Proposition 6 asks California voters whether to change the state constitution to expressly ban involuntary servitude.
Currently, the constitution says slavery is outlawed. But it also says involuntary servitude — or forcing people to work against their will — is permitted as punishment for a crime.
Inmates in California jails and prisons can be compelled to work and punished with solitary confinement or the loss of privileges like making phone calls.
About one-third of incarcerated people work in prison kitchens, custodial and other jobs to keep the facilities operational. Most make less than $1 per hour.
State lawmakers placed Prop. 6 on the November ballot. If approved, it would ban forced prison labor and prohibit the California Department of Corrections and Rehabilitation from punishing inmates who refuse a work assignment. All work performed by prisoners in California would be voluntary.
If approved by voters, California would join a slate of other states that have outlawed all forms of slavery in recent years, including Alabama, Colorado, Nebraska, Oregon, Tennessee, Utah and Vermont.
What a ‘yes’ vote means
A yes vote on Prop. 6 would amend the state constitution to read “Slavery and involuntary servitude are prohibited.”
Currently, the constitution reads “Slavery is prohibited. Involuntary servitude is prohibited except to punish crime.”
What a ‘no’ vote means
Voting no on Prop. 6 means the language concerning involuntary servitude in the state constitution would not change.
CDCR could continue to force incarcerated people into taking work assignments, and punish inmates who refuse or do not show up to work.
Supporters of Prop. 6
The measure is a priority of the California Black Legislative Caucus. Assembly member Lori Wilson, D-Suisun City, authored the legislation to put the question before voters.
“Forced labor in prisons is cruel and unfair, often leading to harsh punishments like violence, solitary confinement, and denial of services. These practices undermine rehabilitation and increase the likelihood of reoffending,” Wilson and other supporters wrote in support of the measure.
“In contrast, Proposition 6 expands voluntary prison work programs and ensures dignity, choice, and rehabilitation. Incarcerated individuals will voluntarily take part in education, job training; and other programs that help prevent crimes against Californians.”
Other supporters include labor icon Dolores Huerta and criminal justice groups like the Anti-Recidivism Coalition.
Opponents of Prop. 6
No arguments were submitted against Prop. 6. Campaign finance records do not show any committees opposing the measure.
Fiscal impacts of Prop. 6
The fiscal impact of Prop. 6 is uncertain, according to the nonpartisan Legislative Analyst’s Office, but could be in the tens of millions of dollars.
Whether corrections costs increase or decrease depends on how work programs would change if the measure is approved.
“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,” the LAO analysis reads. “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.”
The analysis did not address whether the state might have to hire contract workers to fill jobs, which would also increase costs.
Prop. 6 would not require CDCR to increase wages for incarcerated workers, many of whom make less than $1 per hour.
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