An inmate at Valley State Prison in Chowchilla, California, mops the floor of the prison kitchen.Andrew Burton/Getty

As J. Vasquez He was incarcerated at Salinas Valley State Prison in California and worked as a porter – sweeping, mopping and taking out the trash. The pay was less than 15 cents an hour and as a “third watch” porter he worked from 2 p.m. to 9 p.m. The timing of his shift often coincided with prison programs, which was a source of constant frustration for Vasquez. He had gone to prison at the age of 19 and wanted to “take responsibility for his life.” However, he was not allowed to be away from his work to attend classes. When a group of crime survivors came to the prison to talk to inmates, Vasquez told me, “I thought about just putting the broom down and leaving anyway.” But he worried that refusing to work could lead to a disciplinary violation , which would eventually appear in his parole application.

The California Penal Code requires most inmates to work while in prison. If they refuse to do so, they may be subject to disciplinary measures ranging from loss of access to telephone calls to placement in solitary confinement. This is because the California State Constitution imposes a limitation on the prohibition of involuntary servitude: it is permitted to “punish crimes.” Proposition 6 gives California voters the opportunity to decide whether to remove this exemption from the Constitution.

For supporters of Prop 6, the exemption in the state constitution is a clear and troubling remnant of slavery. “The practice of involuntary servitude is just another name for slavery in our California jails and prisons,” said Carmen-Nicole Cox, staff attorney at ACLU California Action Mother Jones.

But the movement to abolish involuntary servitude in California has not been as easy as one might imagine, and advocates face an uphill battle. A national poll conducted in early September found that 50 percent of voters said they would vote against the proposal, while 46 percent said they would vote for it.

Of the 95,600 people incarcerated in California state prisons, about 65,000 work. This reflects the national trend: A 2022 ACLU report estimates that two out of three people incarcerated in state and federal prisons work. In California, most jobs involve the daily operations of prisons: preparing food, doing laundry or doing janitorial work. Some jobs are unpaid, but most earn between 8 and 37 cents per hour.

About 7,000 prisoners work through the California Prison Industry Authority in manufacturing and service sectors – such as making license plates, processing eggs and making dentures. These jobs are in demand because they pay better – they range from 35 cents to $1 an hour. Around 1,600 people work in conservation camps, where they respond to fires and other natural disasters. You will be paid between $1.45 and $3.90 per day and an additional $1 per hour for emergency firefighting.

Currently, at least 15 states have constitutions that allow involuntary servitude as punishment for crimes. Lawmakers across the country have moved to ban forced labor in prisons by amending their state constitutions. In 2022, voters approved the changes in Alabama, Oregon, Tennessee and Vermont – in addition to Colorado, Utah and Nebraska.

In 2020, Sydney Kamlager-Dove, then a member of the California Assembly, introduced an early version of a ban on forced prison labor. However, it failed to pass the state Senate after the California Department of Revenue opposed it, writing in a report that given the amendment's broad language, its financial impact was largely unknown. The report warned that it would cost taxpayers about $1.6 billion to pay incarcerated workers California's minimum wage, which was $15.50 in 2023. Additionally, the report said, the measure could leave the state vulnerable to potential litigation from incarcerated people. In Colorado, for example, in 2022, inmates filed a lawsuit alleging they were still forced to work despite a constitutional amendment banning involuntary servitude in prisons.

The report also noted the broad definition of involuntary servitude. Judges may sentence someone to community service instead of a fine or prison sentence – since this work is unpaid, it could also be considered involuntary servitude.

Democratic Sen. Steve Glazer joined five Republicans in voting against the measure. After the failure, Glazer said in a statement that the issue of forced prison labor was better suited for lawmakers. He argued that a unilateral ban on compulsory work would “undermine our rehabilitation programs” and “make it difficult to run prisons safely.”

This time, a companion bill intended to address concerns about prisoner wages would allow the state Department of Corrections and Rehabilitation to set wages for incarcerated workers if a constitutional amendment is adopted.

In January, Assemblymember Lori Wilson brought back the measure, which was included in a legislative package recommended by the California Legislative Black Caucus as part of reparations for the descendants of enslaved Americans.

Although the current version of the ballot measure, with Glazer's support, easily passed both the state Assembly and Senate, many of the same concerns remained. Glazer recently told Capital Public Radio he is still concerned about “unintended consequences” for prisons. There is speculation that prisons will have difficulty doing their jobs if inmates refuse to work in laundry and kitchen positions. Glazer told the radio station that he had been assured that the state could still force people to do “chores.”

Above all, financial concerns remain. Even if incarcerated people are not paid a minimum wage, the change could still result in higher costs for prison operations. A summary prepared by the attorney general's office noted that if incarcerated people are not punished if they refuse to do so, prisons may have to “find other ways to encourage work.” This may include a raise or offering “time credit” toward a prison sentence.

Advocates say these concerns reflect a misunderstanding of life in prison. Vasquez, who is now manager of policy and legal services at Communities United for Restorative Youth Justice, said incarcerated people often want to work, if only to get out of their cells. The work also offers some “fringe benefits,” he explained. As a porter, Vasquez was able to obtain replacement cleaning supplies and extra food may be available for those working in the kitchen. And because there are only available positions for about two-thirds of those incarcerated, there are sometimes waiting lists for positions.

Additionally, advocates say it is wrong to calculate Prop 6's cost benefit solely in terms of the burden on taxpayers. Brandon Sturdivant, Prop 6's campaign manager, says eliminating forced prison labor will give incarcerated people the opportunity to rehabilitate and better prepare to return to their communities. Sturdivant said his father spent 12 years in prison, where he spent time making license plates instead of “getting the tools he needed to get out and be a father and a pillar of his community.”

Proponents of Prop 6 also point out that education and rehabilitation programs have been proven to reduce recidivism. And that has its own economic benefit — it now costs $132,860 a year to incarcerate someone in California. To Sturdivant said the biggest hurdle to passing Prop 6 is reaching and educating voters, something the coalition of organizations supporting the ballot initiative is trying to accomplish through phone banks. When talking to voters, they try to clear up misunderstandings and put the issue in a personal, humanitarian form. Esteban Núñez, a formerly imprisoned consultant and strategist, essentially said: Prop 6 presents voters with a “moral issue” and a chance to “restore dignity to the people within.”