Does Anyone Care About America's Prison Industrial Complex?

Citizens across the political spectrum are preoccupied by numerous high stakes issues such as Iraq, Afghanistan, corruption, corporatist greed, genocide, global warming and healthcare to name a few. There is also the ongoing rule of an administration subverting the Constitution and undermining our democracy. As a result, some topics of importance have dropped off our radar screens. One subject meriting renewed scrutiny is the prison industrial complex.

The prison industrial complex are entities or organizations that have a stake in construction of correctional facilities, such as prison guard unions, construction companies and vendors specializing in surveillance technology. Just as sectors in the military industrial complex are more concerned with profit than national security, players inside the prison industrial complex are more concerned about making money than actually rehabilitating criminals or reducing crime rates.

It should also be noted that some prisons supply free or low cost labor for state and municipal governments as well as jobs for organized labor. The building and maintenance of America’s prison system on both the federal and state level is a multi-billion dollar industry benefiting private industry, lobbyists and politicians who have the power to award contracts.

In December 1998, Eric Schlosser wrote perhaps the definitive article on the topic for The Atlantic Monthly (subscription required) and observed,

"The prison-industrial complex is not only a set of interest groups and institutions. It is also a state of mind. The lure of big money is corrupting the nation's criminal-justice system, replacing notions of safety and public service with a drive for higher profits. The eagerness of elected officials to pass tough-on-crime legislation — combined with their unwillingness to disclose the external and social costs of these laws — has encouraged all sorts of financial improprieties."

Ultimately, the incarceration industry helped keep much of American society, especially young black men, in a cycle of despair. For example, my home state of New York operated under the Rockefeller Drug laws for over thirty plus years and incarcerated non-violent offenders of drug possession for ridiculously long sentences. Meanwhile, more violent criminals were paroled and their recidivism rates were high.

Sadly, in New York the issue remained largely un-addressed as Governor Mario Cuomo fed the correctional facilities construction beast with more money and contracts. His successor, George Pataki promised to repeal the Rockefeller laws when he took office in 1994 but he didn’t deliver until 2004.

The issue seemed to peak politically during the last years of the Clinton Administration as Schlosser’s article helped garner coverage for public figures who spoke about it such as the Reverend Jesse Jackson. Since then some organized opposition emerged. A political interest group called Critical Resistance formed to raise public awareness about moral failures in the corrections industry and,

“build an international movement to end the Prison Industrial Complex by challenging the belief that caging and controlling people makes us safe. We believe that basic necessities such as food, shelter, and freedom are what really make our communities secure.”

Two states worth watching are California and New York. On February 19th, Neal Peirce of the Hampshire Gazette profiled both states in his article, “Growth of the US Prison Industry.” His article was posted in the The Real Cost of Prisons Weblog.

Peirce reports that Governor Eliot Spitzer wants a commission to consider the merits of closing some of New York State’s dozens of prisons. This was also covered on February 5th in the New York Times (subscription required). New York's prison population peaked at 71,000 inmates in 1999 but has dropped by 8,000 the past eight years.

Crime reduction in New York City is the major cause as well as reform efforts to find treatment for non-violent offenders. No doubt the corrections industry will lobby Albany hard to maintain the status quo but Spitzer has demonstrated his fondness for picking fights.

Meanwhile, Governor Arnold Schwarzenegger is pressing for $11 billion in bonds to add 78,000 beds to California's expanding prison population. Currently, California has 173,000 inmates costing the Sunshine state $8 billion. Peirce quotes a California senior prison official warning that overcrowding and threats of riots are,

"an imminent and substantial threat to the public.''

Peirce also notes that,

“Thirty years ago California's prison system was hailed as America's best, providing education and psychotherapy for offenders.”

Critical Resistance posted the following about California on their website in January:

”Dear Friends,

Last year, we helped defeat plans to build 140,000 new prison and jail cells. While we have collectively made it very difficult for the state to build entirely new large state prisons, the Governor has responded by couching prison expansion in the guise of prison reform. But, we know that expansion is NOT reform. We know that reform lies in reducing the number of people in prison. So, we are back. This time fighting the Governor's plan to build 78,000 new prison, jail and juvenile detention beds and once again, we need you.

The more we make expansion impossible, the closer we get to real moves to reduce the number of people in prison!”

New York of course endured the shameful Attica prison riot of 1971 that resulted in the aforementioned Rockefeller drug laws. The legacy of those laws, widely replicated in other states, were expanding prison populations for possessing or selling even small amounts of narcotics.

Thankfully, Governor Spitzer appears determined to aggressively reform New York’s correction system. However, many communities have an economic interest in preserving the status quo. As State Sen. Elizabeth Little, whose Adirondacks district includes 12 prisons told the New York Times,

"There are over 5,000 corrections officers living in my district. In most of these communities, the prisons are the biggest employer.''

Left unsaid by too many legislators such as State Senator Little and other politicians, is that white constituents are benefiting from union jobs while minorities are incarcerated with punishments not appropriate to the crimes or offenses committed. This is not justice and reflects badly on our national character. One governor, even in a state as large as New York isn't enough. This issue merits activism among civil libertarians across the political spectrum. Does anybody care?
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ADDENDUM: A crossposting of the above topic made the recommended list on Daily Kos. Click here to review comments from that community. Also, my thanks to Blue Gal for linking this post in the Crooks & Liars blog roundup.

Eliot Spitzer Takes On New York's Nomenklatura

Is New York’s Eliot Spitzer for real? Is it possible my home state elected a governor who knows what he means and means what he says? Politicians promising reform and boasting about their prowess as culture breakers is nothing new. Spitzer’s predecessor, George Pataki also promised to reform Albany’s corrupt culture and he proceeded to embrace it. Mario Cuomo didn’t embrace Albany’s inside game like Pataki but he didn’t confront it either.

To this point, Spitzer reinforces my belief that the Democratic Party’s best hopes for the future reside in state capitals where governors are tackling vital issues such as healthcare, global warming and public corruption. Brian Schweitzer of Montana is a sterling example of this new breed. Smart, innovative, tough and unafraid of picking fights with entrenched power to advance progressive ideals. They present quite a contrast to Washington Democrats who even after defeating Republicans convincingly this past November, govern as if they’re afraid of their own shadow.

In only the second month of the Spitzer Era, his administration is on a collision course with Albany’s nomenklatura. The spectacle is fascinating to watch. For readers not familiar with New York State politics, Washington D.C. is a beacon of rectitude compared to Albany.

New York State Comptroller, Alan Hevesi was forced to resign shortly after being re-elected because of scandal. Hevesi pled guilty to a minor felony charge for using state employees as drivers for his ailing wife. Click here and here to read more about Alan Hevesi and the scandal that forced him from office.

As you can discern from the links I provided, Hevesi’s fall from grace was hardly the worst scandal in the world. We’ve seen far worse in New York. Indeed, I rather admired Hevesi’s career both as Mayor Rudi Guilani’s fiscal watchdog when he was New York City Comptroller and his recent stint in Albany. Hevesi also courageously opposed the death penalty as an Assemblyman from Queens. I supported Hevesi’s failed efforts to become the Democratic Party’s nominee for Governor in 1998 and Mayor of New York City in 2001.

Nevertheless, what Hevesi did was wrong and Spitzer opted to withdraw his endorsement of the Comptroller prior to Election Day. Afterwards, there was speculation Spitzer would not encourage Hevesi’s prosecution. To his credit, Spitzer helped push Hevesi out. Spitzer's critics believed he should've publicly pressured Hevesi to resign before the election.

According to New York State’s constitution, Hevesi’s successor must be approved by the state legislature. Spitzer’s fellow Democrats controls the Assembly and have far superior numbers than the Republican controlled Senate. Hence, Spitzer had to deal with Assembly Majority Leader Sheldon Silver.

Silver is the embodiment of Albany’s establishment and for over a decade has wielded power as one of “three men in a room” governing New York State. The caucus led by Silver has seen governors preaching reform come and go, as they remained entrenched. Their districts are gerrymandered to their favor as special interests curry their favor. This is not a group easily intimidated by a new governor’s high approval ratings, even if he is a member of their own party.

Spitzer and Silver agreed that a new comptroller would be selected from a list of qualified candidates put forward by an independent screening committee. The Assembly favored one of their own, Thomas P. DiNapoli and went along with Spitzer’s plan because they believed he would be among the finalists. He wasn’t and the Assembly opted to renege on the agreement.

DiNapoli, a Democrat is well liked among legislators from both parties because of his work to help bail out financially strapped Nassau County. His efforts garnered appreciation from suburban Republicans as well as Democrats and represent the consensus choice inside Albany’s clubhouse.

Spitzer has responded with characteristic bluntness. While promoting his new budget in Syracuse, he denounced local Assemblyman and fellow Democrat Bill Magnarelli:

“Bill Magnarelli is one of those unfortunate Assembly members who just raises his hand when he’s told to do so, and didn’t even bother to stand up and say, ‘Whose interests am I representing?’"

Governor Spitzer also canceled an introductory lunch with Assembly Democrats next Monday, as well as a $10,000 a plate fundraiser for the Democratic Assembly Campaign Committee. Escalating the conflict even further, Spitzer’s aides have let it be known he would criticize the votes of Assembly Democrats in swing districts where Republicans could make inroads.

One can’t help but admire Spitzer’s pugnacious tenacity on behalf of principle. He used the same approach as State Attorney General when he prosecuted corrupt brokerage houses on Wall Street ripping off the middle class. Spitzer’s unwavering pursuit of corruption propelled him to the governor’s mansion. However, being governor is far different then serving as the king of your own fiefdom as New York’s top lawyer.

Governing is about achievement. Achievement requires consensus. New York’s legislature appropriates funds and their cooperation will be required to pass budgets on time and enact Spitzer’s agenda for health care reform, education investment and restructuring New York’s finances.

Also, Spitzer’s budget calls for unpopular cuts with New York’s hospitals and making the tough calls can’t help but diminish his popularity. Albany’s nomenklatura will likely play a game of rope-a-dope and wait for Spitzer’s popularity to dissipate so they can cut deals from strength. Gridlock appears unavoidable unless Spitzer adopts a more conciliatory tone.

Spitzer however appears determined to make an omelet by breaking eggs. Can he pull it off? William Cunningham who served former Governors Hugh Carey and Mario Cuomo and most recently Mayor Mike Bloomberg, compared Spitzer’s style with former New York Governor Theodore Roosevelt:

“Roosevelt came in saying he was going to be a reform governor. He immediately got into a fight with Senator Platt, the head of the Republicans, a powerful political boss in the state. History remembers Teddy Roosevelt. You have to be a knucklehead like me to remember Boss Platt."

Perhaps we New Yorkers have a ringside seat to history. Hopefully, we’ll also have a better state when Spitzer leaves office.

Eliot Spitzer and Embryonic Stem Cell Research

George Pataki’s era of inertia and stagnation has been jettisoned. As the New York Times reports, state lawmakers are laying the groundwork for the “most ambitious government-financed stem cell project on the East Coast.”

When President Bush severely limited funding for embryonic stem cell research in 2001, it was up to state governments to fill the void. New Jersey immediately seized the initiative and pledged millions for stem cell research. Under Governor Arnold Schwarzenegger, California implemented a $3 billion bond initiative, and other states followed with ballot initiatives or legislation to give scientists grants or to build research centers.

My home state of New York remained a wallflower in the stem cell research dance. Remarkable, as New York is the proud home of elite research universities, medical centers and biotechnology companies. Furthermore, embryonic stem cell research can be a huge tax windfall for New York and stimulate job growth. Under Pataki’s lethargic leadership, legislative efforts to direct state funding for embryonic stem cell research was at a functional impasse.

Spitzer has proposed passage of a $2 billion 10-year bond initiative for research and development. Half of the money is to be allocated for stem cell research. To entice upstate Republicans, the economic growth component of the project is being heavily promoted. Upstate New York’s economy even struggled during the economic boom of the nineties so this project is likely to even attract support from conservative representatives.

Embryonic stem cell research is one example of Albany's new breeze. Progressives are understandably focused on Washington Democrats because of their new majority and the Bush era of corruption and war mongering. However, I’m more excited by what’s happening under the leadership of Democratic governors such as Montana’s Brian Schweitzer. As a New Yorker I’m encouraged by Eliot Spitzer’s start. His policy initiatives are ambitious and sensible. Spitzer's proposals on embronic stem cell research, illustrate the reality based community has a dynamic advocate inside the governor's mansion. It's been a long time.

The New Breeze From Albany

Understandably much of our nation’s focus regarding politics is on Washington as Democrats take control and the Bush Administration continues to prosecute their failed war in Iraq. Will Democrats take a stand or remain subservient? How will Democrats utilize their power for oversight and investigation? And numerous personalities inside the beltway from both parties are already jostling for position in the 2008 presidential election.

Just as important however are the newly elected Democratic governors and state legislators across the nation. In recent years state capitals have outflanked Washington regarding important issues such as global warming, minimum wage and health care. The New York Times reports today that state capitals are also outflanking Washington regarding changes to ethics and lobbying reform.

As a New Yorker I’m especially enthusiastic about incoming governor Eliot Spitzer (click here to read the text of Spitzer's inaugural address). In terms of corruption and pay to play politics, Albany has made Washington D.C. look like a beacon of rectitude in comparison. Another negative of Albany's culture has been governance by “three men in a room” as outgoing Governor George Pataki, Democratic Assembly Speaker Sheldon Silver and the Senate’s Republican Majority Leader Joseph Bruno made all the important policy decisions. Joining them in their room for a decade was a cabal of special interests and lobbyists while the public was ripped off.

Presently, both parties are back on their heels in Albany regarding ethics as Democratic State Comptroller Alan Hevesi resigned after pleading to a felony and the Republican’s Joseph Bruno recently revealed federal authorities were investigating his outside consulting work. Spitzer to his credit pushed political ally Alan Hevesi out the door after election-day and appears ready to spend his political capital on an ambitious reform agenda.

Today Spitzer signed five executive orders pertaining to procurement and the agencies his office has unilateral control over. He’s also imposing on his staff strict guidelines regarding bans on gifts and prohibiting any part of the executive branch from lobbying his office two years after they leave their posts.

The real challenge of course will be how much and how fast he can push Albany’s lethargic state legislature to accept in reforming state government as a whole. At the moment Spitzer dwarfs representatives from both parties but his popularity will inevitably decline as he makes tough calls regarding Albany's budget deficit.

In spite of the political challenges confronting Spitzer, one can feel a new breeze blowing from the state capital. Blair Horner, the legislative director of the New York Public Interest Research Group told the New York Times,

“He has talked about redistricting reform, he’s talked about campaign finance reform, he’s talked about ending pay to play and he’s talked overall about a transparent and accountable state government. If he accomplishes all of that, that’s probably more reform that we’ve seen in New York for the last 200 years.”

The previous Democratic governor Mario Cuomo talked a good game and his rhetorical gifts made him the darling of the national Democratic Party for years. Truthfully, Cuomo didn’t accomplish much as governor and the record suggests his greatest impact was constructing prisons that served the jail industrial complex. George Pataki defeated Mario Cuomo in 1994 partly by claiming to be a reformer and proceeded to govern as a lethargic corporatist. Let’s hope Spitzer turns out to be the real deal.