California and Nevada Voters Face Crucial Decision on Forced Prison Labor

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California and Nevada are stepping into a historic moment this November. Voters will have the chance to ban forced prison labor by revising their state constitutions. This change is more than a legal adjustment; it’s about addressing a long-standing issue rooted in the legacy of slavery.

The Current Landscape of Forced Labor in Prisons

Across both states, forced prison labor is alarmingly common. Inmates often earn less than $1 an hour for laborious tasks such as:

  • Fighting wildfires
  • Cleaning prison facilities
  • Making license plates
  • Yard work at cemeteries

In Nevada, about 10,000 inmates are incarcerated, with a striking requirement that all prisoners must work or participate in vocational training for 40 hours weekly, unless exempted for medical reasons. The pay? Some make as little as 35 cents per hour.

The Push for Change

Jamilia Land, an advocate with the Abolish Slavery National Network, passionately supports these measures. She highlights this election as an opportunity to eradicate “legalised, constitutional slavery” in California and Nevada. Her statement is timely, coinciding with Vice President Kamala Harris’s groundbreaking run as the first Black woman nominated for president.

Several states, including Colorado, Alabama, and Tennessee, have already begun to eliminate exceptions for slavery in their constitutions. Colorado was the first to make this change in 2018, yet inmates still report being coerced into work, as seen in a 2022 lawsuit against their corrections department.

What the Measures Aim to Achieve

  • Nevada’s Proposal: Aims to abolish both slavery and involuntary servitude as punishment for crime.

  • California’s Proposal: While some constitutional changes occurred in the 1970s, the exception for involuntary servitude remains, necessitating this new push.

The Human Cost of Forced Labor

Wildland firefighting is particularly sought after among Nevada inmates. Eligible participants earn around $24 per day, but this hardly compensates for the hazardous nature of their work.

Chris Peterson from the American Civil Liberties Union of Nevada points out the disparity in wages. Inmates performing dangerous work receive pennies while others earn dollars. This situation raises ethical questions about fairness and justice.

A Real-Life Example

Consider the case of Darrell White, an injured prison firefighter. After his injury, he learned that his disability payment would amount to just $22.30 per month for a daily rate of $0.50. By the time he was released, he faced a mountain of financial responsibilities, which his meagre payment could never cover.

This case went to the Nevada Supreme Court, which dodged the question of minimum wage rights for prisoners, leaving many in similar predicaments.

Legislative Background and Future Implications

In 2022, Governor Gavin Newsom’s administration rejected a previous forced labor proposal, citing financial concerns about raising inmate wages to the minimum level. This year, however, he signed a law that mandates the Department of Corrections to establish a voluntary work program, contingent on voter approval of the forced labor ban.

California Assemblymember Lori Wilson, who authored the proposal, emphasises the importance of rehabilitation over forced work. She shares her personal story of overcoming trauma through therapy, contrasting it with her brother’s fate in prison due to a lack of support.

Voices of Experience

Yannick Ortega, a former inmate with a 20-year sentence for murder, highlights the core of this issue. She recalls being forced to work during her incarceration.

“When you are sentenced to prison, that is the punishment,” Ortega states, stressing that the loss of freedom should suffice without the additional burden of forced labor.

Conclusion: A Call to Action

As California and Nevada voters prepare to cast their ballots, the stakes are higher than ever. By supporting the ban on forced prison labor, they will not only be addressing an archaic practice but also advocating for the dignity and rights of incarcerated individuals. The outcome could redefine justice in these states, proving that reform is possible when citizens stand up for change.

The decisions made in November will echo through history, paving the way for a more equitable future for all.


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