California to put anti-slavery proposal into referendum, planning to ban forced labor in prisons

In California, a proposal aiming to ban forced prison labor and officially declare slavery illegal is set to be put to a public vote in November.

The proposed State Assembly Constitutional Amendment 8 (ACA8) focuses on amending the California Constitution to prohibit the Department of Corrections and Rehabilitation from punishing inmates who refuse work assignments. This amendment explicitly bans “any form of slavery.”

The proposal states, “Forced labor has no legitimacy and runs counter to California’s respect for human dignity.”

Introduced by Democratic State Assemblywoman Lori Wilson in February 2023, the amendment passed the Senate on June 27 with only 3 opposing votes from Republican Senators Brian Dahle, Roger Niello, and Kelly Seyarto.

Several lawmakers’ offices have not commented on this development.

On the same day, the proposal passed unanimously in the State Assembly with a vote of 68-0.

Wilson remarked after the two votes on the 27th, “This historic measure will be presented to California voters to decide whether to end slavery and involuntary servitude in the state’s constitution.”

The ACLU California Action supports this amendment, stating in their position that the 13th Amendment to the U.S. Constitution did not fully abolish slavery due to a loophole allowing uncompensated labor as a form of punishment, leading to hundreds of thousands still subjected to involuntary servitude.

Although the bill has received widespread support among legislators, there are criticisms as well.

Former California State Prison inmate Brian James, who served 29 years for second-degree murder, expressed his support for mandatory labor. He believes that work is an essential part of prison life and mentioned tasks like yard maintenance, plumbing, electrical work, and cooking that inmates are required to do.

“Prisoners are responsible for the facility’s operations,” James stated, adding that upon incarceration, individuals are assigned work based on their education and job experience.

“If you don’t have a high school diploma, they will arrange for you to go to school,” he added.

James views prison labor as a demonstration of dignity rather than enslavement, emphasizing the value of work and the importance of inmates acquiring the skills necessary to reintegrate into society.

This ballot measure would require more than 50% of voter support to pass.