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Can “race‐neutral” program eligibility requirements in criminal justice have disparate effects? An examination of race, ethnicity, and prison industry employment

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Criminology & Public Policy

Published online on

Abstract

["Criminology & Public Policy, Volume 21, Issue 2, Page 405-432, May 2022. ", "\nAbstract\n\nResearch Summary\nThis study assesses whether racial and ethnic disparities exist in prison industry employment and whether seemingly race‐ and ethnicity‐neutral eligibility requirements contribute to any such disparities. We examine whether there are racial/ethnic disparities in industrial prison work, the extent to which disparities are explained by administrative policies, and the conditions under which disparities are most pronounced. Using 10 years of prison administrative data from Ohio, this study employs multilevel and mediation analyses to examine the effects of race and ethnicity on the odds of working an industrial prison job. Results suggest that Black and Hispanic incarcerated persons (IPs) are less likely to work industry jobs than White IPs. The majority of this disparity stems from program requirements; however, some disparities maintain even when accounting for requirements. Black IPs who do not meet program requirements are less likely to work than White IPs who do not meet program requirements. Racial disparities are smaller in facilities with greater racial heterogeneity among correctional staff.\n\n\nPolicy Implications\nIn our discussion, we underscore how prison policies can contribute to racially and ethnically disparate incarceration experiences. The results suggest the importance of evaluating prison and other correctional policies that utilize selection criteria that appear race neutral but are likely to be disparate in their consequences. Moreover, policies aimed at diversifying staff may contribute to more equitable prison experiences for non‐White incarcerated people, although doing so does not directly address underlying policy problems that lead to inequalities.\n\n"]