Slavery is being practiced by the system under the color of law.... Slavery 400 years ago, slavery today; it's the same thing, but with a new name. They're making millions and millions of dollars enslaving blacks, poor whites, and others--people who don't even know they're being railroaded.
--Political Prisoner Ruchell Magee 
Despite a chilling official silence, 1995 was a bombshell in the "war on crime." In this one year alone, 150 new prisons were built in the United States and 171 existing prisons were expanded. This was the year the crime bill was passed, mandating that 100,000 additional police officers be added to the already enormous law enforcement establishment. In California, this was the first year that the state budget allocated more money for prisons than higher education. Most astonishingly, with one short day of media attention, 1995 was the year that Alabama's governor Fob James, and other state officials, made the callous and horrifying decision to reinstate the nationally abolished chain gang.
The return of chain gangs, as well as the return of convict leasing, in the last decade, comes on the back of extensive state-run prison industries and convict labor programs. As the prison population has continued to grow, convict productive labor and employment has developed into one of the largest growth industries. The significance of this movement toward mass incarceration must be seen in a historical context. It is crucial to understand that, though incarceration has been normalized as society's natural response to crime, there was not always a prison system in this country. Examining how the prison system was developed and how it operates today, it is clear that this form of social control has been deeply linked to the institutionalization of racism, working-class oppression, and labor exploitation.
"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, or any place subject to their jurisdiction." Before the abolition of slavery there was no real prison system in the United States. Punishment for crime consisted of physical torture referred to as corporal or capital punishment. The first penitentiaries were designed in England and France in response to growing criticism of the extreme use of public violence as the only means of deterring crime. In Their Sisters' Keepers, Estelle Freedman explains that the basis of the penitentiary was that the detention itself was the punishment, and the "penitentiary ideal consisted of extreme isolation of criminals from society, extensive supervision over their daily lives, and compulsory productive labor." 
One of the first penitentiaries in the United States was opened in Auburn, New York. With a structure combining separated confinement with silent collective work, this penitentiary became the model for most prisons in the United States. A few years after this first prison was opened in Auburn, New York in 1817, a local citizen was given a contract to operate a factory within the prison.  In these initial penitentiaries the state used convict labor for government production and contracts were given to certain private businesses to operate within the prisons. Prisoners were also leased out to private bidders to be housed, fed, and worked as slaves, which was referred to as the Convict Leasing System. Initially, inmate labor was purported to assist in the discipline and redemption of criminals; however, the potential net profit from convict labor was the driving force of the popularity of the Auburn system throughout the South.
Historian Fletcher M. Green wrote that by the 1840s, "the development of prosperous prison industries was the most earnest concern of the wardens in all state prisons, and the penitentiary that was the least expensive was considered the most successful." 
After the Civil War, the 13th Amendment officially abolished slavery for all people except those convicted of a crime. Legally allowing any such individual to be subjected to slavery and involuntary servitude opened the door for mass criminalization: a social mechanism designed to bar the liberty and equality that was the promise of emancipation from slavery. When African Americans were no longer legally held as slaves or property, there was a tremendous increase in the number of African-American convicts. Before the Civil War, laws called the Slave Codes governed the rights of slaves and all African Americans in the South. When slavery was legally abolished, the Slave Codes were rewritten as the Black Codes, a series of laws criminalizing legal activity for African Americans. Through the enforcement of these laws, acts such as standing in one area of town or walking at night, for example, became the criminal acts of "loitering" or "breaking curfew" for which African Americans were imprisoned. In the late 19th-century South, an extensive prison system was developed in the interest of maintaining the power, race, and economic relationships of slavery.
From the beginning there was criticism of the cruelty and brutality in the convict lease system. Journalists, community members, ministers, dockers, and union organizers worked to draw attention to the experiences of state prisoners. Women, such as Rebecca Felton in Georgia and Julia Tutwiler in Alabama, organized demonstrations and "crusades" targeting specific camps or politicians. Finally in the 1890s, legislative reports were issued describing the brutal daily beatings, often with leather straps studded with wooden shoe pegs, inflicted on the workers in these camps.  The rise in prison reform organizing in the 1930s also brought attention to some of the experiences of female convicts.
One investigative committee in Tennessee found that women were being made to work in a hosiery mill, and were often flogged, hung by their wrists, or placed in solitary confinement as punishment for poor productivity at the work site.  In the face of these demonstrations and public reports, politicians could no longer ignore the descriptions of African Americans being beaten with whips so heavy that if they survived, their wounds were never able to heal. Mississippi was the first southern state to abolish the convict lease system, with a constitutional amendment enacted in 1894 prohibiting the lease of convicts, "to any persons or corporations, public or private." In Tennessee, years of strikes involving convicts and union workers together forced the government to abolish the lease system. By the 1930s every state had abolished convict leasing. 
The fundamental "reform" in abolishing convict leasing and replacing this system with chain gangs was that the state now owned the convicts and their labor. Whereas previously the bureaucracy of the state had been the supplier of convict labor for private industries, they now became the direct exploiters. For over 30 years, African-American, and some white, convicts in the chain gangs were worked at gunpoint under whips and chains in a public spectacle of clear chattel slavery and torture. Eventually, the brutality and violence associated with chain gang labor in the United States gained worldwide attention. As reformists learned about the endless stories of prisoners dying in sweat boxes after being beaten by the guards, and of teenage boys being whipped to death, they began organizing and calling for an end to the use of extreme violence against convicts. Historian and theorist, Walter Wilson, was particularly critical of the ideology behind these movements, since they focused only on the most outward displays of violence. In 1933, Wilson wrote of this reform movement:
When some of the inhumane tortures that constantly occur on the gangs are forced into the light, reformers and liberal apologists for capitalism are "shocked" and call for an investigation. The investigation usually whitewashes the prison system as a whole by pinning the blame on one or two subordinate guards who are then dismissed. The reformers then go into ecstasy over their "victory." Cases involving the dismissal of certain guards were hailed as the "abolition of whipping," until the next horrifying story of torture was released. Reformers failed to address the fundamental problem of violent domination, control, and isolation forming the basis of the penitentiary system from which the chain gangs had emerged. They failed to realize that there could be no benevolent form of a chain gang. Consequently this system of overt slavery persisted through all the minor reforms. The chain gang was finally abolished in every state by the l950s, almost 100 years after the end of the Civil War. 
The Department of Corrections maintains that work in the institution is voluntary; however, each day worked reduces a prisoner's sentence by one day.  Therefore, those who refuse to work will serve twice as long a sentence as the convicts who agree to work. In addition, the "Work/Privilege Group" classification process further punishes prisoners who refuse to work. There are four work/privilege classifications for prisoners: A = full time work, B = half-time work/waiting list, C = refuses to work, D = special segregation unit prisoners. The prisoners who refuse to work, labeled as Group C, are "not entitled to family visits, and are limited to one-fourth of the maximum monthly canteen draw. Telephone calls are permitted only on an emergency basis as determined by the institution's staff. While access to the yard is allowed, no special packages or access to other recreational or entertainment activities are allowed."  These extreme coercive tactics contradict the claim that labor is voluntary.
By 1982, when the California Correctional Industry was transformed into the Prison Industry Authority, the issue of inmate rehabilitation wasn't even included in the industry's statement of purpose. The legislature created the PIA so that the industries run within California prisons would be economically independent and self-supporting, "allowing it to function outside the normal State budgetary process." Given the rising cost of imprisonment and the increasing tax burden, the PIA had been "vested with the powers and responsibilities characteristic of a private corporation," placing profit at the center of the organization of production.  The current mission statement of the PIA is:
There is nothing in this mission statement that indicates any commitment to training or rehabilitation. The PIA mission statement focuses on the profiteering interests of an industry that can rely on a stable, growing, exploitable population of workers who are prohibited from organizing on their own behalf.
One of the most important aspects of Proposition 139 is its repeal of the principle that labor in prison must be voluntary:
The people of the state of California find and declare that inmates who are confined in state prison or county jails should work as hard as taxpayers for their upkeep, and that those inmates may be required to perform work and services. The initiative mandates that prisoners be made to work to pay for their imprisonment, and reintroduces private industry into the prison to benefit from this unprotected labor. By June of 1994, 13 corporations were operating in California prisons, including a computerized telephone message center for Tower Communications in the California Rehabilitation Center in Norco, green waste recycling for Western Waste Industries in the California Institute for Men in Chino, and electronic component manufacturing for Quality Manufacturing Solutions, Inc. in the Central California Women's Facility in Chowchilla.
Within the current processes of economic globalization, the establishment of the Joint Venture Program has opened California prisoners to be used as a new labor supply and to be manipulated within the world economy to meet the interests of transnational corporations. Within the global economy, the United States is becoming an increasingly service-based economy, and many of the manufacturing and textile jobs prisoners are supposedly being trained for don't even exist here anymore. Economic globalization has completely altered the relationship between capital and labor that existed within the economy of this capitalist nation-state, where massive increases in incarceration directed at working-class communities and communities of color would formerly have interfered with the interest of many corporations by diminishing the labor pool. The hypermobility of capital has created an economic setting that allows for mass incarceration, because there is no longer a strong economic need for a large, free, unskilled, unemployed population of workers in this country.  Capital can easily expand its supply of labor to include any exploitable population of workers throughout the world, including incarcerated workers.
Several prisoners have voiced protest to the return of this horrific practice. Michael Lamar Powell, a convict in Limestone Correctional Facility in Capshaw, Alabama, has been particularly aggressive in writing public statements to expose the injustices of imprisonment in Alabama and across the United States. This recent essay, "Modern Slavery: American Style," addressed the significance of the return of chain gangs in Alabama and the lack of any real criticism in the international response.
Alabama is now proving the past is not always past. Alabama has become the first state in the nation to re-institute chain gangs. However, the worst part about chain gangs in Alabama is not the young men chained together in groups of five as they urinate and defecate… not the cuts and bruises that the chains inevitably leave on the legs and ankles of the young men... the inadequate or total lack of medical treatment... the total lack of access to the courts... nor the dehumanization of these young men in chains and their abrupt return to the slavery of their ancestors. The worst part of the chain gang in Alabama is that the rest of the world rushed to see it.On May 4, 1995, the papers were flooded with pictures of prisoners working in chains. The pictures were romanticized and nostalgic in such a compelling way that Life magazine followed up this one-day photo opportunity with a photo essay on the chain gangs. The first line read, "The chains are strangely beautiful."  As Michael Lamar Powell wrote, the mainstream media response was not criticism and outrage, but rather surprise and interest. [As the result of a class action lawsuit brought by the Southern Poverty Law Center, claiming that chain gangs are cruel and unusual punishment, in June 1996, Alabama abandoned the practice of chaining inmate work crews together.--E.R.]
...The rest of the world is jealous. They too want their own slaves. So they wait and watch so that they can do it too, so they can do it with less problems. America, the last country to outlaw slavery, now becomes the country to teach the rest of the world to enslave legally.