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California Senate rejects involuntary servitude amendment

Democratic state Sen. Sydney Kamlager said it was immoral for the California Constitution to allow involuntary servitude, a form of slavery.

SACRAMENTO, Calif — The California Senate on Thursday rejected a proposal to ban involuntary servitude as punishment for a crime after Gov. Gavin Newsom's administration warned it could cost taxpayers billions of dollars by forcing the state to pay inmates who work while in prison a $15-per-hour minimum wage.

California's constitution bans both slavery and involuntary servitude — forcing someone to provide labor against their will — but there is an exception for the punishment of a crime. Some state lawmakers proposed an amendment to remove that exception, an amendment that must first be approved by voters.

But the state Senate, which is controlled by Democrats, on Thursday failed to put the amendment on the ballot this fall. They could try again next week. But if it doesn't pass by June 30, it won't be on the ballot this year.

Credit: AP
Republican state Senators, from left Andreas Borgeas, Jim Nielsen and Rosilicie Ochoa Bogh, discusses a measure to place a Constitutional amendment on the ballot to ban involuntary servitude as punishment for a crime, at the Capitol in Sacramento, Calif., Thursday, June 23, 2022. The bill, carried by state Sen.Sydney Kamlager, did not get enough votes for passage with Borgeas, Nielsen and Ochoa Bogh joining others in voting against it. California's Constitution bans both slavery and involuntary servitude, forcing someone to provide labor against their will, but there is an exception for the punishment of a crime.(AP Photo/Rich Pedroncelli)

California is one of many states that allows involuntary servitude for the punishment of a crime. For decades, the state used that exception to make money from its prison population by leasing inmates — mostly Black men — to private companies for work.

That “convict lease” system doesn't exist anymore. But California prison inmates are required to either work or participate in education or rehabilitative programs. Inmate jobs — which include things like clerks, painters and carpenters — pay salaries that range from a low of 8 cents per hour to 37 cents per hour.

The Newsom administration warned the amendment could require the state to pay prison inmates the minimum wage, which in California is $15 per hour for companies with 26 or more employees. That could cost taxpayers $1.5 billion per year.

Many Democrats did not vote for the bill because they were worried about how it would impact the prison system.

“The question this measure raises is whether or not Californians should require felons in state prison to work,” Democratic state Sen. Steve Glazer said. “Banning the work requirement in our prisons would undermine our rehabilitation programs (and) make prison more difficult to manage safely.”

Democratic state Sen. Sydney Kamlager said it was immoral for the California Constitution to allow involuntary servitude, a form of slavery.

Credit: AP
Democratic State Sen. Sydney Kamlager watches as the votes are posted on a measure she is carrying to place a Constitutional amendment on the ballot to ban involuntary servitude as punishment for a crime, at the Capitol in Sacramento, Calif., Thursday, June 23, 2022. The bill failed to get enough votes for passage. California's Constitution bans both slavery and involuntary servitude, forcing someone to provide labor against their will, but there is an exception for the punishment of a crime.(AP Photo/Rich Pedroncelli)

“Slavery is still alive and well and nicely packaged in the form of involuntary servitude,” Kamlager said. “California is a plantation state.”

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