The State of Prison Food in New England. A Survey of Federal and State Policy

By The Vermont Law and Graduate School, Center for Agriculture and Food Systems

Approximately 2 million people are incarcerated in the United States. While law- and policymakers have focused some attention on improving conditions for individuals who are incarcerated, the issue of food in prisons has not been at the forefront of prison policy reform. In recent years, there has been increased attention focused on this issue in New England—a region marked by some successful efforts that reduced costs, increased access to fresh local foods, and provided skills and training. Many correctional officials and food service managers in the New England region and beyond are working hard with limited means in a policy landscape that often makes it difficult to increase the quality of prison food. This report is intended to assist policymakers, correctional facility administrators, food service managers, food justice advocates, and the public in understanding the complex set of constitutional, federal, and state laws and policies impacting the prison food system to identify opportunities for reform in the New England region. People of color are disproportionately represented in the prison population; incarceration rates are 1.3 to 6 times higher for people of color than for white people. Notably, Black Americans comprise 38 percent of the prison population despite constituting 13 percent of the US population. In some New England states these disparities are even more stark. Both Connecticut and Maine maintain a disparity of 9:1 between Black and white individuals who are incarcerated, and Massachusetts leads the country in ethnic disparities. While poverty represents both a substantial cause and effect of incarceration, many individuals who are incarcerated also demonstrate additional factors of socioeconomic marginalization, including food and nutrition insecurity, low educational attainment, and high unemployment rates, as compared to the general population. In the US, rates of food insecurity and very low food security are “significantly higher than the national average” for non-Hispanic Black and Hispanic households. Consequently, for Black individuals who are incarcerated, food insecurity may present a challenge prior to, during, and after incarceration. Additionally, since many individuals continue to experience food and nutrition insecurity upon release due to difficulty securing employment, the health impacts can be ongoing. Much public attention focuses on privately owned prisons, yet less than eight percent of the prison population is housed in them. In fact, most individuals who are incarcerated are held in publicly operated federal or state prisons, facilities which are often required to follow procurement policies and guidelines for purchasing food. This provides an opportunity for states to consider developing procurement policies directed at the same goals as other institutional procurement policies: economic development through local preference and improved health.

South Royalton, VT: Vermont Law and Graduate School, 2023. 54p.