Proposition 6

Remove Involuntary Servitude as Punishment for Crime Amendment

Would amend the California Constitution to prohibit the state from punishing inmates with involuntary work assignments and from disciplining those who refuse to work. Instead, state prisons could set up a volunteer work assignment program to take time off sentences in the form of credits. It would let county or city ordinances set up a pay scale for inmates in local jails. Proposition 6 is a legislative constitutional amendment that requires a simple majority (50% + 1) to pass.

The measure’s potential costs remain unknown and a point of contention. If approved, the state may have to pay the minimum wage to inmates with work assignments depending on how courts interpret the law and future voluntary work programs.

Fiscal Impact: Potential increase or decrease in state and local criminal justice costs, depending on how rules around work for people in state prison and county jail change. Any effect likely would not exceed the tens of millions of dollars annually.

See Endorsements for Proposition 6

Pro:

Supporters say that prisoners are often retaliated against for turning down assignments that can be dangerous or life threatening. It’s inhumane, they say, to have to work long hours on jobs that do not necessarily contribute to future skills for little pay.

They also cite the growing number of states — including Colorado, Alabama, Tennessee and Vermont in recent years — that have adopted similar measures, though California would have stronger language against retaliation toward inmates.

A YES vote on this measure means: Involuntary servitude would not be allowed as punishment for crime. State prisons would not be allowed to discipline people in prison who refuse to work.

VoteYesOnCAProp6.com (Campaign Website)

Con:

An official ballot argument against the measure has yet to be filed. But a few Republican legislators voted against it. It reflects their larger opposition to reparations efforts by the state at a time when the budget deficit is a top priority.

Critics in other states have said that the current work system helps inmates and promotes necessary order in facilities aiming to rehabilitate inmates. Some say that upending that system by allowing inmates to turn down assignments could eventually make it more difficult to manage prisons.

A NO vote on this measure means: Involuntary servitude would continue to be allowed as punishment for crime.

Background

“Involuntary Servitude” Banned Except as a Punishment for Crime. The California Constitution bans involuntary servitude except as a punishment for crime. The Constitution does not define involuntary servitude. However, involuntary servitude commonly refers to forcing people to work against their will.

Some People in State Prison and County Jail Work. People in prison and jail can be required to work or do other activities such as taking classes. Work includes jobs like cooking, cleaning, or other tasks needed to run prisons and jails. Roughly one-third of people in prison work. Many of these workers are paid less than $1 per hour. Workers can also earn “time credits” that reduce the amount of time they serve in prison or jail. People who refuse to work or do other activities can face consequences such as losing the ability to make regular phone calls.

Proposal

Bans Involuntary Servitude as a Punishment for Crime. Proposition 6 changes the Constitution to ban involuntary servitude as a punishment for crime. It also bans state prisons from disciplining people who refuse to work. However, Proposition 6 states it does not stop prisons from giving people time credits for working.

Fiscal Effects

Potential Increase or Decrease in State and Local Criminal Justice Costs. The fiscal effects of Proposition 6 on state and local criminal justice costs are uncertain. This is because it would depend on how Proposition 6 would change rules around work for people in state prison and county jail and how people would respond to those changes. For example, 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. 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. Any potential increase or decrease in state and local criminal justice costs likely would not exceed the tens of millions of dollars each year (annually). This amount is less than one-half of 1 percent of the state’s total General Fund budget.

Source: LAO Analysis of Proposition 6

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Berkeley IGS Poll

Official California Documents

Official Voter Guide

Campaign Finance Information

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Nonpartisan Analysis

Proposition 6, Limit Forced Labor in State Prisons. CalMatters.