October 15, 2024
City Council
DATE: October 15, 2024
TO: Mayor Martinez and Members of the City Council
FROM:
Vice Mayor Claudia Jimenez, Sponsor
Council Member Soheila Bana, Co-sponsor
Subject:
Proposition 6, To amend Article 1, Section 6 of the
California State Constitution
FINANCIAL IMPACT: No direct financial impact
PREVIOUS COUNCIL
ACTION:
None
STATEMENT OF THE
ISSUE:
To support Proposition 6 that amends Article 1, Section 6 of the California State Constitution to remove the
exception to involuntary servitude and prohibit the forced labor and punishment of incarcerated people for
withholding consent to labor.
RECOMMENDED ACTION:
ADOPT a resolution to support Proposition 6 that
amends Article 1, Section 6 of the California State
Constitution, to remove the exception to involuntary
servitude and prohibit the forced labor and punishment of incarcerated people for withholding consent to labor and DIRECT the city clerk to send copies of the resolution of support to the Governor’s office and the additional named offices – Vice Mayor Claudia Jimenez 510-620-
6565/Councilmember Soheila Bana 510-620-6743).
AGENDA
REPORT
October 15, 2024
DISCUSSION:
The legacy of slavery-involuntary servitude goes as far back as the first iteration of the California State Constitution, introduced in 1849, that stated: “Neither slavery, nor involuntary servitude, unless for the punishment of crimes, shall ever be tolerated in this State” (Article I, Sec. 18). Today, more than 95,000 Californians are currently incarcerated in our state prison system with significant racial disparities.
The exception in California’s Constitution allows for the forced labor of incarcerated people and punishes those who refuse to consent to labor, even when they'd rather pursue their education, self-help, or rehabilitative programs. This practice undermines rehabilitation as forced labor is often prioritized over self-help, education, and other rehabilitative programs.
Proposition 6 would make sure incarcerated people are not punished for doing rehabilitative or educational work instead of a prison job such as cooking or cleaning.
However, those who refuse a work assignment, face punishments such as losing their right to use the phone or receive visits from family members. Several states, including Alabama and Colorado, have already passed similar measures, removing language allowing involuntary servitude from their constitutions.
This past legislative session, the legislature passed Assembly Constitution Amendment (ACA) 8: The End Slavery in CA Act. ACA 8 allows California voters to amend article 1, section 6 of the California Constitution to remove the exception to involuntary servitude and replace it with language that prohibits forced labor without consent. It also prohibits punishing any incarcerated individual who doesn't consent to labor.
Proposition 6 will be on the ballot this November and it's a historic opportunity for our state to finally separate from the dark legacy of slavery and involuntary servitude.
Proposition 6 supports rehabilitation and improves access to self-help, education, and rehabilitative programs for incarcerated people. Prop 6 also promotes human agency as opposed to forced labor.
DOCUMENTS ATTACHED:
Attachment 1 – Resolution