The Question

Should the California Constitution be amended to: (1) remove the provision that allows involuntary servitude to be used as punishment for a crime;  (2) prohibit incarcerated people from being punished for refusing a work assignment; and (3) allow incarcerated people to voluntarily accept work assignments in exchange for credit to reduce their sentences?

The Situation 

California’s Constitution mirrors the 13th Amendment of the U.S. Constitution, which allows for involuntary servitude as punishment for crimes. 

Although no courts explicitly order forced labor as a part of criminal sentencing, it is standard practice to force incarcerated people to perform labor.  California is among 16 states with an exception clause for involuntary servitude in its state constitution. Most recently, voters in Alabama, Oregon, Tennessee, and Vermont removed involuntary servitude language from their state constitutions.

More than 94,000 Californians are currently in state prison.  Black people are disproportionately represented in the prison population – accounting for 28% despite making up less than 6% of California’s overall population.

The Proposal

Proposition 6 would amend the California Constitution to end mandatory work assignments for state prisoners.  It would make employment voluntary for incarcerated people and would protect them from being disciplined for refusing a work assignment. It would authorize credits for incarcerated people who voluntarily participate in work assignments.

Fiscal Effects

Fiscal effects are uncertain. Proposition 6 doesn’t mandate wages and a related law, that will go into effect if Prop 6 passes, explicitly exempts California Department of Corrections and Rehabilitation (CDCR) from minimum wage laws.  It also specifies that the compensation for work assignments will be set through regulations. The costs will also depend on whether courts require prisoners to be paid minimum wage for their work. Any potential increase or decrease in state and local criminal justice costs likely would not exceed the tens of millions of dollars each year (annually).

Supporters Say

• Involuntary servitude is an extension of slavery. There’s no room for slavery in our constitution, which should reflect our values in 2024.  
• Proposition  6 prioritizes rehabilitation for incarcerated people by allowing them to choose work assignments that enable participation in programs that facilitate personal growth and transformation.
• Proposition 6 was placed on the ballot by California state lawmakers with bipartisan support.

Opponents Say

There are no official opponents.

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