SACRAMENTO, Calif. — California and Nevada voters are set to make a critical decision in November regarding the elimination of forced prison labor. This initiative seeks to amend state constitutions to remove language linked to the historical context of chattel slavery.
The proposed measures aim to safeguard incarcerated individuals from compulsory labor under threat of punishment, addressing the concern that prisoners in these states often receive less than $1 per hour for labor-intensive tasks including firefighting, prison maintenance, and cemetery upkeep.
Currently, Nevada houses approximately 10,000 incarcerated individuals, all of whom are mandated to engage in work or vocational training for 40 hours weekly unless medically exempt. Some inmates earn as little as $0.35 per hour.
“This election presents California and Nevada with a momentous opportunity to eradicate legalized slavery from our state constitutions entirely,” stated a prominent advocate who has tirelessly worked on the California measure.
Amidst a historic election cycle, the proposals reflect a pivotal moment, coinciding with the first Black woman’s presidential campaign, highlighting the urgency for systemic change.
In recent years, several states, including Colorado, Alabama, and Tennessee, have successfully removed constitutional exceptions for slavery and involuntary servitude, although progress was gradual. Colorado led the way in 2018 but faced legal challenges from incarcerated individuals alleging they continued to be compelled to work.
“The removal of these exceptions has created a long-awaited constitutional right for a demographic that previously had none,” noted an advocate from the Abolish Slavery National Network.
The Nevada proposal specifically seeks to abolish both slavery and involuntary servitude as punishments for crimes. In California, changes made in the 1970s eliminated slavery exceptions, yet involuntary servitude provisions still persist.
One of the most prominent work programs in Nevada allows prisoners to engage in wildland firefighting, where participants earn about $24 per day.
Concerns about fair compensation have been raised, with human rights advocates emphasizing the reduced wages for hazardous work. An attorney representing incarcerated individuals highlighted the disparity in pay compared to other workers performing similar duties, expressing the need for reforms in payment structures.
Cases such as that of a former prison firefighter seeking fair disability payments have drawn attention to the inequities within the current system. Legal discussions have even reached the levels of the Nevada Supreme Court concerning minimum wage rights for prison laborers.
In 2022, the California state Senate dismissed an earlier version of a similar proposal due to apprehensions about the fiscal implications of instituting minimum wage for all prisoners.
However, recent legislation mandating the Department of Corrections and Rehabilitation to establish a voluntary work program could provide a pathway for reform, allowing for wage determinations for incarcerated individuals, contingent upon voter approval of the labor ban.
This evolving legal landscape aims to enhance rehabilitation prospects through therapeutic and educational avenues rather than compulsory labor, as articulated by a California Assemblymember advocating for change.
Life stories from formerly incarcerated individuals further illustrate the profound impacts of incarceration on personal development and rehabilitation opportunities, reflecting on the stark differences in outcomes based on available support during and after imprisonment.
As California and Nevada prepare for this significant vote, the implications for justice reform and the future of prison labor hang in the balance, raising critical questions about human rights and systemic equity in the correctional system.
