34 | Title and Summar y / Analysis
PROPOSITION ELIMINATES CONSTITUTIONAL PROVISION ALLOWING INVOLUNTARY SERVITUDE FOR INCARCERATED PERSONS.
LEGISLATIVE CONSTITUTIONAL AMENDMENT.6
OFFICIAL TITLE AND SUMMARY PREPARED BY THE ATTORNEY GENERAL
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.
•
Amends the California Constitution
to remove the current constitutional
provision that allows jails and prisons
to impose involuntar
y servitude
to punish crime (i.e., forcing
incarcerated persons to work).
•
Prohibits the California Department
of Corrections and Rehabilitation
from punishing incarcerated persons
for refusing a work assignment.
Allows incarcerated persons to
voluntarily accept work assignments
in exchange for credit to reduce their
sentences.
SUMMARY OF LEGISLATIVE ANALYST’S
ESTIMATE OF NET STATE AND LOCAL
GOVERNMENT 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
.
ANALYSIS BY THE LEGISLATIVE ANALYST
The text of this measure can be found on page 97 and the Secretary of State’s website at voterguide.sos.ca.gov.
6 FINAL VOTES CAST BY THE LEGISLATURE ON ACA 8 (PROPOSITION 6) (CHAPTER 133, STATUTES OF 2024)
Senate: Ayes 33 Noes 3
Assembly: Ayes 68 Noes 0
Attachment 7
For the full text of Proposition 6, see page 97. Analysis | 35
ANALYSIS BY THE LEGISLATIVE ANALYST CONTINUED
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. (The General
Fund is the account the state uses to
pay for most public services, including
education, health care, and prisons.)
Visit sos.ca.gov/campaign-lobbying/cal-access-
resources/measure-contributions/2024-
ballot-measure-contribution-totals for a list
of committees primarily formed to support or
oppose this measure.
Visit fppc.ca.gov/transparency/
top-contributors.html
to access the committee’s top 10 contributors.
ELIMINATES CONSTITUTIONAL PROVISION ALLOWING
INVOLUNTARY SERVITUDE FOR INCARCERATED PERSONS.
LEGISLATIVE CONSTITUTIONAL AMENDMENT.
PROPOSITION
6 6
6 36 | Arguments Arguments printed on this page are the opinions of the authors and have not been checked for accuracy by any official agency.
PROPOSITION ELIMINATES CONSTITUTIONAL PROVISION ALLOWING INVOLUNTARY SERVITUDE FOR INCARCERATED PERSONS.
LEGISLATIVE CONSTITUTIONAL AMENDMENT.6
★ ARGUMENT IN FAVOR OF PROPOSITION 6 ★
Proposition 6: Ending Slavery in California’s
Carceral System
VOTE YES on PROPOSITION 6. Proposition 6
eliminates all forms of slavery and involuntary
servitude within California, ensuring no person is
subjected to such conditions regardless of their
confinement circumstances.
PROPOSITION 6 RESTORES HUMAN DIGNITY
BY ENDING FORCED LABOR, WHICH
CONSTITUTES SLAVERY AND VIOLATES
HUMAN RIGHTS. Incarcerated people should
have dignity and the agency to pursue a
rehabilitative path because forced labor serves
no rehabilitative purpose. This amendment
focuses on the moral imperative of allowing
voluntary work assignments, emphasizing the
importance of human rights.
PROPOSITION 6 ENHANCES PUBLIC SAFETY
BY PRIORITIZING REHABILITATION. Forced
labor in prisons is cruel and unfair, often
leading to harsh punishments like violence,
solitary confinement, and denial of services.
These practices undermine rehabilitation
and increase the likelihood of reoffending. In
contrast, Proposition 6 expands voluntary prison
work programs and ensures dignity, choice,
and rehabilitation. Incarcerated individuals will
voluntarily take part in education, job training,
and other programs that help prevent crimes
against Californians.
ENDING SLAVERY IS A BIPARTISAN PRIORITY
WITH WIDESPREAD SUPPORT. ACA 8, now
known as Proposition 6, passed unanimously
in the Assembly (68-0) and with overwhelming
approval in the Senate (33-3). California is
one of 16 states that still allow this practice,
highlighting the urgent need for reform.
PROPOSITION 6 SUPPORTS THE NATIONAL
MOVEMENT BY CLOSING THE LOOPHOLE
IN CALIFORNIA’S VERSION OF THE 13TH
AMENDMENT. While it does not change federal
law, it upholds justice by preventing forced
labor in California. Voluntary work programs
reduce recidivism by offering skill development
and rehabilitation, aiding formerly incarcerated
individuals in reintegrating into society.
Productive work, rooted in dignity, allows
reintegration by letting formerly incarcerated
people use their work experiences as proof of
their efforts.
Many states have amended their constitutions to
close the loopholes that allow forced labor and
involuntary servitude under certain conditions.
This includes significant voter support: over
66% in Colorado (2018), over 80% in Utah,
and over 68% in Nebraska (2020). In 2022,
similar measures saw over 76% approval in
Alabama, over 55% in Oregon, over 79% in
Tennessee, and over 88% in Vermont. Nevada
is also referring this issue to voters for the
2024 election. Additionally, federal legislators
are moving this session to close the loophole
in the 13th Amendment with Senate Joint
Resolution 33, introduced by Senators Jeff
Merkley and Cory Booker, and House Joint
Resolution 72 by Representative Nikema
Williams.
Lori Wilson, Assemblymember
California Legislature
Dolores Huerta, Executive Director
Dolores Huerta Foundation
Stephen Downing, Deputy Chief (Ret.)
Law Enforcement Action Partnership
6 Arguments printed on this page are the opinions of the authors and have not been checked for accuracy by any official agency. Arguments | 37
ELIMINATES CONSTITUTIONAL PROVISION ALLOWING
INVOLUNTARY SERVITUDE FOR INCARCERATED PERSONS.
LEGISLATIVE CONSTITUTIONAL AMENDMENT.
PROPOSITION
6 ★ ARGUMENT AGAINST PROPOSITION 6 ★
NO ARGUMENT AGAINST
PROPOSITION 6 WAS SUBMITTED.