California and Nevada voters are set to decide on a historic proposal in November aimed at banning forced prison labor by removing language from their state constitutions that originates from the legacy of chattel slavery. The goal of these measures is to safeguard incarcerated individuals from being coerced into working under the threat of punishment. In both states, it is not uncommon for prisoners to receive meagre pay, sometimes less than $1 per hour, for tasks like firefighting, prison maintenance, manufacturing license plates, or tending to cemetery grounds.
In Nevada, where approximately 10,000 individuals are incarcerated, all prisoners are mandated to work or undergo vocational training for 40 hours per week, unless exempted for medical reasons. Some prisoners in Nevada earn as little as 35 cents per hour. Advocates such as Jamilia Land, from the Abolish Slavery National Network, view this upcoming decision as a pivotal moment in history, especially with Vice President Kamala Harris making history as the first Black and Asian American woman to be a major party nominee for president.
While several states like Colorado, Alabama, and Tennessee have eliminated exceptions for slavery and involuntary servitude in recent years, the process was not immediate. In Nevada, the proposal aims to entirely eradicate slavery and involuntary servitude as forms of punishment for crimes from the state constitution. On the other hand, California altered its constitution in the 1970s to remove a slavery exemption but still retains an exception for involuntary servitude.
One of the most sought-after prison job programs in Nevada is wildland firefighting, where eligible participants are paid around $24 per day. However, critics, like Chris Peterson of the American Civil Liberties Union of Nevada, argue that incarcerated individuals are not fairly compensated for their perilous work. Peterson highlighted a state law that provides a modified workers’ compensation programme for incarcerated workers injured on the job, with payouts based on their average monthly wage at the time of the injury.
In California, a previous version of the proposal was rejected in 2022 due to concerns over costs if all prisoners were to be paid the minimum wage. However, a new law signed earlier this year by Governor Gavin Newsom would establish a voluntary work programme with set wages for incarcerated individuals if the forced labour ban is approved by voters. This law aims to provide prisoners with more opportunities for rehabilitation through education or therapy instead of being compelled to work.
Assemblymember Lori Wilson, who authored this year’s proposal in California, emphasised the importance of rehabilitation over forced labour, drawing from her personal experience of overcoming trauma through therapy. The upcoming decision by California and Nevada voters holds significant implications for the future of prison labour practices in these states, offering a chance to end a system rooted in historical injustices and provide incarcerated individuals with pathways to genuine rehabilitation and growth.