# Do any states in the US allow prison sentences at hard labor?

**URL:** <https://boards.straightdope.com/t/do-any-states-in-the-us-allow-prison-sentences-at-hard-labor/518057>\
**Category:** Factual Questions\
**Created:** [November 18, 2009, 7:21pm UTC](https://boards.straightdope.com/t/do-any-states-in-the-us-allow-prison-sentences-at-hard-labor/518057 "2009-11-18T19:21:21Z")\
**Posts on this page:** 3\
**Page:** 2

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**Author:** ![SMullen](https://avatars.discourse-cdn.com/v4/letter/s/a587f6/32.png) [@SMullen](https://boards.straightdope.com/u/SMullen)\
**Post date:** [November 19, 2009, 4:27pm UTC](https://boards.straightdope.com/t/do-any-states-in-the-us-allow-prison-sentences-at-hard-labor/518057/21 "2009-11-19T16:27:07Z")

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GFactor, I’d also like to thank you for the research. I’m hoping to pursue this with my state legislator.

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**Author:** ![Sigmagirl](https://avatars.discourse-cdn.com/v4/letter/s/c89c15/32.png) [@Sigmagirl](https://boards.straightdope.com/u/Sigmagirl)\
**Post date:** [November 19, 2009, 5:04pm UTC](https://boards.straightdope.com/t/do-any-states-in-the-us-allow-prison-sentences-at-hard-labor/518057/22 "2009-11-19T17:04:25Z")

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> [@Hello\_Again](#):
>
> All states allow prisoners to work at labor. For the most part they work directly for the state, in such a way as to reduce the cost of their incarceration (such as: prison maintenence or laundry) The 37 states in the article listed above allow prisoners to work in a way that produces goods that compete in the open market which is generally illegal, but is legal when a program is specifically certified in compliance with certain Federal laws. (this is why they are and must be paid at least minimum wage - most prisoners who work, are not _entitled_ to pay at all and when they do receive it, it is around $1/hr)

Aren’t there some cases where the money the prisoner earns goes to defray the damage he’s done? In the OP’s case, maybe reimbursing the insurance company for the losses they’ve covered for the arson, or in other situations, repaying people stolen money?

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**Author:** ![Hello\_Again](https://avatars.discourse-cdn.com/v4/letter/h/85e7bf/32.png) [@Hello\_Again](https://boards.straightdope.com/u/Hello_Again)\
**Post date:** [November 19, 2009, 6:22pm UTC](https://boards.straightdope.com/t/do-any-states-in-the-us-allow-prison-sentences-at-hard-labor/518057/23 "2009-11-19T18:22:09Z")

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> [@Sigmagirl](#):
>
> Aren’t there some cases where the money the prisoner earns goes to defray the damage he’s done? In the OP’s case, maybe reimbursing the insurance company for the losses they’ve covered for the arson, or in other situations, repaying people stolen money?

A. Prisoners can be made to work without pay.  
B. If they receive pay, it does not have to be minimum wage. The usual pay in a state prison is a few cents an hour; across all state prison systems, the pay is 2.26-$6.52 in the industrial sector, and only $1.03-$4.38 in the non-industrial sector. The amounts listed above are total pay for a 7 hour workday.  
C. Only prisoners participating in a certified program at the state level (called PIECP, Prisoner Industries Enhancement Certification Program) must be paid equal to non-incarcerated workers doing the same job (“wage parity”). As of 2000, only 3700 prisoners, nationwide, participated in PIECP work programs. That’s a very small fraction of prisoners. I’m sure the program has expanded since then but the fact remains that _most_ working prisoners receive little pay.  
D. If they work, and receive pay, the state may dock a large proportion to offset costs of incarceration and reparations. (I believe it is 80% but I can’t find my cite)  
E. 88% of prisons have a work program; 54% of those in a prison with a work program do some work.

Citations available upon request. The primary source is the Bureau of Justice Statistics.

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