by Charlene Muhammad

LOS ANGELES (FinalCall.com)�Local inmate advocates and activists declared a Superior Court ruling ordering private businesses to pay comparable California state wages to inmate employees a two-in-one win, benefiting prisoners and their families that may also result in positive changes regarding issues of prisoner rights and abuse.

The ruling stems from a class-action lawsuit by inmates at the Richard J. Donovan Correctional Facility in Otay Mesa, Calif., against CMT Blues, a garment manufacturer, inmates said violated their rights to equal pay for equal work under California�s wage and labor requirements.

According to the suit, inmates worked a full month without pay as an unpaid training period and were not paid for overtime on 8 to 12 hour days. The ruling was issued March 11.

Inmates and CMT were partnered in 1990 after voters approved the California Department of Corrections� Joint Venture Program (Proposition 139), which recruits private businesses to setup operations and hire inmates within California State Prisons. The initiative allocates 20 percent of earned wages to inmates, less deductions for room and board, crime victim compensation, prisoner family support, forced inmate savings for use upon release and federal and state taxes.

The Corrections Department operates the Joint Venture Program in over 30 locations in California, and promises participating companies state tax incentives, no benefit expenses (retirement, vacation, sick leave, medical), low-cost, long-term lease agreements on state land, workers� compensation insurance discount rates, a consistent reliable work force, and an on-call labor pool for manufacturing, support services, assembly work, and recycling.

Economically, the program allows for restitution to victims of crime, decreased social welfare, defrayed incarceration costs, and assistance with parole adjustment, say its proponents. The program benefits include the development of sound work habits, job experience and decreased problems associated with inmate idleness, its proponents add.

Inmate benefits don�t measure up to the benefits to companies like CMT get, opponents argue. According to reports, CMT took in $5 million last year with $483,425 after taxes going to workers.

Prison advocates also believe the ruling primarily protects CMT�s competition.

"It�s probably more like a pilot just to see what�s going to happen. The main thrust, based on what�s reported, is unfair competition, because I don�t think they would do it to make it easier for someone on the inside, because that would set a precedent that could be used in other situations," stated Nation of Islam Western Region Prison Minister Charles Muhammad.

He believes the ruling could mean upgrades in inmate safety, medical care and other rights. "I think that for every victory as far as human rights is a victory for the prisoners� rights," he said.

Kara Gotsch, public policy coordinator for the National Prison Project, a litigation unit of the American Civil Liberties Union which advocates for prisoner�s First Amendment and Constitutional Rights, public education, and criminal justice reform, believes the win will help ward off discouragement, prisoners and ex-offenders experience.

"By this decision, they see that they do have rights and that their participation in the labor force is protected.

It�s encouraging for prisoners who were denied their right to proper pay," she stated. Ms. Gotsch does not believe, however, that the judge�s order will have a national impact.

The Joint Venture Prison Labor Initiative is similar to the Prison Industry Certification (PIE) Program created by Congress in 1979. PIE encourages state and local governments to establish job opportunities for prisoners similar to private sector work opportunities by placing inmates in realistic working environments in return for local wages. Both certified programs must meet statutory and guideline requirements, activists said.

One concern is how CMT Blues was able to be certified, even in violation of PIE program requirement, said Ms. Gotsch.

"I guess anytime you get an opinion that is favorable to prisoners, that�s good because ofttimes prisoners� calls for help are ignored. It would seem pretty simple because there is a law and they indeed violated it, but it�s not like this decision will create any new law," she added.

The Bureau of Justice Assistance, Prison Industry Certification Program Quarterly Reports said California prisons received a total of $1.9 million in gross wages for July 1, 1995 through June 30, 1996. The state�s deductions totaled $1.1 million ($373,077 to victim�s programs; $338,954 for room and board; $125,192 for family support; and $277,838 for taxes).

"This decision will mean a lot. It could mean the difference between them having someplace to come home to, and not, just that cut and dry. I think that�s good that wages would be given that are comparable to wages on the outside because it will allow someone to keep their family intact more so than not having that opportunity," Min. Muhammad said.