Unemployment, Recidivism, and Prison Reform
Prison reform is a broad issue that has been gaining national and international attention in the last decade. While many have argued for a federal overhaul of the entire system, there are certainly individual problems that can be addressed at each level of government. One concern that policymakers need to examine is the high unemployment rate of former prisoners. Not only is the unemployment rate among former prisoners dramatically higher than the national average, it coincides with trends in unemployment for minorities and women, indicating that discrimination is also an issue when it comes to finding employment post-incarceration. Employment in essential in the formation of individual identity, the protection of intrinsic human dignity, and the provision of an adequate standard of living. However, unemployment is particularly concerning in the post-prison population, as it contributes to recidivism and the cycle of release and reentry.1
According to an analysis conducted by the Prison Policy Initiative, the average unemployment rate for former convicts was over 27% in 2008,2 compared to 5.8% for the general public. At the time, a 5.8% unemployment rate was considered unacceptably high. Therefore, it is interesting that more Americans were not outraged that the unemployment rate for former prisoners was nearly five times that of the general population. Additionally, the unemployment rates for women and minorities who had served time in prison were significantly higher than that of white men.3 For example, African American women are less likely than white women, white men, and black men to find employment.
Unemployment is detrimental to former prisoners. Due to systematic discrimination and injustice, people actively seeking employment are unable to obtain a job. Thus, they are unable to reintegrate into society and support themselves or their families, making them more likely to reoffend and making it more difficult to remove themselves from high-crime situations. High unemployment diminishes the quality of life for those who have served their time, and arguably constitutes cruel and unusual punishment. Even a short stay in prison for a minor offense can effectively mean a life-time sentence. It also reinforces classism and keeps people trapped in poverty. This is especially harmful to minorities, as it perpetuates discrimination and oppression. Additionally, while the general public does not seem as concerned with the unemployment rates of released prisoners, the cycle of reentry is also harmful to society at large. Failing to address the underlying cause of crime or prevent reoffence makes society less safe. The large number of people continuously incarcerated is a strain on the federal budget and the individual tax-payer. Similarly, the loss in potential human capital and entrepreneurial ability is harmful to the economy.9
There are many reasons for the unjust practices that characterize the US prison system as a whole, just as there are many factors leading to high unemployment specifically. The issue begins with strict sentencing and inattention to mental health and addiction. Once in prison, job training and education classes are neglected. Additionally, the stigma associated with former prisoners contributes significantly to their high unemployment rate. Unfortunately, the justice system today focuses more on punishment than rehabilitation. This focus contributes to the distrust that the general public has of former convicts, and leaves the underlying causes of crime unaddressed. Many employers are hesitant to hire people with a record, even though there is research to show that of two employees with similar qualifications, the former convict is actually likely to be more reliable.1 Finally, private, for-profit prisons benefit from reentry and have strong monetary and political influence.
In addition to the many causes of the unemployment rate, the large number of stakeholders also contributes to inaction toward solving the problem. Prisoners, the American public, for-profit prisons, politicians, advocacy groups, employers, and the law enforcement community each have different policy preferences. Sadly, the stakeholders who are most affected by this issue have the least decision making power. Prisoners are unable to enjoy an adequate standard of living, are isolated from society, and are trapped in the cycle of incarceration, yet the entire essence of unemployment is that job-seekers lack the capacity to change their fate. Similarly, minorities and women are disproportionately affected by employment discrimination, yet they have arguably less decision making power.
Contrastingly, for-profit prisons have strong decision making power in terms of the programs that take place within prisons, and in terms of lobbying power and influence on the system at large. For-profit prisons benefit from recidivism, and therefore from the unemployment of released prisoners. While politicians benefit from the contributions they receive from prison lobbies, they are also aware of the political repercussions of their responses. Therefore, the American public is a powerful stakeholder. While many people tend to automatically presume the opposite, society is negatively impacted by the current prison system in terms of safety, inequality, and government spending. If the public were more informed and united, they could strongly influence political decisions and the actions of advocacy groups. Similarly, advocacy groups have the ability to influence public perception and inform and direct policy preferences. For example, organizations such as the ACLU, Southern Poverty Law Center, The Sentencing Project, and the UNODC all fight against the injustices of the prison system.
Finally, specialized groups such as employers and the law enforcement community also have interests in the high unemployment rate of the formerly incarcerated. Reform would ensure that employers hire the most objectively qualified candidates, and would increase trust between the police and the communities they are protecting. While these groups do have some influence over public perception and case-by-case decisions, they do not have the capacity to make sweeping change.
There are many potential policy solutions at each level of government that could decrease unemployment among formerly incarcerated persons. One important start is to focus on job training and education in prison.10 Upon release, counseling on applications, interviews, resumes, and undergraduate or graduate school could help to reintegrate former convicts into society. Another proposed policy suggestion is to issue a temporary basic income to individuals upon their release from prison.4 This short-term financial stability would allow them to focus on finding a job, not resorting to crime and re-offense. Similarly, implementation of automatic record expungement procedures would make it significantly easier for job candidates to be evaluated based on their qualifications. Record expungement could take many different forms, but would take into account offense type and length of time since sentencing.5 It could allow law enforcement to keep a record while ensuring that it remains confidential. Another proposal is to make bond insurance and tax benefits for employers widely available. This would offer insurance and tax incentive to protect against real and perceived risk.6 Similarly, politicians could ban blanketed employer discrimination. Discrimination against people with criminal records and minorities could be interpreted as a violation of the Civil Rights Act of 1964.7 Another policy suggestion is to carry out occupational licensing reform.8 Individuals are usually required to pass a state background check for work in certain fields, but state level reform of licensing would insure that qualified individuals who have served their time would not be categorically denied their basic right to work. Other programs could include mandatory HR training for large companies that would instruct about the benefits of hiring ex-convicts and the discrimination associated with denying them,11 and an advocacy campaign to decrease the stigma of reintegration into society.
Whatever initiative policymakers choose to implement, it is evident that something needs to change. While there are many more injustices endemic to the United States correctional system, high unemployment for people who have been released is avoidable and inexcusable.
[1–8] Couloute, L., & Kopf, D. (2018, July). Out of Prison & Out of Work. Retrieved from http://www.prisonpolicy.org/reports/outofwork.html
[9–10] Raz, G. (2018, June 29). Jeff Smith: How Much Entrepreneurial Potential Lives Inside Our Prisons? Retrieved from https://www.npr.org/templates/transcripts/transcript.php?storyId=623942980
[11] Trone Center for Justice and Equality. (2017). Back to Business: How Hiring Formerly Incarcerated Job Seekers Benefits Your Company. Retrieved from http://www.aclu.org/report/back-to-business-how-hiring-formerly-incarcerated-job-seekers-benefits-your-company