It is with immense frustration that I write to you on the behalf of
ALL offenders that are in the Indiana Department of Corrections (IDOC)
prisons that are run and operated by The Geo Group Inc. (a private
prison corporation). Prisoners here are receiving “State Pay,” which
consists of the following:
A-Pay $0.25/hour
B-Pay $0.20/hour
C-Pay $0.15/hour
The level of unequal wages from The Geo Group Inc. regarding this
effort is appalling. Indiana Government Officials have unfortunately
failed to address the problem and have allowed the “State Pay” wage
disorder to continue.
In the State of Washington, on 27 October 2021, a Federal Jury
ordered The Geo Group Inc. at the ICE Processing Center (formerly the
Northwest Detention Center) liable under the State Minimum Wage Act
(MWA). In Washington, Attorney General Bob Ferguson filed a lawsuit
alleging that The Geo Group Inc. was violating the state minimum wage
law. The U.S. District Judge Robert Bryan ordered The Geo Group in
Tacoma, Washington to pay their detainees $13.69 hour. These are
immigrant detainees. These immigrant detainees were represented by four
(4) law firms. Names of the law firms are as follows;
- Schroeter Goldmark & Bender – Seattle, WA
- Open Sky Law PLLC – Kent, WA
- Menter Immigration Law PLLC – Seattle, WA
- Law Offices of Robert A. Free – Nashville, TN(1)
We believe that our pay here, less than 2% of the pay received in
Washington, is discrimination by The Geo Group Inc. here at the Indiana
Geo Facilities.
On 26 January 2021, President Joseph R. Biden, Jr (D) signed an order
and stated… “to stop corporations from profiting off of incarceration
that is less humane and less safe”. We believe that The Geo Group
Inc. is violating Title VII of the Civil Rights Act, which prohibits
racial discrimination in the workplace. State prisoners may not be
entitled to State Minimum Wage, but there is NO exception for private
for-profit detainees, prisoners, or offenders here. The Geo Group
prioritizes profits over rehabilitation, making us ALL less safe.
Indiana Government Officials and The Geo Group Inc. have to remember
that we are in an inflationary economy. Us prisoners here at The Geo
Group Inc. facilities here in Indiana are getting overwhelmed,
over-worked, and frustrated simply because we do not have the same
income or access to resources as others. We have material needs such as
hygiene, property, food, etc. that cannot be met due to the “State Pay”
wages that have NOT kept up with the exorbitant price of living.
At the Indiana Department of Corrections commissary from the Indiana
Correctional Industries Plainfield, IN Distribution Center, the prices
of our needs are increasing dramatically due to the inflationary factor.
NO prisoner in The Geo Group Inc. private run prison(s) who gets State
Pay should ever cower in fear of his/her employer‘s power to silence
legitimate points of view of their wages.
The State of Indiana and/or The Geo Group Inc. needs to raise the
starting pay wage significantly to a reasonable wage. It is time for the
State of Indiana and/or The Geo Group Inc. to make the financial
adjustments and changes.
We believe that there are laws, ordinances, policies, rules, acts,
statutes, procedures, or even regulations that have been violated or
criminalized by our Constitution in the Fair Labor Standards Act
(F.L.S.A), Administrator of Wages & Hour Division, U.S. Deptartment
of Labor, Equal Employment Opportunity Commission, Labor Management
Relations Act, etc. We know Indiana Government officials Governor Eric J
Holecomb, Commissioner Robert E Carter Jr, Deputy Commissioner/Chief
Financial Officer Dan Brassard, are the individuals who control our
scale wage that makes the financial adjustments and changes in our
“State Pay” for the The Geo Group Inc. to pay our wages.
A raise in starting pay will be a positive thing allowing more
offenders to find satisfaction in their careers and it can allow more
workers to make a living wage and contribute to the broader economy. Our
facility jobs are not a free pass to wipe our slates clean, they are an
acknowledgment that we have to change our lives to be more accountable
and the State of Indiana and/or The Geo Group Inc. is what will allow us
to do that. A productive offender in the Geo Group facility with a fair
wage will perform better work ethics, do things properly, and have
better responsibility.
We as prisoners are entitled to be paid minimum wage or a fair wage
for our labor keeping The Geo Group Inc. facilities up and running, like
preparing and serving food, running laundry, maintenance, landscaping,
mowing, sanitation, administration clerks, etc. We are not asking to be
put on an indefinite leave of absence means or that ALL Geo Group
contracts be terminated. We are exercising our rights, which are workers
rights, and show that we have a right to stand up for each other and for
justice for Geo Group Inc. prisoners who work at their facility and
receive state pay wages.
Please take into consideration, when we do get our “State Pay” the
I.D.O.C takes 15% right off the top. This money goes into our re-entry
account which we receive back upon our release back into the community.
This gives us a little financial assistance. Now here is this Geo Group
Inc. offender who has a C-Pay job, which is $0.15 an hour, works 6.5
hours a day, 5-days a week, comes out to be $19.50 per month. Now the
State takes 15% for re-entry which comes out to $2.89. This leaves you
only $16.32 a week to buy hygiene, property, food, paper, pens, etc. And
if you went to go to medical or dental, that’s a $5.00 charge and the
medication is $5.00.
Please also investigate the Geo Group Inc. in Tacoma, Washington
where they are paying immigrant detainees $13.69 an hour. This is
discriminating against us offenders and manipulating us due to what they
pay us as “State Pay” here in Indiana.
- State of Washington Attorney General – Bob Ferguson filed lawsuit
against The Geo Group Inc. in 2017 [Washington v. Geo Group, USDC,
W. Dist. WA. Case No. 3:17-cv-05806RJB]
- Detainees filed lawsuit in 2017 with assistance of Schroeter
Goldmark & Bender and Robert Andrew Free [Nwauzor v. Geo Group,
USDC, W. Dist. WA, Case No. C17-5769RJB]
Thank you for your time and patience.
MIM(Prisons) responds: First, we want to remind our
readers that a very small percentage of prisoners in this country are in
private prisons, and most of them are immigrant detention centers like
the one in Washington discussed. As the author above argues, there are
potential legal differences in how labor is considered in private
prisons compared to most prisons. And economically it is very different
because corporations like Geo Group are making money running prisons for
the state, but using basically free labor to do much of that work. This
is a very dangerous combination that economically incentivizes mass
incarceration.
In our 2018
survey of prison labor across the United $tates we found that wages
for maintenance work typically ranged between $0.14 and $0.63 per hour.
Though of course in some states prisoners do not get paid at all for
working to maintain the prisons. This puts Indiana at the low end of
states that do pay. But as this comrade and others have recently pointed
out, inflation is hitting hard in the form of commissary prices.
Therefore to have wages at the low end from 5 years ago is far from
adequate when most prisoners need to buy supplemental hygiene and food,
not to mention minor comforts.
Based on the information we can find online, the Geo Group stopped
having prisoners work right after the court decision, so no prisoners
are getting paid minimum wage. In addition they appealed to delay
back-paying those who had already worked in the past.(2)
Notes:
1. Prison Legal News, December 2021 Vol. 32
No. 12 pg. 26 and April 2022 Vol. 33 No. 4 pg. 30. published by the
Human Rights Defense Center
2. Alanna Madden, 6 October 2022, Ninth
Circuit takes up Geo Group appeal over underpaid detainees,
Courthouse News Service.