Under Lock & Key

"Neither Slavery nor Involuntary Servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States..."
—Thirteenth Amendment, United States Constitution

History of Legalized Slavery

The Thirteenth Amendment was ratified by Congress by the required three-fourths of the States (27 of 36) on January 31, 1865, and declared an amendment December 18, 1865. To understand it in a prison setting, it is important to look at the history after it was ratified until today.

It was during the time of the enactment of the Thirteenth Amendment that "slaves", or better yet, the offspring of slaves had heightened their resistance to this torture and inhumane treatment that they inherited by bad luck. Slave leaders like Fredrick Douglas and Harriet Tubman started to educate themselves, assist in the escape of other slaves, and lobby for the rights that they felt they were due. Former slaves, escaped slaves, and others sympathetic to them led negotiations of the Thirteenth Amendment.

Once enacted, what was to be a victory for slaves, the Thirteenth Amendment later became nothing more than a smoke screen. When southern slave owners figured out that the second part to the amendment gave exception "as a punishment for crime" crafty southern lawmakers substituted various equivalents. One of these was "peonage." Peonage is a labor system in which the worker, who owes money to his or her employer, must "work off the debt." The term also can be defined, however, as virtual slavery or serfdom. Southern states enacted a series of laws that required, as punishment, high fines. Poor, now-"free" slaves were forced to borrow money to pay the fines and "work off" the debt, often times never paying off the interest. Some "crimes" included breaking curfews, and vagrancy.

The Freedman's Bureau, a government agency established to help former slaves assume responsibility as free citizens, attempted to replace "Peonage" with contracts. However, southern " Black Codes" prevented much progress. Vagrancy laws were abundant, and slavery was still existent, just under an alias.

In 1867, Congress enacted the Peonage Act in New Mexico, applying it to all of America. Now it was a felony to hold a person in Peonage or to seize or arrest a person to enforce Peonage. This same act outlawed any state law designed to enforce Peonage. In the 1900's the Peonage Act was accepted in full.

As we'll see below, modern laws and policies continue this legacy with many of the same oppressor nation motivations as in the 19th century.

Control those who can't be exploited

Every year, hundreds of thousands of mostly Black and Latino men from the 5 boroughs of NYC go thru the biggest county jail in the united $tates: Rikers Island in New York. After being convicted (which happens 70% of the time), private contractors bus them to state prisons upstate, more than 2/3rds of which are in rural areas with almost all white populations. Most of the officers, nurses, vocational instructors, etc. are from farming populations that lost their traditional economies largely to imperialist expansion into foreign markets in the Third World where they can exploit the people and buy food for excessively cheap prices.

Prisons are now the epicenter around which many towns have sprung up, reviving the dying rural communities. The local populations compete for these jobs, which are unique in their high wages and pension plans, while requiring minimal thinking ability.

No one can deny the stark increase in incarceration of Blacks within the past three decades. This increase is largely due to policies and harsh laws which are racially motivated. One notorious example is the federal guideline that sentences people to 10 years for possession of 5 grams of crack or 500 grams of cocaine, when whites are much more likely to be caught with cocaine. No study has ever proven that crack - cocaine in its coagulated form - is more harmful than its powder form. And though this law was modified recently, its purpose has already been served.

Since the end of slavery's role as a profitable enterprise by the u$ farming industry, the principal question for law officials has been, 'What is to be done about the fast growing population of restless young Black men?' - Prison has become the solution to this never ending problem. A population that is no longer a significant source of labor to be exploited, nor allowed to be junior partners to the imperialists, has no role to play in the modern imperialist economy. Hence, we have seen the growing lumpen class behind u$ prison walls.

Prison serves three valuable solutions, or better yet, prison has been the solution which can be explained in three forms.

1. Prison is used as a social contraceptive to reduce and control population growth.
   
2. Prison is a way to ebb the radical political consciousness of the people. To separate those radical elements among oppressed nations from influencing others to seek change rather than reform.
   
3. Prison has been used as a way to deal with rising unemployment and stem entry into the already declining job market. (This is true despite the fact that after years of incarceration, most Blacks and Latinos are released to their communities with little hopes for employment, regardless of any participation in vocational programs.)
   

As we can see, the prison system is much more than an economic force exploiting labor. This is not to deny economic benefit that is reaped by the corporate elites and the amerikan so-called "worker" stooges. Prison, as a part of the capitalist system, has a further implication beyond jobs; it is also a way to repress other nations of people: the Black, Latino and indigenous nations, as well as migrants from the Third World.

Economics of NY Prisons

New York State Department of Correctional Services (DOCS), has approximately 60,000 inmates. In this system, "programs" are mandatory. Programs range from industry work, to maintenance, to pseudo-rehabilitative or educational programs. Most people work to keep the facility up and running. The five pay grades are as follows:

Each facility is limited to a small number of people being paid grade five, so in all actuality Grade 4 is top pay. Grade 4 is reserved for foremen, who are a special class within themselves where the old rule of divide and conquer prevails. They have proven their loyalty to the system through years of hard work and often report other prisoners if something goes wrong - many of these positions are given to white prisoners.

There are "industries" in several facilities: Attica specializes in making lockers that you find in state office buildings; Great Meadow specializes in manufacturing various chemicals such as liquid soap to clean public transportation and soap that is given to inmates; Coxsackie manufactures bed sheets, pillow cases, clothing worn by doctors and nurses, as well as money bags used by banks. All of these items are manufactured under the name "CorCraft." CorCraft made over $40 million in 2005, while prisoners were paid pennies. CorCraft is a government industry so the $40 million all goes back into the state General Fund, essentially offsetting some of the cost of running prisons or other public "services."

A "bonus" is given based on the individual productivity of every prison. For example, at grade 2 my base pay for a 40 hour work week is $10.00 (all programs other than Industry work 25 hour work weeks). With a 50% bonus I would make $15.00. Unlike all other prison programs, Industry workers punch a time clock and are forced to punch out whenever they leave their shops, even for meals which are in most cases mandatory.

An inmate in DOCS, comes in with a substantial debt to pay automatically: $40.00 Gate Fees, $150.00 Surcharge, $50.00 DNA fee, $20.00 Victims Fee. Additional debts may include restitution, child support, appeals fees, legal fees, processing fees, disciplinary sanctions (if incurred), etc. Oftentimes these amounts run into the thousands of dollars, and higher.

The cost of Commissary staple items, hygiene supplies, stamps, etc., have increased so dramatically that, in proportion, the payment DOCS pays in exchange for hard work becomes virtually worthless. For example, at $0.13 an hour, after a three hour work day mowing lawns in 90-degree weather, an inmate still cannot afford even one $0.42 stamp. The pay deteriorates even more if a percentage of the inmate's earnings must go toward fees, surcharges, fines, or other obligations.

Where it leaves us

Previous challenges to DOCS Peonage system of pay have been unsuccessful because DOCS maintains that they are not "paying" but rather "compensating" inmates for their "program" participation. International Law, such as the Geneva Convention, is pretty clear that prisoners of war cannot be "forced to work" without compensation. However, it does not state what compensation is. The Japanese, for example, compensate their prisoners with food.

In fact, food is one of the greatest incentives for New York inmates to work inside of prison. The Mess Hall is one of prison's more unpredictable locations. While the Mess Hall is mandatory for all meals in some prisons, here in DOCS, attendance is elective. In order to avoid potential conflicts, when possible, many inmates choose to skip the Mess Hall meal and eat a quick sandwich with Commissary items. A positive account balance is required in order to purchase food from the Commissary.

Another great incentive for prisoners to do work is postage. Years of study have proven that inmates who work to maintain family ties strive to do well in general prison populations. Inmates who receive visits do even better, and those who do not maintain family ties are statistically more vulnerable to problems. The ability to correspond with family is usually essential to maintaining family ties. If a person cannot afford a stamp after three hours of hard labor, the incentive for that person to be positive for the remainder of the day greatly diminishes.

DOCS originally established a system to pay inmates, in order to prevent theft and encourage inmates to work. However, by not paying a meaningful wage, what DOCS actually creates is a mirror of the Peonage System. An inmate in prison for ten years, without the assistance of family, may leave prison, not only still in debt, but convinced that hard work is useless and that society is inherently unfair. This is one of the results of a system based on punishing individuals, rather than changing the system that created their bad behaviors. In contrast, a socialist prison system serves to turn those who commit crimes against the people into productive contributors to society.

If the DOCS simply raised the "compensation" from pennies to even just $1.50/hour, this financial outlay surely would pay for itself. An inmate who has no hope of meeting his needs through legitimate earnings is likely to attempt to get what he wants, i.e. stamps, food, cigarettes, etc., by illegitimate means: thievery, violence, extortion, gambling, etc. Such activity increases the likelihood of claims for property, of altercations and of injuries, which lead to civil actions brought against the State.

It is time for the State to increase "compensation" for inmates - compensation that will assist inmates in maintaining hope and in maintaining family ties while inside of prison, and compensation that will convince inmates that there truly is benefit in working hard to earn one's way toward productive life, once they get outside.

MIM(Prisons) supports the application of a global minimum wage under capitalism. Although it would have to be taken into consideration that prisoners are provided with most basic needs before being paid - as poor as they may be.

Back in 100 A.D. a greek philosopher named Epictetus uttered these five words: "Only the educated are free." Today these five words ring true to a lot of us who find ourselves in residence behind the walls of the United States prison system. The U.S. has 5% of the world's population, yet is responsible for 25% of the world's prison population. 1 in every 31 adults in the United States is in jail, prison, or on some sort of supervised release. Now, with that in mind, we prisoners should have a strong voice, and I applaud MIM for trying to help us organize that voice for the common good.

Where do we start? Go back to the quote I opened with, and then take a look at MIM platform plank number one: Primary, secondary and college education free to the whole world. Let's localize that to ourselves for the time being. As "guests" of the prison system, we have lots of free time. In case you have not noticed, the government has no problem with us using all that time to play cards, watch TV, maybe take a few of their so-called "educational" programs and basically kick us out the door no better than we were when we came in. There are a ton of correspondence courses available to prisoners from many different colleges in many different disciplines. Apparently though, a criminal seeking a higher education, to better himself while behind bars, scares those in charge.

In 1994, the government stopped awarding Pell grants to prisoners to pay for their education. Considering that, by the Bureau of Prisons' own statistics, 40% was the average recidivism rate for parolees in general compared to only 5% for those with college degrees. So one would have to ask, why would the government choose to promote recidivism versus education? There are two simple answers: money and fear. The government makes too much money off of prison and the fruits of prison labor.

As for fear, the government is scared that the prison population will become educated, vocal and organized, which is exactly what needs to happen. Groups like MIM are going to make it happen. I encourage all of you to start a writing campaign. U.S. Senator Jim Webb has vowed to look at every aspect of our criminal justice system from top to bottom to "fix" it. Well, here's a chance to let our collective voice be heard. Encourage other prisoners to write, encourage your families to write:

Senator Jim Webb
248 Russell Senate Office Building
Washington, DC 20510

Ask why only the rich and the white collar criminals are deemed worthy of outside education and a realistic shot at not coming back to prison.

MIM(Prisons) adds: Send us copies of letters sent to Senator Webb so that we can also publicize this struggle. We also point our readers to Under Lock and Key issue #8 where we discussed in detail the economics of prisons. In reality the government is not making money off prison labor, but they are benefiting greatly from the social control provided by the prison system.

I'm a mortal man
I do what I can
Just to withstand
The pressure I feel
From those who wanna steal
All that is real
Through my sensory loss
Attempting to toss
Silence across
My very existence
Waning resistance
Till I break down
Wearing a frown
All beaten down
But I simply refuse
To let them abuse
And give me the blues
I will stand tall
Not ready to fall
That is my call

Como joven revolucionario, yo me encuentro acercandome a 10 años de ser miembro de los Almighty Latin Kings (Reyes Latinos todo Poderosos). Ha tenido sus altas y bajas, pero me ha convertido en el hermano que se encuentra aquí sentado escribiendo estas palabras. Algunas veces yo me molesta cuando leo MIM’s y alguien escribe hablando de que era ex-miembro de una Pandilla. Por que una persona tiene que dejar todo en lo que él cree por equis cantidad de años para cambiar su vida? Si yo tuviese que dejar mi nación para hacer un cambio para mejorar, estos ultimos 10 años de mi vida serían nada más que una mentira. Yo no miro a ALKQN como una Pandilla, porque nunca en mis 10 años yo he participado en pandillerismo, ni me he puesto colores. Pero eso no significa que como hombre yo no he cometido errores. Yo he estado viviendo en los campos de concentración de Amerika por una mejor parte de mi vida. Aquí yo he aprendido a leer y a escribir, y como ser un hombre. Sino fuese por la ALKQN, yo todavía fuese un alma perdida, sordo, estupido, y ciego justo como los imperialistas nos quieren.

Cuando yo leo MIMs y eschuo de hermanos en Nueva Jersey que estan enseñando a otros Reyes y a miembros de UBN (United Bloods Nation) a leer y a escribir, y no solo pasando revistas XXL y VIBE, de eso es lo que Reyismo se trata. No pandillerismo. Siendo yo de Brick City, yo se directamente es el NJDOC, asi que mi amor va para todos esos camaradas que se encuentran en el GU, sin importar cuales sean sus afiliaciones. Tu no tienes que dejar de ser tu para mantenerte fuera de la prisión. No los dejes que te engañen, joven hermano.

Como una vez dijó uno de los hermanos más revolucionarios de nuestra bella isla (Albizu Campos) “Despierta Boricua; defiende lo tuyo!”

MIM(Prisiones) responde: Nosotros aprendemos cosas atravez de nuestras vidas que nos lleva a hacer cambios en lo que pensamos y hacemos. Aprendiendo sobre politicas revolucionarias y moviendose fuera de una organización callejera para estar envuelto en organizamiento no hace la historia de uno una mentira. Algunos camaradas trabajando con MIM(Prisoniones) se quedan con sus organizaciones callejeras y otros eligen dejarlas cuando entran en politicas revolucionarias. Muchas veces estas deciciones tienen base en lo que sus organizaciones callejeras estan metidas, y en lo que individualmente una camarada piensa que puede hacer como miembro. Si una persona es miembro de una organización callejera que no soporta el trabajo anti-imperialista, puede ser tiempo de moverse de esa organización callejera. Sin embargo, nosotros respetamos a esos camaradas que quieren quedarse con sus organizaciones callejeras y promover anti-imperialismo dentro del grupo. Hay papeles importantes para ambos acercamientos.

It has come time for all of us who have become politically active to stand together as one united front, proselytizing unity amongst the Black street tribes. It is time for the warriors of our people to lock flags and step into history. It has become increasingly clear that our continued genocidal tendencies are at our own destruction, peril and demise.

We are constantly under attack by the paramilitary style police units in every city that brutally occupies our communities, the very unrighteous injustice and revenge procedures masquerading as a fair and balanced judicial system, and of course the modern day slave plantation known as prison with its oppressive family-destroying, man-breaking psychological warfare. We have endured much pain inflicted by these forces, but it pales in comparison to the pain, sorrow and death we have inflicted upon each other.

Just imagine the beautiful power that is in our uniting against the elements that thrive successfully because of our difficulties and divided strata. It is time for all the warriors of the street tribes to realize that together we are unstoppable. It is time for those of us with influence, stripes, rank and respect to start believing in and advocating the uniting of the lumpen organizations.

Brotha Frantz Fanon said "Every generation has a mission, it is up to that generation to fulfill or betray that mission." I believe our generation's mission is uniting. It is in the best interest of not only our individual tribes, but most important it is in the best interest of our people as a whole. It is up to our generation, this generation, to evolve from so-called criminals, gangstas and thugs, into men, human beings who believe in our ability to be warriors and souljahs in one united front fighting on the front line to ensure the life of our people.

Revolutionize yourself, become new men, liberate yourself mentally. The honorable brotha Malcolm X once said "I do not pretend to be a divine man...I am not educated nor am I an expert in any particular field but I am sincere and my sincerity is my credentials."

Greetings comrades! I am writing to you today to first and foremost thank your organization for all the work being done to educate the sleepers.

I received your notice and letter about the pigs refusing the literature you sent to me. I was not even issued a copy of the rejection slip by the prison mail room. They are by policy required to notify prisoners of any and all mail refused by the facility, but following policy is not of concern to the oppressors! I am glad to have received ULK #7. There was plenty of good info in there and I have passed the newsletter around to others.

In regards to money being made by the prison, I am a witness to the way prisoners are performing cheap labor in this hell hole as the prison gets contracts with outside corporations. For example, UCI (Utah Correctional Industries) employs prisoners to make products for any corporation including the united states military. The prisoners are paid anywhere from 90 cents to $5.45 to work for UCI an hour. They must give back 60% of their total pay to the prison. So each prisoner is roughly making $1,144.50 a month, but they only bring home roughly $400 bucks after the prison gets their cut off top.

Then the prisoner must turn around and buy food off of commissary, which is extremely overpriced. So the prison is again making money. The UCI job is the best one as far as pay, that a prisoner can get.

The section jobs (in house stuff like food handler, section cleaner) only pay $62 a month. These jobs are what keep the prison functioning and the pay is a joke to say the least. There are not enough pigs to fill the positions prisoners hold and if the convicts would stand in solidarity to demand higher pay it would make some changes have to be made or the institution would not function.

Yet problem number one is the lack of solid convicts who will stand as one against the oppressors. Number two is that only a handful of prisoners have any income from family or friends, so they must work and accept the low pay, just to purchase general needs such as soap, deodorant and other hygiene.

The system is well designed to stay with a full belly at the expense of the poor, oppressed prisoners it houses. Prisons are huge money makers for somebody, and its time for the people to come to power and take control of our environments to live righteous lives!

Keep up the good work MIM!

P.S. Here’s a list of some more jobs that prisoners perform to keep this place running: laundry services, food prep, grounds keeping, plumbing, and the UCI makes all clothes issued to prisoners and for purchase of commissary.

I am a Vietnamese immigrant. I’ve been living in Amerikkka since 1985. I came to this country when I was a kid. My father passed away so I grew up in a foster home. My life is not colorful, I had my ups and downs. This is the second time that I’ve been locked up. My life is changing as I grow older.

Upon discharging my first sentence, I was picked up by INS. A court date was set, I was ordered deported by a federal judge. While waiting for a travel visa I was sent to different county jails. I met people who were waiting for 5 or 10 years just to be deported. Some people can’t go back to their birth home due to persecution, and yet they can not be released because they committed crime in Amerika. All of us have to pay our debts to society.

After a few years I was released back to society with various conditions. I have to check in monthly, to pay for a work visa yearly, pay taxes, and go back to my birth home once they have a visa ready for me. I have children who were born here.

I worked and had a job. Some of the work I did was harsh, only so-called illegals and non-citizens work at such places. Jobs that are not done by Americans, yet they sit and cry about us "illegal" and non-citizens taking up jobs.

Every month I saw INS come through and do a sweep, checking people for work visas. Those who didn’t have visas were picked up and arrested. Some were thrown in federal prison because of re-entry. Families are being torn apart because of these reasons. Some come back because of family ties. They come back because they want to see their sons, daughters, mother and father. Some relatives are too old to travel or too young to understand.

Recently Oklahoma has passed a new law called House Bill 160U. It specifically targeted "illegal" or non-citizen people in Amerika. We get pulled over for no reason so that they can check for ID. If any person or company hires or harbors "illegals," there will be fines and imprisonment. Some small businesses are closing down because "illegals" are afraid to work.

We’re being punished for breaking the law, and punished again by federal court. We’re guilty for not being Amerikan citizens. Some of us don’t have a voice. Sometimes I wonder, does kindness have any value in Amerika?

Since I last wrote to you I’ve been studying with MIM(Prisons) cell study course and had the privilege of seeing one of these punk pigs here at the Utah Supermax solitary unit fired. Not only was Feikert fired for sexual misconduct, but it seems he’s pursuing a lawsuit himself against the DOC. Let them bite each others swine throats I say. He’s back at work though on some form of legal matter but hopefully not for long.

The interview with Mfalme Sikivu in ULK 7 was right on and I respect what he and the UFD are doing. Though the comrade from Texas’s words were the most heartfelt I believe. I think we should all try harder to see things for what they really are instead of putting our own personal slant on issues. Being a realist for sure isn’t the easiest way to be but it’s the truest.

Take for example my comrades here in UINTA One solitary. Day in and day out these pigs taunt and seek reactions so they can keep us here longer or take all our stuff and place us on strip cell. Most comrades are wise to that approach but it’s when these pigs turn us against ourselves that most convicts become tricked into acting out.

I don’t see how some people can become friends and sit there talking to these pigs. You see my friend just hanged himself and the next day I hear ”I don’t care about you pieces of shit, I never lost a single moment of sleep over you scumbags” or “Spider went home, 4a, Hoopers on early release” as they laugh like it’s funny.

To my comrades in neighboring cells no matter if they’re white or black, I will be beside all you comrades when revolution is necessary. I see the economic recession as just another sign the U.$. is weakening and I can feel the anger turned to knowledge in each of your ULK submissions. I’m glad to be a part of MIM.

Imperialism is the enemy first, all this other shit second but it’s not time to just wait for a movement. We are the movement, every time one of us wins a lawsuit or cracks a law or history book we win. Slowly we’re winning, growing, learning.

Just keep your heads up out there, especially those sitting in these solitary dungeons. It’s not east-side west-side, it’s the oppressed-side. We are all family in this and we are going to take the power back because we speak truth, we bleed justice.

I am alive today because of MIM and the ideals I’ve learned there. The anger's not focused inward anymore, but outward towards learning how to better myself instead of destroy myself. Because they want us to go off, they want us to die. It’s what they don’t want that scares them, that gets through to them. They fear real equality, justice and peace. I mean their minds can’t grasp the possibility of liberty for all. It’s our jobs to blaze a trail, to show the way.

Budget cuts here at the USP have knocked indigent envelopes down from 5 a week to just one a week which is hateful. The fact that paper got cut too from 25 pieces a week to just 5 is a matter I’m grieving (freedom of expression) because we here in the hole aren’t allowed to buy any writing materials other than 15 envelopes a week. So we (some of us) have 15 envelopes but only 5 pieces of paper.

Here at Utah’s plantation they’ve cut jobs that used to pay $60 a month to just $7 a month and thrown out a lot of positions. So one guy does the work of what used to take several. The prison does manufacture houses in their carpentry program, and UCI commisary has convicts making sweats and shorts down in Gunnison, then selling these products back to the U.$ and community. I’ve been out of population for a year now but the above is what I was seeing at that time.

To my komrades at MIMs, I would like to thank you all, firm and true to our cause members, seeing and making progress with the lumpen and other oppressed groups. I just received your Under Lock & Key March 2009 issue, and I was pleased to read the many different views and struggles around Amerika (prison system) which not only inspire me but allow for me to understand that this octopus of a capitalist system is still at war oppressing people and nations. The revolutionary mindedness that I have built upon since receiving your publications, going on two years strong, has given renewed strength and encouragement not only to me but to all those seekers wanting to be and who are a part of your movement. My highest respects!

I myself have been reaching to the masses in here and out in the free world trying to maintain unity and strength and by doing so I’ve come to see that so many prisoners who are locked up with me don’t have that kind of support from outside people. So what I have come to do in light of that has been giving your information so that they may find encouragement and mental support through your organizational work.

Not everyone I’ve come across understands the oppression that they face because for some reason they truly believe they are given this life of pain and slavery behind the choices they have come to make. I try my best to express to them that it is the fucked up politics of this government that has us doing these things, and some come to see and understand and others choose to ignore and accept everything that comes their way. Man! It’s crazy how some people think in here.