Slavery didn’t end in 1865. It only changed forms. In California, slavery as punishment is still legal.
Forced prison labor in the United States has its roots in American slavery. Despite the 13th Amendment’s promise to end slavery, a critical loophole has allowed involuntary servitude to persist within the prison system. The 13th Amendment, ratified in 1865, abolished slavery and involuntary servitude, “except as a punishment for crime whereof the party shall have been duly convicted.” This exception has been exploited to justify forced labor in prisons, effectively continuing a form of slavery under the guise of criminal punishment.
Some people believe that being forced to work is simply a consequence of being incarcerated, a ‘fair’ punishment for someone who has committed a crime. Incarcerated people are stripped of most of their legal rights, communications, and freedom of movement. The 13th Amendment loophole needs to be closed. Its origin is slavery because it is slavery.
“A Voice from State Prison” is a guerrilla projection art project produced by Tre Borden /Co in partnership with Legal Services for Prisoners with Children.
Why is Cast taking a position on Proposition 6?
For 25 years, Cast has fought against all forms of human trafficking. When many people think about human trafficking, they focus on sex trafficking despite the prevalence of labor trafficking in this country. No worker should be forced to work in toxic or dangerous conditions or experience harassment, including sexual harassment at work.
People experiencing labor trafficking are forced to work until their bodies are worn out and broken, often dealing with unsafe, hazardous conditions without protective gear. Many regularly face physical abuse and sexual harassment from their traffickers. When they can’t work due to disability, sickness, or injury, they are punished, often enduring physical and mental harm. Unfortunately, forced prison labor looks like a lot of the labor trafficking we work to stop.
Cast is unwaveringly committed to eradicating labor trafficking, whether it exists on farms, in sweatshops, or within our governmental institutions. As a society, we must unequivocally uphold human dignity as the standard in our government and criminal justice system. We cannot effectively combat forced labor and sexual violence in the world until we decisively address the injustices happening within our own institutions.
“A Voice from State Prison” is a guerrilla projection art project produced by Tre Borden /Co in partnership with Legal Services for Prisoners with Children.
Many don’t know that the California prison system classifies incarcerated people by status levels and classification scores. Generally, as the scores increase, incarcerated people are considered more dangerous, require more extreme security measures (including isolation), and have little to no freedom of movement or access to rehabilitation or education programs. Points are added to the scores based on the incarcerated person’s background, sentence length, and any prior misbehavior in jail or prison, including if they refuse work for any reason. Currently, refusing to work is classified in similar ways as a violent offense or being found with illegal substances, even if the refusal stems from sickness, disability, or a desire to pursue a college degree or trade program. This leads to the unjust re-classification of these incarcerated people at a higher, more dangerous status level with the potential for removal of privileges, denial of phone calls, solitary confinement, or even denial of parole.
“If I don’t take the job, we get placed on “C-status.” We get fewer phone calls, less money to spend at the canteen, fewer visiting privileges, receive a write-up, and run the threat of going to the hole…’When is enough is enough?” – Woody H., EndTheException.com.
PROP 6 FAQs
Why can’t incarcerated people work and participate in rehabilitation or educational courses at the same time?
Incarcerated individuals do not have the ability to choose their jobs or their work hours, and programming and job assignments occur at the same time. If an incarcerated person wants to finish their degree but gets assigned a job at the same time as the class they need to participate in, they don’t have the opportunity to complete their education. Forced labor assignments are prioritized over rehabilitative courses because work assignments are forced and accompanied by punishment upon refusal.
Does Prop 6 increase spending on wages for incarcerated people?
Prop 6 does not increase wages. The Secretary of the Department of Corrections and Rehabilitation sets compensation for any work assignment in state prison. In contrast, compensation for any work assignment in county and city jail programs is set by local ordinance.
Doesn’t Prop 6 reward incarcerated people who are just lazy?
No. Overall, incarcerated people want to work. We’ve heard from survivors who got in trouble for trying to switch jobs to get away from sexual harassment or for wanting to attend classes on trauma or rehab – things that are proven to help reduce re-offending. When prisoners have access to mental health services, job training, and degree or certificate programs, they are less likely to commit crimes again. This saves California taxpayers money.
Does Prop 6 end work programs?
No, it makes work assignments voluntary. Prop 6 gives the California Department of Corrections and Rehabilitation (CDCR) additional tools to incentivize incarcerated individuals to work.
Does Prop 6 prevent the CDCR from ensuring that incarcerated people maintain the cleanliness of their cells and living quarters?
No. Prop 6 does not change any institutional regulations regarding CDCR ensuring the cleanliness of an incarcerated individual’s living quarters. It’s common practice that when custody staff become aware of unsanitary conditions in a person’s living quarters, they will refer that individual to mental health treatment because it is often the result of severe depression or some other serious mental health disorder.
Why do we need a constitutional amendment to do this instead of a law?
Involuntary servitude is part of the California Constitution and can only be changed through an amendment. Prop 6 will end forced labor in prisons and allow incarcerated people more opportunities to gain tools that will help them avoid re-offending and rebuild their lives.
“I am a life prisoner who is now 65 years old and have served 25 years of continuous incarceration. I have failing health, severe arthritis and am required to work as a building porter at Valley State Prison in Chowchilla, California or will face disciplinary action, loss of privileges, a longer prison sentence and numerous other forms of punishment. I have considered filing an Inmate Appeal as to the requirement that I work until I am dead, and have numerous friends older than I that have severe hearing loss, lack of mobility, and ADA disabilities, including loss of sight and other conditions, who are forced to work as well as slave to the state for punishment for a crime in California.” – Alan D, EndTheException.com.
Are There Other Benefits of Prop 6?
Prop 6 would save California taxpayers money.
California taxpayers pay $134,000 per year to incarcerate one person. Prop 6 is designed to make our communities safer by reducing the likelihood of people committing new crimes. By focusing on helping individuals turn their lives around, we can save money by preventing repeat offenses and reducing the number of people who end up homeless. These cost savings can be used for community programs, mental health services, education, and other public services, benefiting all Californians and saving taxpayers money.
Prop 6 Makes Our Communities Safer and Reduces Wasteful Taxpayer Spending.
Forced prison labor undermines the ability of thousands of incarcerated people to turn their lives around. It makes it more likely that they will re-offend when returning to their communities. This dynamic contributes to high rates of reoffending and excessive spending on California’s prison system, where the majority of released individuals return within three years. Californians are investing billions of dollars in a prison system that fails far more often than it succeeds.
What You Can Do:
VOTE YES ON PROP 6 TO END INVOLUNTARY SERVITUDE IN CALIFORNIA.
Please check out these organizations for more information on Prop 6:
The choice is clear: Vote yes on Proposition 6 to reduce crime, victimization, and spending on California prisons and enhance public safety.