Hidden corporate profits in the U.S. prison system: the unorthodox policy-making of the American Legislative Exchange Council

Abstract

Using a leaked document trove containing 800 model bills, we analyze the American Legislative Exchange Council’s (ALEC) hidden corporate profit making in the prison–industrial complex. We find that ALEC seeks to expand the private prison industry in three ways: (1) promoting greater use of private prisons, goods, and services, (2) promoting greater use of prison labor, and (3) increasing the size of the prison population. ALEC’s efforts to increase the prison population by expanding definitions of existing crime, creating new crimes, enhancing enforcement of existing crimes, amending the trial process to increase the likelihood of incarceration, and lengthening prison sentences for crimes pose a threat to civil liberties. ALEC’s unorthodox policy approach exemplifies John Gaventa’s theory that powerful interests maintain their power by creating conditions in which citizens are not able to identify and advocate on behalf of their interests.

Keywords:

• Special interest groups
• American Legislative Exchange Council
• lobbying
• corporate power
• civil liberties
• political corruption
• prison industrial complex

Notes

1. Some model bills fit into more than one category.

2. See the ‘Probate Court Juvenile Trial and Sentencing Act.’

3. See the ‘Targeting Contracting for Certain Correctional Facilities and Services Act.’

4. See the ‘Prescription Non-Narcotic Assured Access Act.’

5. See the ‘Model State Bill Prohibiting Wireless Handsets in Prison.’

6. CHC Community Health Services, Electronic Monitoring, https://www.chccommunityhealthservices.com/monitoring/electronic-monitoring/ (April 1, 2013).

7. See the ‘Ignition Interlock Device Act.’

8. See the ‘DNA Profiling Act.’

9. American Bail Coalition, October 2010 Newsletter, http://www.americanbailcoalition.com/documents/ABC_Newsletter.pdf, (April 6, 2013).

10. See the ‘Conditional Early Release Bond Act.’

11. See the ‘Bail Agent Education and Licensing Act.’

12. See the ‘Crimes with Bail Restrictions Act.’

13. See the ‘Citizens’ Right to Know: Pretrial Release Act,’ the ‘Uniform Bail Act,’ and the ‘Anti-Crime Act.’

14. See the ‘Bail Bond Expiration Act,’ the ‘Bail Forfeiture Relief and Remission Act,’ the ‘Bail Forfeiture Notification Act,’ and the ‘Bail Forfeiture Payments Act.’

15. Bill Moyers, 201. ‘United States of ALEC,’ Moyers & Company.

16. See the ‘Prison Industries Act.’

17. See the ‘Organized Retail Theft Act,’ the ‘Unlawful Use of Theft Detection Shielding or Deactivation Devices Act,’ and the ‘Theft from Three Separate Mercantile Establishments Act.’

18. See the ‘Unused Property Market Act.’

19. See the ‘Taxpayer and Citizens Protection Act’ and the 7H0 ‘Criminal Record Reporting Act.’

20. See the ‘Theft Using Emergency Exit to Avoid Apprehension or Detection Act.’

21. See the ‘Criminal Justice Drug Testing Act.’

22. See the ‘Zero Tolerance For Underage Access Act’ and the ‘Suspension of Professional Licenses Act.’

23. See the ‘Drug-Free Post-Secondary Education Act.’

24. See the ‘Use of a Minor in Drug Operations Act.’

25. See the ‘Criminal Justice Drug Testing Act.’

26. See the ‘Drug-Free Housing Project Act.’

27. See the ‘Methamphetamine Reduction Act.’

28. See the ‘Immigration Law Enforcement Act.’

29. See the ‘No Sanctuary Cities for Illegal Immigrants Act.’

30. See the ‘Responsible Scrap Metal Purchasing and Procurement Act.’

31. See the ‘Bail Fugitive Recovery Persons Act.’

32. See the ‘Child Abuse Investigation Reform Act.’

33. See the ‘Drug-Free Schools Act;’ ‘Methamphetamine Reduction Act.’

34. See the ‘Act Concerning the Release of a Registered Sex Offender into the Community’ and ‘ALEC’s Model Legislation to Pursue and Control Child Predators.’

35. See the ‘Conditional Early Release Bond.’

36. See the ‘Taxpayer and Citizen Protection Act’ and the ‘No Sanctuary Cities for Illegal Immigrants Act.’

37. See the ‘Drug-Affected Infants Act.’

38. See the ‘Resolution in Support of H.O.P.E Act.’

39. See the ‘Conditional Early Release Bond Act.’

40. See the ‘Treatment Center Accountability Act.’

41. See the ‘Drunk Driving Prevention Act.’

42. See the ‘Workplace Drug Testing Act;’ ‘State Employment Drug-Free Workplace Act.’

43. See the ‘Criminal Justice Drug Testing Act.’

44. See the ‘Uniform Bail Act,’ ‘Anti-Stalking Act,’ and the ‘Immigration Law Enforcement Act.’

45. See the ‘Electronically Issued Warrants Act.’

46. See the ‘Bail Fugitive Recovery Persons Act.’

47. See the ‘Exclusionary Rule Act.’

48. See the ‘Criminal Justice Drug Testing Act.’

49. See the ‘Methamphetamine Reduction Act.’

50. See the ‘Statute of Limitations for Offenses Against Children Act,’ the ‘Sexual Offenses Against Children Act,’ the ‘Environment Corrupt Organizations-Preventative Legislation and Neutralization Act,’ and the ‘ Drug Dealer Liability Act.’

51. See the ‘Insanity Defense Reform Act.’

52. See the ‘Victim and Witness Address Confidentiality Act’ and the ‘Constitutional Amendment For Victim’s Rights.’

53. See the ‘Minimum-Mandatory Sentencing Act’ and the ‘Post-Waiver Juvenile Sentencing Act.’

54. See the ‘Organized Retail Theft Act.’

55. See the ‘Emergency Powers Firearm Owner Protection Act.’

56. See the ‘Use of a Minor in Drug Operations Act.’

57. See the ‘Juvenile Use of a Dangerous Weapon Act.’

58. See the ‘Sexual Offenses Against Children Act.’

59. See the ‘Mandatory Sentencing for Repeated Felony Theft From a Retail Store Act.’

60. See the ‘Habitual Violent Offender Incarceration Act.’

61. See the ‘Laser Safety Act.’

62. See the ‘Drunk Driving Prevention Act.’

63. See the ‘Underage Drinking House Parties Act.’

64. See the ‘Truth in Sentencing Act.’

65. See the ‘Community Corrections Performance Incentive Act,’ the ‘Recidivism Reduction Act,’ the ‘Community Corrections Performance Measurement Act,’ the ‘Open Parole Hearings Act,’ the ‘Resolution in Support of Justice Reinvestment,’ and the ‘Alternative Method of Court Appearances Act.’

66. See the ‘Anti-Crime Act,’ ‘Bailable Offences Act,’ the ‘Uniform Bail Act,’ the ‘No Sanctuary Cities for Illegal Immigrants Act,’ and the ‘Juvenile Rehabilitation and Release Act.’

67. See the ‘Crimes With Bail Restrictions Act’ and the ‘Citizens’ Right to Know: Pretrial Release Act.’

68. See the ‘Resolution in Support of H.O.P.E’ and the ‘Swift and Certain Sanctions Act.’

69. See the ‘Act Concerning the Release of a Registered Sex Offender into the Community,’ the ‘Sexual Offenses Against Children Act; “Criminal Record Reporting Act,’ the ‘Probate Court Juvenile Trial and Sentencing Act,’ the ‘The Animal and Ecological Terrorism Act (AETA),’ and the ‘Publication of Drug Offender Photographs Act.’

70. See the ‘Resolution in Support of the Second Chance Act.’