The Honorable Howard Coble
Chair, Judiciary Committee
Crime, Terrorism, and Homeland Security Subcommittee
House of Representatives
Washington, DC 20515
The Honorable Robert C. Scott
Ranking Member, Judiciary Committee
Crime, Terrorism, and Homeland Security Subcommittee
House of Representatives
Washington, DC 20515
RE: H.R. 2965 the Federal Prison Industries Competition In Contracting Act of 2005
Dear Representatives Coble and Scott:
On behalf of the American Civil Liberties Union (ACLU), we write to express our concerns about H.R.2965, which would eliminate thousands of jobs for prisoners who are far too often left idle and disconnected from structured programming while incarcerated. The bill would do that by effectively precluding Federal Prison Industries (FPI) from obtaining government contracts that provide employment for thousands of prisoners.
Over 175,000 men and women comprise the Federal Bureau of Prisons' (FBP) incarcerated population. Twenty-two (22%) percent of these prisoners participate in FPI, which makes it the largest prison rehabilitation program in the federal prison system. Many inmates leave the prison system every year with no money, limited job prospects and little hope for successfully navigating the difficult reentry process. These idle prisoners would lose an important chance to develop work ethic, reentry readiness and transferable job skills in preparation for legitimate employment post-release. Employment opportunities that allow prisoners to earn money and save for their future promote self-confidence, provide critical job experience and prepare prisoners for reentry in to their communities. H.R.2965 ignores the benefits of productive work for prisoners. Although the bill has an exception that would allow FPI to be awarded contracts under certain circumstances, overall it will result in a decline in the prison workforce. While it authorizes alternative rehabilitative programs for federal prisoners, funding for these programs is unlikely to materialize during the appropriations process.
We share concerns about the operation of FPI and understand the need for reforms to be implemented, but this legislation's damaging provisions that restrict prison industry options are counter-productive. Under H.R.2965, work opportunities will be lost for federal prisoners despite the fact that these positions are exactly the type of jobs a person leaving prison might find in his or her local community. Former offenders' ability to gain employment is one of two factors associated with a substantial decrease in recidivism. The Federal Bureau of Prisons released a study in 1991 analyzing the post release employment opportunities for federal prisoners. The Post Release Employment Project included more than 7,000 participants who were evaluated over a two-year period. The study concluded that those offenders who received training and work experience while in prison had fewer conduct problems and were less likely to be arrested the first year after release.[1]
President Bush has recognized the necessity of assisting ex-offenders reentering society by proposing $75 million dollars in the 2006 budget for a new prisoner reentry initiative. Congress will create additional obstacles for former prisoners seeking work if this legislation is allowed to pass.
The ACLU advocates expanding prison industry programs that allow workers to operate in the competitive marketplace and create opportunities for prisoners in the private sector without displacing workers who are not imprisoned or competing unfairly with businesses. Currently, many states and some localities, through Federal Prison Industry Enhancement Certification (PIE), successfully offer such opportunities. Altering the current FPI program to include participation in PIE is an important reform for Congress to consider. Unfortunately, instead of expanding PIE, H.R.2965 would gut FPI, and throw thousands of prisoners out of their jobs.
The ACLU urges you to reconsider this legislation and we look forward to working with you to improve rehabilitation opportunities for prisoners.
Sincerely,
Greg Nojeim
Acting Director
Jesselyn McCurdy
Legislative Counsel
cc: House Judiciary Committee
Footnotes
[1] Saylor, William G. and Gerald G. Gaes, ""The Post- Release Employment Project,"" Federal Prisons Journal, vol. 2, no. 4, Winter 1992, p. 33-36