Remove Involuntary Servitude as A Punishment for Crime
It’s shocking that slavery and involuntary servitude exist in this day and age — but it’s still enshrined in California’s constitution. Join RPA as we vote for an end to this exploitative system in November.
What does the law say?
Section 1 of the 13th Amendment of the U.S. Constitution states: “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 problematic precedent was adopted by many states in the late 1800’s, including California. Others include Arkansas, Indiana, Kentucky, Minnesota, Mississippi, Nevada, North Dakota, Wisconsin, Georgia, Iowa, Kansas, Louisiana, Michigan, North Carolina, and Ohio.
All for profit: the prison industrial complex is modern-day slavery
Today, private prisons and companies use this loophole to continue the heinous legacy of forced labor to maintain their profits. Common jobs include janitorial duties, food service, hospice care, and fire fighting. Incarcerated workers do not benefit from the protections enjoyed by other workers, such as a living wage, worker’s compensation, basic safety standards, and the right to unionize.
Article I, Section 6 of the California Constitution states: "Slavery is prohibited. Involuntary servitude is prohibited except to punish crime."
This means that the Department of Corrections and Rehabilitation currently has the right to discipline incarcerated persons for refusing forced labor assignments.
For example, the Ruelas v. County of Alameda case, the U.S. The District Court for the Northern District of California denied a request by inmates to be paid minimum wage by food services contractor Aramark. Other prominent companies that are exploiting the prison labor system include McDonald’s, Walmart, and Costco. While some companies may not use forced labor outright, they may also utilize suppliers who do.
What would Prop 6 change?
Prop 6 would instead award time credits to those who voluntarily participate in work assignments. These time credits can then be used in the same manner as time credits for good behavior or participating in education and vocational training programs. Depending on the jurisdiction, these credits could help reduce sentence length and increase the chances of parole.
Voting “yes” on Prop 6 will remove language permitting slavery and involuntary servitude as a punishment for crime absolutely.
Who’s in favor?
The RPA is proudly standing by the California Labor Federation, the ACLU of California, and the Abolish Slavery National Network — who have all endorsed Prop 6. We sincerely hope you vote “yes” this November.