Bee endorsement: California voters could abolish the vestiges of slavery with Prop. 6 | Opinion

Californians shouldn’t ignore an important down-ballot proposition that would right a historic wrong and, once and for all, prohibit involuntary servitude.

While the California Constitution explicitly bans slavery, it also says that involuntary servitude — forcing people to work against their will — is permitted as punishment for a crime. A “yes” vote on Proposition 6 would end the inhumane practice of forcing California inmates to work against their will.

Currently, state inmates are forced to work a variety of jobs that include building office furniture and fighting wildfires. In return, they earn sub-minimum wages — often, less than a dollar per hour. Inmates are punished if they refuse to work, including when sick. Punishment can take the form of solitary confinement, lost phone calls or visits with family and the inability to participate in rehabilitative classes and activities.

“Right now, people are forced to work first and get rehabilitated second,” said Asm. Lori Wilson, D-Suisun City. “We can’t make this assumption that everyone who is in prison is going to be there for life. I would prefer them to spend those four years getting educated.”

Wilson speaks from personal experience: Her younger brother was incarcerated and ended up working in the fire camps. But he didn’t engage in meaningful mental health or rehabilitation work. So after getting released, he couldn’t find a job, and ended up right back in jail.

“If we really want to rehabilitate people, if we want folks to be better when they come out than when they went in, we need to prioritize rehabilitation,” Wilson said.

If Prop. 6 is passed by voters, California would join several other states that have outlawed all forms of slavery, including Alabama, Colorado, Nebraska, Oregon, Tennessee, Utah and Vermont.

An earlier version of this proposition — Assembly Constitutional Amendment 3 — failed to pass the state Senate in 2022. This time, proponents of Prop. 6 shaped the language of the initiative in consultation with formerly incarcerated individuals, Gov. Gavin Newsom’s administration and the California Correctional Peace Officers Association, among others.

There is no formal opposition to Prop. 6 and to date, there have been no reported campaign filings of financial contributions raised to defeat it.

Importantly, California inmates will still be allowed to work. According to an analysis of Prop. 6 from the Legislative Analyst’s Office, state prisons might have to find new ways to encourage inmates to work if they are no longer forced to do so — this might be in the form of increased pay or time credits (a reduction in an inmate’s time served in prison).

Notably, however, Prop. 6 does not require the California Department of Corrections and Rehabilitation to increase wages or implement time credits.

If inmates choose to work and receive proper compensation for their labor, they are better equipped to live independently when released. If inmates choose to engage in rehabilitative work, they are more likely to break the cycle of incarceration when they re-enter society.

Wilson, who is the chair of the Legislative Black Caucus, said ending the practice of involuntary servitude for good was an idea brought up while the caucus was engaged in reparations work. After all, involuntary servitude is a form of modern-day slavery.

The 13th Amendment, which abolished slavery, included an exception: If one is “duly convicted” of a crime, slavery and involuntary servitude are permitted as punishment.

“The 13th Amendment paved the way for Jim Crow laws,” writes Harvard Political Review author Shira Hoffer. “Legislatures established black codes, strict laws explicitly punishing Black people for petty crimes such as loitering (or) not carrying proof of employment. Violators of these codes could be thrown in prison, and according to the 13th Amendment’s loophole, they could then be required to perform unpaid, harsh labor.”

Prop. 6 is about finally abolishing, once and for all, the vestiges of modern slavery occurring in our state prisons.

Passing Prop. 6 “aligns with our values and who we are in California,” Wilson said. The McClatchy California Editorial Board — which includes The Sacramento Bee, The Modesto Bee, The Fresno Bee, The Merced Sun-Star and The San Luis Obispo Tribune — wholeheartedly agrees.

This story was originally published September 23, 2024 at 5:00 AM.