For nearly 150 years, forced labor has remained legal in California’s prisons under a constitutional exception. This November, voters have the opportunity to abolish this practice through Proposition 6, a measure that could reshape the state’s approach to incarceration and rehabilitation.

The fight against forced labor

Proposition 6, authored by Assemblymember Lori Wilson and co-sponsored by Freedom United, seeks to remove the clause in the state’s constitution that allows involuntary servitude as a punishment for crime. This clause mirrors the exception found in the 13th Amendment of the U.S. Constitution, which, while abolishing slavery, left an opening for forced labor in prisons.

Rita Omokha for The Guardian reports,

Wilson’s proposal, officially called Assembly Constitutional Amendment-8, a legislative measure now on the ballot as Proposition 6, is part of a 14-bill reparations package that would amend the California constitution to read “Slavery and involuntary servitude is prohibited,” ensuring it applies to everyone.

In practice, Wilson said, ACA 8 would allow inmates to choose their jobs and give them access to programs that would help them thrive rather than be exploited. To that end, a related bill proposes creating voluntary work programs within the prison system.

“ACA 8, or Prop 6, was inspired by the ongoing need to correct a constitutional injustice,” Wilson, who represents Sacramento and Solano counties and is chair of the Black caucus, said. “The desire to dismantle the legacy of slavery and systemic racism was central to my decision – [the clause has been] a remnant of our nation’s dark history with slavery.”

Read more