Lawmakers in Nevada and California are considering a law that would remove “involuntary servitude” from their states’ constitutions.
The United States Constitution states that “Neither slavery nor involuntary servitude, 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.” This creates a loophole in state constitutions where forced labor can be assigned as punishment for a crime.
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It’s not uncommon for prisoners in California, Nevada, and other states to be paid less than $1 an hour to fight fires, clean prison cells, make license plates or do yardwork at cemeteries. For instance, approximately one-third of California’s firefighters are prisoners.
About a dozen states are pushing this year to get rid of the involuntary servitude exceptions, according to the Abolish Slavery National Network. Some advocates said this has major legal implications today, particularly in litigation related to prison labor pay and conditions.
Samuel Brown, who was formerly incarcerated with a life sentence for attempted murder, helped author an anti-involuntary servitude amendment in California last year. He said incarcerated people can be forced to do work that is unsafe and puts their health at risk. Even more, he described how terrified he was when he had to disinfect jail cells after someone tested positive for COVID-19.
Assemblywoman Lori D. Wilson, a Californian Democrat representing part of Solano County, is introducing this year’s proposed amendment, hoping to have a different outcome than a failed attempt last year to pass similar legislation in the state. The Senate rejected it after Gov. Gavin Newsom’s administration warned that if inmates were paid the $15-per-hour minimum wage, it could cost taxpayers $1.5 billion a year.
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