California fires: the heated debate on detained firefighters

Translated by Irene Cecchi

A huge ashtray. This is how many called Los Angeles after falling victim to a lethal combo of wind and dryness that paved the way to the fire that has been dominant in the last weeks.

More than a hundred thousand people saw their homes set on fire, a tangible proof that climate change doesn’t have regard neither for Hollywood stars. The situation in California is well known: more than 20 big fires devastated the West Coast in the last 20 years. In this kind of situation, firefighters give a huge hand, with many of them being former inmates guilty of minor crimes. Even though their help is fundamental in the fight against fire, the issue of their working conditions still raises controversy for the related arguable policies.

Slavery Clause and inmates employment in California

In 1865, the Constitution XIII amendment officially abolishes slavery in the United States but the same amendment includes an important clause:

“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”.

This clause allows “involuntary slavery” as a crime punishment, taking place mainly as exploitation in vulnerable sectors, with evident human rights violations. The debate on this issue is century long and comes back especially in occasions like this one, with people claiming that it is a way to legalize “hidden” slavery.

In some States like California, inmate labor is voluntary, meaning that whoever wants to work as firefighter or in any other emergency situation has to sign a written consent. The jobs they do can vary from jail maintenance to companies who want cheap forces, they are often employed in the agricultural field in precarious conditions and exposed to great fatigue under the sun without protection.

An occasion for redemption: a double-edged sword

As of today, the United States has 2.2 million inmates and, according to the California Department of Corrections and Rehabilitation (CDCR), about 950 of them are currently employed in the frontline against fires in Los Angeles. Many of them consider themselves lucky to be able to help in emergency situations.

“We are building a good reputation for ourselves, when you get out with the uniform they don’t care who you are and what you have done, you are a fireman and that's all”.

However, this kind of “volunteering” is a double-edged sword. Many inmates decide to take part in these programs because they believe it’s an opportunity to reduce their time and prove their desire for redemption. But there are legitimate fears that these promises don’t actually lead to any benefit, turning what seems an opportunity into a way to implicitly pressure inmates to accept harsh working conditions. Moreover, there is a rule that deny some inmates the possibility to obtain an EMT licence (Emergency Medical Technician) until ten years after their release.

Beyond intensive training, inmates are not provided with adequate preparation to face the risks of such jobs. In California, the traditional path to become a fireman lasts from 2 to 5 years and requires a series of certificates that ensure he is able to manage high risk situations. According to a Freedom United report, an organization that raises awareness on modern slavery, the death risk for these people is four times higher than their colleagues, and eight times higher if related to injury risk.

In addition, the average salary consists of 80.000$ per year, way higher than the 5 to 10 dollars a day that inmates earn, a compensation that is below the California minimum wage of $16,50 hourly. It’s evident the significant disparity for these people, both in terms of wage and human rights.

These examples prove how the Slavery Clause fosters a work system that allows the employment of inmates in under-standard conditions, both for wage and protection. What seems an opportunity to redeem themselves often turn out to be just a strong pressure, with promises of benefits that do not always occur. The life risk is high, the working conditions are precarious, the compensation doesn’t align with the faced risks. This issue raises moral and juridical questions since it allows exploitation activities that go beyond mere volunteering. In a context where climate change puts bigger challenges in front of us, it’s fundamental to review the policies for inmate employment so that what is presented as a “second chance” doesn’t turn into an exploitation that fosters inequalities and injustices.

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