In abstract
The California Structure permits involuntary servitude as prison punishment, a observe that advocates liken to slavery. Prop. 6 would repeal that language and permit incarcerated individuals to prioritize rehabilitation.
Californians are voting right this moment on whether or not to ban pressured jail labor by approving Proposition 6.
The measure would amend the state’s structure to repeal a provision that permits involuntary servitude as a type of punishment. It will make work assignments voluntary and permit incarcerated individuals to prioritize rehabilitation.
“This is our moral obligation of our generation — to remove all vestiges of slavery from everything we do in California, especially our Constitution,” mentioned Democratic Assemblymember Lori Wilson of Suisun Metropolis, who sponsored the invoice that positioned Prop. 6 on the poll.
California mandates tens of hundreds of incarcerated individuals to work at jobs – lots of which they don’t select — starting from packaging nuts to doing dishes, to creating license plates, sanitizer and furnishings for lower than 74 cents an hour, in response to legislative summaries of jail work.
If an individual doesn’t full their work, no matter sickness, damage or bereavement, they face punishment, corresponding to disciplinary infractions, which may result in shedding privileges together with visits from relations. Prop. 6 would prohibit the Division of Corrections and Rehabilitation from disciplining incarcerated individuals who refuse a piece project.
“Nothing about prison slavery is good for rehabilitation and rehabilitation is what’s good for public safety,” mentioned Carmen Cox, director of presidency affairs at ACLU California Motion. “Ending slavery is morally right (and) fiscally sound. Practically speaking, it’s a win-win for everyone because why keep funding recidivism?”
Findings from a report earlier this yr by the California Division of Corrections and Rehabilitation “point to lower recidivism rates for those who earned credits from participation and completion of rehabilitative programming.”
Supporters of Prop. 6 say that the choice to finish pressured jail labor is lengthy overdue. The measure has garnered assist from Democratic celebration leaders, public staff unions, and dozens of advocacy teams who view their efforts as a part of a nationwide motion to finish a racist legacy and abolish slavery.
“Accountability is not going in there and pushing a broom all day,” mentioned J Vasquez, a previously incarcerated organizer with the advocacy group Communities United for Restorative Youth Justice. “It’s about someone working on themselves so when they come back to the community, we all benefit.”
The measure confronted no funded opposition, however polls confirmed uncertainty of its success.
The same try to ban pressured jail labor failed in 2022. On the time, the California Division of Finance opposed the proposal, noting that it had the potential to drive up jail spending by $1.5 billion yearly to supply minimal wage to incarcerated employees. This time, lawmakers adjusted what grew to become Prop. 6 to make clear that the Division of Corrections and Rehabilitation will set wages for voluntary work assignments in state prisons.
‘A highway for exploitation’
Proponents of Prop. 6 say California’s constitutional provision has created “a highway for exploitation” that hampers an incarcerated individual’s potential to take part in rehabilitation.
“A lot of the programs that are vital to rehabilitation are held at the same time as the majority of the forced work assignments,” mentioned Lawrence Cox, regional advocacy and organizing affiliate at Authorized Companies for Prisoners with Kids.
That stress successfully makes rehabilitation a secondary precedence and hinders an incarcerated individual’s potential to arrange for launch, the measure’s supporters say.
“What does it mean to remove barriers from rehabilitation?” Cox mentioned. “95% of the carceral population will return back to the streets one day. So if we’re really serious about restoring our communities and decreasing public safety issues, then we have to focus on and prioritize rehabilitation.”
Cox and different supporters made it clear that their marketing campaign values work. Prop. 6 would enable incarcerated individuals to inconsequentially opt-out of working jobs that do nothing to arrange them for his or her return dwelling.
“Prop. 6 doesn’t do away with labor. Folks want the jobs, but they want to be able to prioritize their rehabilitation,” mentioned Cox of ACLU. “(With Prop. 6), you will give consent to a voluntary work assignment and that will free you up to be able to take advantage of these programs that we’re paying $14 billion a year for our state prisons.”
Roughly 40% of individuals launched from state prisons have been convicted of recent crimes inside three years, in response to the state’s most up-to-date report on recidivism.
How did Prop. 6 land on the poll?
After the failed try in 2022, the measure was reintroduced within the Legislature earlier this yr, really useful by the California Reparations Process Power and championed by the Legislative Black Caucus.
In a June assertion on the Meeting flooring, Wilson mentioned, “Slavery is wrong in all forms and California should be clear in denouncing that in its constitution. This should not be controversial…Let us take this step to restore some dignity and humanity and prioritize rehabilitative services for the often forgotten individuals behind bars.”
If it passes, California would comply with a rising variety of states, together with Oregon, Utah and Alabama, which have lately eliminated language sanctioning involuntary servitude from their constitutions. Involuntary servitude would stay embedded in 15 state constitutions. This election, Nevada has additionally positioned a measure on its poll to outlaw pressured jail labor.
The California Division of Corrections and Rehabilitation can be tasked with growing a brand new voluntary work program and creating rules round programming assignments if the measure passes. The company would additionally prescribe guidelines relating to wages for incarcerated employees in state prisons. Metropolis and county officers would set wages for incarcerated employees in county jails.
“We expect it to be a robust process. We didn’t work this hard just to have some symbolic act,” mentioned Cox.
Cayla Mihalovich is a California Native Information fellow.
