Recently, California voters rejected Proposition 6, which would have changed state policy that some refer to as a loophole for “modern-day slavery” in the form of involuntary labor in prisons. The 13th Amendment, ratified in 1865 after the Civil War, prohibited slavery and involuntary servitude in any circumstance “except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.” Essentially, forced labor is legal when the victim is a convict.
Democrats in California hoped to join other states like Alabama and Tennessee that have already ended involuntary servitude in prisons. However, 53.8% of Californians voted against it. Some Californians have attributed the failure to pass Prop 6 to the language on the ballot. As opposed to the term “slavery” which was included in the ballot language in Nevada, “involuntary servitude” was used in reference to forced prison labor on the California ballot. Realistically, “involuntary servitude” is too vague to convey the injustice in many cases of prison labor.
Large fast-food chains and big box retailers are some of the most prominent users of prison labor in the US, taking advantage of the easily accessed and cheap labor. According to the Associated Press, inmates’ jobs are often tied to maintaining prisons, but prisoners also work for states and municipalities. What’s more severe is that prisoners are contracted out to private companies through work-release programs. Or they are contracted out directly from their prison.
This economic incentive, profiting from having incarcerated “employees,” is unethical and has no place in our country. The sole reason to incarcerate people should be to protect public safety. It should remain uninfluenced by a possible profit. Most inmates earn less than a dollar per hour for their labor.
Under current circumstances, a person who doesn’t complete their mandated work can be punished. Discipline for failing to complete work, even if ill or injured, can lead to losing privileges like visits from family members. Prop 6 would have prohibited the Department of Corrections and Rehabilitation from punishing someone who refused to complete work assignments.
Undeniably, the United States is still stained by its history of slavery. And a large percentage of incarcerated people today identify as Black or African American, accounting for approximately 38% of the country’s prison population, despite the fact that this demographic only makes up a little over 13% of the US population. This “loophole” in the 13th Amendment has continued a pattern of forced labor from the same group of people, 159 years after the end of the Civil War. A measure to end this pattern is long overdue.
On many occasions, involuntary servitude takes time away from an incarcerated individual’s ability to participate in rehabilitation and focus on their reintegration into society. The priority in prisons should be to focus on rehabilitation and preparing for release. The time spent on work assignments like sweeping a broom and cleaning clothes is time lost from self-reflection and accountability. Furthermore, tasks like these don’t teach inmates the technical skills they will need to get employed after release and contribute to society. Leaving ex-convicts without the help or skill sets to get a job after release will logically lead to a reoffense, often a return to crime to survive in a world that disapproves of them.
The US can look to Norway as a model for successful rehabilitation. In the 1990s Norway’s recidivism rate was roughly 70%, as ours is now, but their rate of reoffense has since dropped to near 20%. The change surfaced when prisons were restructured to have more humane conditions and a greater focus on reintegration into society rather than punishment beyond losing freedom.
Norway’s overall heavy emphasis on rehabilitation is evident in the education programs, socialization, fitness programs, and health care that are comparable to that of the general population. By viewing the loss of liberty as punishment enough and maintaining other rights, prisons in Norway have sustained an environment with more “normalcy,” less violence and outbreaks, than the US. Consequently, the transition into society post-release goes more smoothly. Ex-convicts have a better chance on the job market and are spared their self-respect.
Still, I believe California’s rejection of Prop 6 doesn’t reflect a lack of morality as much as it reveals the hardship residents face. Often, prisons can only continue to run with the input of involuntary servitude, and offering higher wages for voluntary work inside prisons is bound to impact taxpayers who already struggle to keep up with the costs of living in one of the most expensive states in the country. It’s evident from the fate of Prop 6 that too few are willing to pay the price for inmates’ rights.
The United States treats prison as a deterrent. Poor conditions, involuntary labor, and harsh sentences scare many citizens from committing crimes. But, this method has proved unsuccessful. Inhumane methods, like forced labor, may punish criminals, but they don’t release good neighbors. And they don’t make our country safer.
