California and Nevada voters will have the opportunity in November to vote on measures that seek to ban forced prison labor by removing language from their state constitutions that has historical ties to chattel slavery. The proposed measures aim to protect incarcerated individuals from being compelled to work under the threat of punishment, a practice that is prevalent in both states.
In Nevada, approximately 10,000 incarcerated individuals are required to work or participate in vocational training for 40 hours per week, with some earning as little as 35 cents per hour. The proposed changes in both states come at a significant time, coinciding with a historic election and Vice President Kamala Harris' groundbreaking bid for the presidency.
Several states, including Colorado, Alabama, and Tennessee, have recently eliminated exceptions for slavery and involuntary servitude from their constitutions. However, challenges remain, as evidenced by a lawsuit filed in Colorado by incarcerated individuals who alleged they were still being forced to work despite the constitutional change.
Nevada's proposal seeks to abolish both slavery and involuntary servitude as forms of punishment for crime, while California's constitution, amended in the 1970s to remove an exemption for slavery, still retains an exception for involuntary servitude.
One of the most sought-after prison work programs in Nevada is wildland firefighting, where eligible participants are paid around $24 per day. Advocates for the measures argue that incarcerated individuals deserve fair treatment and compensation for their work, highlighting the disparity between their wages and those of non-incarcerated workers.
Efforts to reform the system include a recent law in California that would establish a voluntary work program within the Department of Corrections and Rehabilitation, setting wages for incarcerated individuals. However, the law is contingent on voters approving the ban on forced labor.
Supporters of the measures emphasize the importance of providing opportunities for rehabilitation through therapy and education, rather than mandating labor for incarcerated individuals. The proposed changes aim to address longstanding issues of fairness and justice within the prison system, offering hope for a more equitable future.
