musa:

Right.

Lonnell Sligh:

So if you got a hundred thousand dollars in your account and you don’t know how to pay bills or you don’t know any financial literacy, the first thing you’re going to do is go out and buy a Cadillac, a bunch of flashy clothes.

Mansa Musa:

Yeah, yeah.

Lonnell Sligh:

So you’re going to end up broke or back in prison. So that’s one of the things that we are working to craft, bringing this to Maryland, having it upfront, having a criteria, a curriculum that’s designated the design for success. And one of the things that, like I said, in Kansas, the politicians, the prison industry, the corporate industry, if y’all want to help with this cause, you say you want to give people a second chance, what better way than bringing in private industry jobs, but making it something for the better, not as a slave camp?

Mansa Musa:

In terms of, how did you come out? And were you able to come out, after being in the industry, to be able to feel some sense of security financially? Or were you in need of getting support from family members to make sure that you had what you needed? Or were you able to save some money, bottom line?

Lonnell Sligh:

Absolutely.

Mansa Musa:

Not going into how much.

Lonnell Sligh:

Yeah.

Mansa Musa:

But what did your savings allow you to do in terms of adjust, readjust back into society? That’s really what it’s all about. If you’re coming out and you can’t adjust in society with the money that you made out of the industry, if you don’t have no sense of security with the money that you’re making out of industry, then likely your chances of survival is slim to nothing.

Lonnell Sligh:

Yeah. But I’m going to take it back even before, because remember, I was never supposed to get out of prison.

Mansa Musa:

Right.

Lonnell Sligh:

So having that job really took a burden off of my family.

Mansa Musa:

Okay.

Lonnell Sligh:

And it took a burden off of me, because now I didn’t have to reach out and ask for money, somebody to send me money to make commissary. So my whole strategy when I first got the job, because remember, I wasn’t ever thinking about getting out of prison, so my thing was helping my family, saving as much money as I can, building a bank account, like some of them guys that I knew had 60, 70, a hundred thousand dollars in their account.

So then I transitioned over to finding out that now I may have an opportunity to get out of prison. So that really changed the whole narrative and outlook that I had, because now I got in my mind that if I’m able to get out, not only can I afford to pay for a lawyer to help this cause, but now when I get out, I don’t have to come out in a desperate situation not knowing where I’m going to live at, not knowing if I can put a roof over my head or get a car.

Mansa Musa:

Right. Right, right. So then in that regard, the model that Kansas had in terms of giving the minimum wage, allowing you to pay into your social security, and allowing you to save, in that model, it allowed for you to transition back in society. But more importantly, while you were incarcerated, it allowed for you to be able to feel a sense of self-sufficiency in terms of taking care of your family, or providing for your children, not having to rely on them to put money on your phone or put money in your books. So that Kansas model is really a model that you think that… Well, then let’s just ask this, why do you think that other states haven’t adapted this model?

Lonnell Sligh:

Because one of the things we know is that it’s an old mindset. It’s an old way of thinking, that’s not progressive. And it’s not beneficial for a lot of states to transition or to try to do something better. They don’t want to help us. They don’t want to help the incarcerated person or the person that’s serving their times, even though they say their Division of Corrections. And they need to change that name from the Division of Corrections, because they’re not helping correct anything.

Mansa Musa:

Right, right, right.

Lonnell Sligh:

But Kansas most definitely afforded the opportunity for… But their mindset when this first started was in the seventies, so they were about making a dollar themselves.

Mansa Musa:

Right, right, right, right.

Lonnell Sligh:

So it evolved, and just like I said, it was still a hundred years behind the timing, by me being afforded to get in that space, it was a blessing because I was able to help bring a different light to it. But other states, just like I say, it’s about their bottom line and their control and old way of thinking. But my thing is, and what I’m advocating for is, is that you have to think outside the box. Because if you don’t think outside the box, then you’re going to get the same results, the same thing.

Mansa Musa:

Well, how do you address this part of the conversation? That long-term imprisonment people, that most people in those situations, those jobs after you spoke on this and have long-term, and so therefore, the benefits for them is not in comparison to the benefits of people that got short-term that can get the skill and get the money and come out. How do you… Can you have it both ways, or either/or?

Lonnell Sligh:

I think, for me, you can have it both ways. But one of the things that we mess up so much on in our way of thinking in society and in the department, we’re stuck on a certain way of thinking. So my thing is that, if you want to breed a successful person, no matter what kind of time you have… That’s my focus and my mindset, because I took a stance knowing I was never getting out of prison, but I took a stance that I was going to better myself and I was going to walk every day and do the things that I needed to make myself successful and act like I was getting out of prison tomorrow, even though I knew I was never getting out of prison. So for me, it was about me better than myself.

So having a minimum wage job or allowing a person to have a job that they can create wages, it makes a better person. It gives you a better product, whether you’re getting out or not. But you have to instill those things in people so that they can understand that it’s a different way. If not, you’re going to think that old way of thinking. Nothing is going to change.

Mansa Musa:

There you have it. Two conversations about prison labor. The prison industry. I worked in MCE. I earned 90 cents a day, a dollar and something with bonuses, approximately $2.10. The bonuses came from how much labor we produced.

On the other hand, you had the conversation I had with Lonnell about Kansas. In Maryland, I didn’t pay taxes, I wasn’t allowed to pay into the social security. I didn’t pay medical, and I didn’t pay rent. In Kansas, a person is allowed to pay into social security. That means when he get released, he had his quarters to retire. Pay the medical. That means, if he is released, he’ll be able to afford medical. Pay taxes. That means that he’s also making a contribution to society in that form. But more importantly, they’re allowed to save money. And in saving money, they will become less of a burden on the state upon their release.

What would you prefer? A person that earns slave wages and don’t pay back into society, or a system where the person is paying into society in the form of taxes, social security, medical, and also becoming economically sufficient upon their release? Tell me what you think.

Speaker 4:

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This content originally appeared on The Real News Network and was authored by Mansa Musa.