On November 5, voters in California and Nevada will decide whether to remove provisions in their state constitutions regarding the use of forced labor in prisons. Proposition 6 in California aims to repeal the constitutional provision that allows state prisons to force inmates to work and prohibits disciplinary action against those who refuse to work. Instead, the focus will shift to prioritizing rehabilitation programs for inmates.
The Legislative Analyst’s Office (LAO) has stated that the fiscal impact of Proposition 6 will depend on changes in labor rules for incarcerated individuals in state and county prisons. If inmates no longer face consequences for refusing to work, prisons may need to find other ways to encourage work, potentially increasing costs. Conversely, if more time credits are given instead of pay, costs could decrease as individuals serve less time.
In Nevada, Question 4 seeks to remove language from the state constitution permitting slavery and involuntary servitude as criminal punishment.
Both amendments allow state prisons to continue awarding credits or wages to incarcerated individuals who voluntarily take on work assignments. The 13th Amendment of the U.S. Constitution abolished enslavement and involuntary servitude in the United States, except as punishment for a crime. Several states, including Colorado, have previously removed similar language from their constitutions.
A study by the American Civil Liberties Union found that a significant number of individuals in federal and state prisons are forced to work for minimal pay or no pay at all. Tasks range from repairing roads to fighting wildfires, with some prisoners earning as little as 13 to 52 cents per hour.
In California, efforts to remove slavery from the state constitution were rejected in 2022 due to concerns about the potential cost of paying prisoners minimum wage. However, proponents of Proposition 6 argue that it will save taxpayer money by reducing the cycle of reincarceration through rehabilitation efforts.
The Associated Press contributed to this report.
