DADEVILLE, Ala. (AP) — A storm was looming when the inmate serving 20 years for armed robbery was assigned to transport fellow prisoners to their jobs at private manufacturers supplying goods to companies like Home Depot and Wayfair. It didn’t matter that Jake Jones once had escaped or that he had failed two drug and alcohol tests while in lockup — he was unsupervised and technically in charge.
By the time Jones was driving back to the work release center with six other incarcerated workers, it was pelting rain. Jones had a reputation for driving fast and some of his passengers said he was racing along the country road, jamming to music in his earbuds. Suddenly, the transport van hit a dip and swerved on the wet pavement, slamming into a tree.
Two men died after being thrown out of the van. And Jones, who was critically hurt and slumped over the blaring horn, had to be cut out of the vehicle. As the other men staggered into the storm to flag down help, they wondered: Why would the Alabama Department of Corrections place their lives in Jones’ hands?
“They knew he had a propensity to drink,” said Shawn Wasden, who survived the crash. “And they put him behind the wheel of a van anyway.”
No state has a longer, more profit-driven history of contracting prisoners out to private companies than Alabama. With a sprawling labor system that dates back more than 150 years — including the brutal convict leasing era that replaced slavery — it has constructed a template for the commercialization of mass incarceration.
Best Western, Bama Budweiser and Burger King are among the more than 500 businesses to lease incarcerated workers from one of the most violent, overcrowded and unruly prison systems in the U.S. in the past five years alone, The Associated Press found as part of a two-year investigation into prison labor. The cheap, reliable labor force has generated more than $250 million for the state since 2000 through money garnished from prisoners’ paychecks.
Most jobs are inside facilities, where the state’s inmates — who are disproportionately Black — can be sentenced to hard labor and forced to work for free doing everything from mopping floors to laundry. But more than 10,000 inmates have logged a combined 17 million work hours outside Alabama’s prison walls since 2018, for entities like city and county governments and businesses that range from major car-part manufacturers and meat-processing plants to distribution centers for major retailers like Walmart, the AP determined.
While those working at private companies can at least earn a little money, they face possible punishment if they refuse, from being denied family visits to being sent to higher-security prisons, which are so dangerous that the federal government filed a lawsuit four years ago that remains pending, calling the treatment of prisoners unconstitutional.
Though they make at least $7.25 an hour, the state siphons 40% off the top of all wages and also levies fees, including $5 a day for rides to their jobs and $15 a month for laundry.
Turning down work can jeopardize chances of early release in a state that last year granted parole to only 8% of eligible prisoners — an all-time low, and among the worst rates nationwide — though that number more than doubled this year after public outcry.
“It is a symptom of a completely, utterly broken system,” said Chris England, an Alabama lawmaker pushing for criminal justice reform.
Many prisoners work 40 hours a week outside their facilities and then get weekend passes, allowing them to go home without any supervision or electronic monitoring. So when prisoners are then told they’re too dangerous to be permanently released, England said, it looks like “another way to create a cheap labor force that is easily exploited and abused.”
Arthur Ptomey, who has worked at various private companies over the past six years, said he was denied parole in 2022 after losing his job at KFC, where he had complained about his low wages. A full-time cook, he was upset that even teenagers working the register were outearning him despite the fact that he had worked there for over a year.
Ptomey is one of 10 current and former prisoners who filed a class-action federal lawsuit last year against state officials, local governments and businesses like McDonald’s and Wendy’s franchises, contending they perpetuate a system of forced labor akin to a “modern-day form of slavery” that keeps the best workers from being released.
He currently works at Progressive Finishes, one of the state’s biggest contractors of prison labor, which says on its website that it has served as a third-party supplier to automotive companies including Honda, General Motors, Ford, Toyota, Nissan, Kia, Volvo, Chrysler and Hyundai.
“For a lot of these jobs, the attitude is the same … if you don’t meet our expectations, we’ll just call for somebody else,” Ptomey said while on a 48-hour home pass at his mother’s house. “I’m grateful to come out and work, but I ain’t come in here to be a slave.”
Kelly Betts of the corrections department defended the work programs, calling them crucial to the success of inmates preparing to leave prison. But she acknowledged that even those sentenced to life without the possibility of parole are eligible for so-called work release jobs.
That’s because in Alabama the department determines which prisoners are employed off site largely based on how well they’ve behaved behind bars, instead of what put them there. Those working among the civilian population include men and women with records for violent crimes like murder and assault. Many are serving 15 years or longer.
“Many choose work to being confined to a facility all day,” Betts said. “In many cases, it is a matter of quality of life. But ultimately, the inmate chooses and is not penalized for non-participation.”
Alabama’s lockups are chronically understaffed, and it’s not unusual for prisoners to work outside their facilities without any correctional oversight. And in some cases, there is no supervision of any kind, which has led to escapes, often referred to as “walkaways.”
Asked how prisoners are chosen to work without monitoring, Betts said, “Each inmate’s situation is unique, and each inmate is evaluated on his or her own record.”
Most companies did not respond to requests for comment, but the handful that did said they had no direct involvement with work release programs.
Home Depot said it would investigate its connection to outdoor furniture maker Wadley Holdings, where some men in the van crash were working. It said it prohibits suppliers from using prison labor and would take action if policy violations are found.
Best Western said it does not participate in personnel matters at its independently owned and operated hotels, and Hyundai said it knew some of its suppliers hired inmates for jobs but was not involved in the decision to do so. Honda said it was not aware of any business relationship with Progressive Finishes, which is common with companies and third-party suppliers.
As part of its investigation, the AP analyzed 24 years of Alabama corrections department monthly statistical reports to calculate the amount of money generated via contracts with private companies and deductions taken out of prisoners’ paychecks.
Reporters also parsed information from more than 83,000 pages of data obtained through a public records request, including the names of inmates involved in Alabama’s work programs. In addition to working for public entities — everywhere from landfills to the governor’s mansion — they were leased out to at least 500 private businesses between 2018 and mid-March 2024. That information was cross-referenced with an online state database, detailing the crimes that landed people in prison, their sentences, time served, race and good-time credits earned and revoked. The AP analysis faced limitations because some workplace entries were insufficiently defined.
Few prisoner advocates believe outside jobs should be abolished. In Alabama, for instance, those shifts can offer a reprieve from the excessive violence inside the state’s institutions. Last year, and in the first six months of 2024, an Alabama inmate died behind bars nearly every day, a rate five times the national average.
But advocates say incarcerated workers should be paid fair wages, given the choice to work without threat of punishment, and granted the same workplace rights and protections guaranteed to other Americans.
Prisoners nationwide cannot organize, protest or strike for better conditions. They also aren’t typically classified as employees, whether they’re working inside correctional facilities or for outside businesses through prison contracts or work release programs. And unless they are able to prove “willful negligence,” it is almost impossible to successfully sue when incarcerated workers are hurt or killed.
Though the Alabama corrections department said it could not provide information about the number of prisoners who died while on outside jobs, the AP tracked down family members of prisoners who lost their lives. One man was killed after being sucked into a machine at a plant operated by massive poultry processor Koch Foods and others died after being struck by vehicles while picking up trash or doing road maintenance on the side of busy highways.
The day of the van accident, Jake Jones had finished his shift at a nearby Quality Inn, where his boss and co-workers told the AP that nothing seemed amiss. He headed to the Alexander City work center, where he was a go-to driver, and grabbed the keys to the white Ford Econoline so he could shuttle his fellow prisoners to their jobs. He had about four hours of driving ahead of him, zipping between a string of companies up to 40 minutes apart.
Tyrone Heard, one of the passengers dropped off before the crash, said Jones had been drinking and that he believed staff knew it. Before heading out, he said he ...
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