Voters in California and Nevada will decide in November if they want to amend their respective constitutions to end forced labor for prisoners.
Slavery and involuntary servitude are banned under the 13th Amendment, but there is an exception as a form of punishment for those who have been convicted and imprisoned for a crime.
This means that minimum wage laws do not apply to them, so they make pennies on the dollar of what nonincarcerated people make. They might struggle to afford basic necessities such as toothpaste or deodorant, according to Freedom Network USA, a nonprofit organization focused on fighting human trafficking.
Freedom Network USA reports that 70% of prisoners cannot afford their basic necessities from their prison wages.
The hourly wage for prisoners to clean prison cells, fight against fires, make license plates, or any number of tasks can be as low as 35 cents per hour.
In Nevada, prisoners are mandated to work 40 hours a week, and refusal to work could subject them to punishments, including losing visitation.
As for California, all prisoners are required to either work, engage in a rehabilitative program, or a combination of both.
In 2022, the California legislature rejected a ballot measure that would mandate that prisoners receive minimum wage for their labor. This was estimated to cost the state $1.5 billion to pay out.
However, in preparation for this ballot measure, Gov. Gavin Newsom (D-CA) signed a law this year that would require the Department of Corrections and Rehabilitation to establish a voluntary work program, which would set the wages for people incarcerated. However, it would only take effect if the ballot measure is voted on.
Back in 2018, Colorado became the first state to abolish involuntary servitude and slavery for prisoners with Alabama, Tennessee, Utah, and Nebraska following in its footsteps.
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It is estimated that U.S. prisoners produce $11 billion of goods and services to the economy each year. Eighty percent of prisoners do jobs related to prison maintenance.
“When you commit serious crimes, you do give up your liberties,” said Democratic California state Sen. Steve Glazer said in 2022 when negotiating the minimum wage measure. “And part of that liberty is that you have to help in the kitchen, preparing food for everyone, and I don’t apologize for that view.”