As prison inmates rise up in protest against labor wages throughout the nation, Maryland could be facing a similar situation on the horizon. Activists in support of the movement cite general hygiene and obstructions to re-integration as the primary motivators for the strike.[1]Maryland’s Department of Public Safety and Correctional Services uses around 110 inmate crews for labor in positions that support the operation of the prisons as well as correctional industries in state-owned businesses.[2]Maryland should look to resolve any issues that may lead to a strike prior to their inception in order to prevent any loss in revenue that may be necessary for the operation of its prisons while exploring avenues to keep operation costs at a reasonable level.

The use of inmate labor with low compensation has been referred to as modern day “slave labor” by prisoners.[3]With compensation rates below a dollar per day in many states, and prisoners receiving no compensation at all in others, prisons complain that they are not able to afford phone calls to loved ones, general hygiene materials such as deodorant and toothpaste, and costs associate with their re-integration process.[4]The Maryland Department of Public Safety and Correctional Services uses inmate work crews for prison operational services such as cleaning and cooking, as well as labor for state-operated facilities such as the historic Mt. Auburn Cemetery.[5]Inmate labor crews began work on the cemetery in 2012 as Baltimore City hoped to resurrect one of the oldest African-American cemetery’s from being swallowed by weeds and overgrowth; the project took over four years.[6]The Maryland Department of Public Safety and Correctional Services currently pays inmates for labor in non-industry, regular jobs for the prisons operation at a rate of $0.90 to $2.75 per day, and $1.25 to $5.10 per day for labor in state-owned businesses; these rates are among the lowest in the nation.[7]The current wages and policies related to wages were established by Executive Directive Number OPS.245.0005 which became effective on April 1, 2016.[8]

As inmate protests continue to spread across the nation, Maryland could be on a collision course with a strike of its own. The Maryland Department of Public Safety and Correctional Services needs to re-evaluate both prison operation costs and inmate compensation prior to the initiation of a strike and a possible loss of vital revenue for prison operations.

Taylor Koncen is a third-year student at the University of Baltimore School of Law.  He is currently an Associate Editor on the University of Baltimore Law Forum.  His previous publication through the University of Baltimore Law Forum was a synopsis of the Court of Appeals decision in Green v. State.  Vol. 48, No. 2.  His interests outside of law school include playing and watching lacrosse and hockey.

[1]Mitch Smith, Prison Strike Organizers Aim to Improve Conditions and Pay, N.Y. Times, August 26, 2018, https://www.nytimes.com/2018/08/26/us/national-prison-strike-2018.html.

[2]Sarah Holder, The Not-So-Invisible Labor Prisoners Do in Cities, City Lab, August 28, 2018, https://www.citylab.com/equity/2018/08/the-not-so-invisible-labor-prisoners-do-in-cities/568537/.

[3]Mitch Smith, Prison Strike Organizers Aim to Improve Conditions and Pay, N.Y. Times, August 26, 2018, https://www.nytimes.com/2018/08/26/us/national-prison-strike-2018.html.

[4]Id.

[5]Sarah Holder, The Not-So-Invisible Labor Prisoners Do in Cities, City Lab, August 28, 2018, https://www.citylab.com/equity/2018/08/the-not-so-invisible-labor-prisoners-do-in-cities/568537/.

[6]Justin Fenton, Baltimore’s oldest black cemetery finally restored, with help of inmates, The Baltimore Sun, May 14, 2012, http://www.baltimoresun.com/news/breaking/bs-md-inmate-cemetery-restoration-20120514-story.html.

[7]Prison Policy Initiative, State and federal prison wage policies and sourcing information, April 10, 2017, https://www.prisonpolicy.org/reports/wage_policies.html.

[8]Executive Directive OPS.245.0005.