Louisiana Voice

A practice that has existed in Louisiana for more than 175 years has come to the attention of the U.S. Justice Department with the announcement that it has opened a statewide investigation into the state’s prisoner work release practices.

Originally known as CONVICT LEASING, the practice actually pre-dates the Civil War in Louisiana, but its popularity mushroomed following the loss of slave labor after the war as southern politicians saw it is as a thinly disguised successor to the real thing. It was no coincidence that the vast majority of “leased” convicts were African-American.

Private concerns profiteered off prisoners and they still do, even if in methods that are a little subtler. And the practice is sanctioned, encouraged even, by the political establishment.

And just to make sure the skids continued to be greased, lawmakers from the halls of Congress to state legislatures annually pile on more and more bills calling for stricter and stricter sentences for even non-violent offenders, thus ensuring the beds in those privately-run prisons and sheriff-run parish jails will stay full. This in turn guarantees that the payments from the feds and the state will keep rolling in and those prisoners can be farmed out to private companies.

In reality, it is a system that feeds on itself.

Convict leasing, simply defined, is a method of control and distribution of convict labor practiced mainly in the southern states, including Louisiana. Contractors would pay the state a bargain basement price to take control of a given number of prisoners. Some of these private concerns, desperate for labor, included planters and manufacturers. Some contractors used the convict labor in their businesses while others were nothing more than labor brokers, or middle men, who sublet the prisoners to other concerns.

Unlike other southern states, convict leasing in Louisiana continued almost non-stop from 1844 to 1901.

It wasn’t until 1892 that efforts began in earnest to abolish the practice. Gov. Murphy J. Foster (does that name sound familiar?) supported those opposed to the leasing practice. The Louisiana Constitution of 1898, passed during his administration, abolished both convict leasing and the Louisiana lottery, which had become a notorious source of corruption. The last lease for convict labor expired in 1901 and the state took over operations of what is now the Louisiana State Penitentiary at Angola.

The investigation by the Justice Department will examine the Louisiana Department of Public Safety and Corrections’ policies and practices for ensuring the timely release of state prisoners in the custody of the Louisiana Department of Corrections who are incarcerated in state and local correctional facilities, including practices related to prisoners who are eligible for immediate release.

The department has not reached any conclusions regarding the allegations in this matter. The investigation will be conducted under the Civil Rights of Institutionalized Persons Act (CRIPA). Under CRIPA, the Department has the authority to investigate violations of prisoners’ constitutional rights that result from a “pattern or practice of resistance to the full enjoyment of such rights.” The department has conducted CRIPA investigations of many correctional systems, and where violations have been found, the resulting settlement agreements have led to important reforms.

The Civil Rights Division’s Special Litigation Section is conducting this investigation jointly with the U.S. Attorney’s Offices for the Eastern, Middle, and Western Districts of Louisiana. Individuals with relevant information are encouraged to contact the department via phone at 1-833-492-0097 or by email at community.louisianadoc@usdoj.gov.

The background for the federal investigation is that a series of lawsuits brought by the Law Office of William Most, Casey Denson Law, Bizer & DeReus, the MacArthur Justice Center, and others have disclosed that thousands of inmates in Louisiana are held past their release dates each year, costing the state millions of dollars in housing costs alone. See Louisiana routinely jails people weeks, months, years after their release dates

Most said, “We welcome the involvement of the Department of Justice, and thank federal agents like AUSA David Sinkman for seeing this injustice for what it is. Louisiana’s government must end its illegal, unjust, and expensive practice of holding thousands of people for weeks or months past the end of their sentence.”

Maya Lau wrote an excellent STORY for The Shreveport Times about one work release inmate in the Caddo Parish Sheriff’s Department’s work release program prior to moving to the Baton Rouge Advocate. Lau, now with the Los Angeles Times, reported that the inmate was paid $7.75 an hour, barely more than minimum wage. Of that amount, the sheriff’s office claimed up to 62 percent right off the top. Multiply that by the number of total hours all prisoners in the program work in fiscal year 2011-12, the latest year data were available for Lau’s Jan. 7, 2015, story and you come up with a cool $500,000 added to the Caddo Sheriff’s Department’s general fund.

That was in addition to the $25 per day the sheriff’s office was paid for housing state inmates and $65 per day per prisoner paid by the Federal Bureau of Prisons for federal inmates, most of whom have committed no greater crime than being illegal aliens.

Moreover, there are those commissaries operated by the private prisons that reach deeper into inmates’ pockets. With literally a captive clientele, private prisons were able to charge $4 for a Honey Bun and $5 for a cold drink. That’s according to Baton Rouge Public Radio reporter Sue Lincoln, who did an outstanding series on THE PRICE OF JUSTICE  in 2017. It’s no wonder, then, that Correct Commissary, LLC, of Ruston approached the Lincoln Parish Police Jury several months ago about constructing a 50,000-square-foot commissary warehouse on the site of the former Ruston Municipal Airport. The company packages snack boxes that it sells to prison inmates, according to An April 2, 2017 article in the Ruston Daily Leader.

Correct Commissary is listed at the same address as LaSalle Corrections of Ruston, according to corporate records on file with the Louisiana Secretary of State.

LaSalle has experienced considerable legal problems, including lawsuits over wrongful deaths and injuries to inmates as well as having been singled out by regulatory agencies for taking shortcuts with training programs and falsifying records attesting that employees had completed training when in fact, they had not.

LaSalle also has come under fire for allegedly performing unwanted hysterectomies on federal detainees at its Georgia facility. It was recently announced that its contract to run a county jail in Texarkana, Texas, would be terminated in January.

After 11 weeks, the prisoner about whom Lau wrote, took home a grand total of $416, or about $37.82 per week.

And what about businesses who employ work release inmates?

Well, besides the low wages, there is the obvious benefit of not having to pay for medical insurance or contribute to retirement funds—or to pay each such employee two weeks’ vacation pay each year. One could make the case that using this cheap prison labor could be knocking non-inmates out of jobs.

But that’s not the only consideration. For every work release inmate employed, the state gives the employer a whopping $2,400 tax credit. That’s not a tax deduction, but a full-blown tax credit, meaning that amount is lopped right off the top of the company’s tax bill. So, a company like the Foster Farms chicken processing plant in Farmerville in Union Parish, which uses up to 200 inmates from work release, gets an instant reduction of up to $480,000 off its state tax bill.

A 2016 AUDIT by the Legislative Auditor’s Office revealed that there were 8,700 prisoners in work release programs across the state. That computes to nearly $21 million in tax credits—and that’s in addition to the $80 million or so the state pays private and parish prisons for housing inmates.

And while the Emancipation Proclamation of 1863 may have abolished plantation slavery, it may have unwittingly opened the door to another form of slavery that while flying below the radar, nevertheless remains legal more than a century-and-a-half later, enriching the modern slaveowner, aka private and parish prisons.

So, it is understandable in that context, perhaps, that Caddo Parish Sheriff Steve Prator was so furious at the new Louisiana sentencing and parole laws that went into effect on Nov. 1, 2017. The new law meant the release of about 1400 non-violent offenders. He will, he said at the time, lose some of his best CAR WASHING prisoners.