Slavery “loopholes” are on the ballot in several states, per ABC News.
These “loopholes” found in several state constitutions refer to exceptions for slavery or involuntary servitude, which include allowing it as punishment for crime. State jails and prisons nationwide will force incarcerated people to work for pennies per hour or reduced sentences.
In California, incarcerated people can be forced to work jobs including cooking, cleaning, and other tasks needed to run the facility. People who refuse to work are subjected to consequences like having certain basic privileges taken away.
Prop 6 on the ballot in California would amend the state’s constitution to remove the provision that allows involuntary servitude in jails if passed. It would also ban the California Department of Corrections and Rehabilitation from punishing people who refuse to work while still allowing them to accept work assignments for sentence reduction credits.
According to the Legislative Analyst’s Office, the fiscal effects of Prop 6 remain “uncertain” and are dependent on how facilities respond to possible new restrictions.
“If people in prison and jail no longer face consequences for refusing to work, prisons and/or jails might have to find other ways to encourage working,” per the Legislative Analyst’s Office. “If this is done by increasing pay, costs would increase. If this is done by giving more time credits instead, costs would decrease because people would serve less time.”
Similarly in Nevada, Question 4 on the ballot will ask residents whether they would like to vote to remove language that authorizes “the use of slavery and involuntary servitude as a criminal punishment from the Nevada Constitution.”
California and Nevada could join at least seven states that have removed “slavery loopholes” from their constitutions.
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