CA voters rejecting ban on reducing privileges for inmates who refuse to work

(The Center Square) - Despite zero formal opposition, Californians are rejecting a proposition that would have banned prisons reducing privileges for prisoners who refuse to take work assignments. During prison intake, prisoners are assessed for skills and abilities for job placement in the prison system, ranging from cooking and cleaning in the prison, to cutting other inmates’ hair.

While 5.5 million votes remained outstanding in California on Friday morning, Proposition 6, titled, “Eliminates Forcing Inmates to Work,” appears trending towards failure, with the support of only 45.3% of voters thus far. The majority of voters in all but nine counties — Los Angeles County, the Bay Area, and Alpine County, which has 960 registered voters and is 96% owned by the federal government — have rejected the measure, leading to a San Francisco Chronicle opinion column to be titled, “Californians just voted to keep slavery in their constitution. Why?”

Prop 6., which had no opposition filed while it was being voted upon in the state legislature, and in the ballot guide when it was put before voters, would have removed language in the California constitution that allows involuntary servitude as punishment for crime, and would have banned “slavery in any form, including forced labor compelled by the use or threat of physical or legal coercion.”

“Incarcerated people should be able to choose jobs and shifts that allow them to continue their education, use the law library, get counseling, and participate in other rehabilitative programs that facilitate growth and transformation,” wrote author Assemblywoman Lori Wilson, D-Suisun City, in support of the measure.

The California State Senate Judiciary Committee’s analysis detailed how prisoners who opt not to work are given membership in a lower-privilege group in the prison system, and that it’s unclear whether this privilege system constitutes the kind of coercion that would have been banned by the measure.

Those who refuse work have fewer recreation options, reduced purchasing opportunities at the prison store, only one phone call per work, and cannot receive family visitors or packages, while those who do work can receive packages, family visits, tablet and phone access, full recreational access family visits, time off in the prison, higher authorized purchasing levels in the prison store, and four packages per year.

“If litigated, courts would need to evaluate whether the working conditions for incarcerated individuals constitute forced labor compelled by the use or threat of physical or legal coercion,” wrote the committee staff in their analysis. “For example, would the fact that an individual who would prefer to participate solely in non-work programming but who chooses to work because certain privileges are only afforded to individuals with a work assignment be considered legal coercion?”

Work assignments are a standard part of the American prison system, including at the federal level. Wages in California prisons are only up to 74 cents per hour. However, the state spends approximately $132,860 per inmate per year, or 40% more than the California median family income.