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A Future Without Involuntary Servitude? In California, It's Long Overdue | KQED

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A Future Without Involuntary Servitude? In California, It's Long Overdue | KQED


In the past, I interviewed a woman who repaired the industrial-sized laundry dryers at the California Institution for Women in Chino while incarcerated. While teaching at Vacaville’s California Medical Facility, I met a man who did landscaping in front of the prison’s religious buildings. There’s a meat cutting facility at Mule Creek State Prison, and a poultry processing enterprise at Avenal State Prison.

Behind bars in California, people make everything from socks to American flags.

There’s plenty of potential occupations for people who are incarcerated. Some jobs are underpaid, and some don’t pay at all. But legally, every able-bodied person is supposed to work. It’s written in the state’s constitution as a form of “involuntary servitude” — or, as many see it: slavery.

This fall, if passed by voters, Prop. 6 would amend the state’s constitution to no longer require people who are incarcerated to work. Finally, 160 years after President Lincoln signed the Emancipation Proclamation, we have the opportunity to put an end to a direct remnant of this country’s most inhumane system.

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How did we get here? Let’s start at the top: the federal government. As you might have learned in history class, the 13th Amendment ended slavery, right? Well, no.

It states:

​​Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.

That exception (“except as punishment for crime”) creates a loophole for states to force people who are incarcerated to work without compensation.

The application of this exception varies from state to state. California is one of eight states where involuntary servitude is still a legal form of punishment for a crime. (There are eight other states where it’s explicitly stated that “slavery,” verbatim, is a legal punishment for a crime.)

With nearly 200,000 people behind bars, California has the most populous incarceration system of all 16 states where this form of punishment is legal. That massive amount of people working for free, or in some cases a few cents per hour, plays a valuable part in the Golden State’s economic system — one that generates the third-highest GDP in the United States.

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Now consider that African Americans account for nearly one-third of all incarcerated people, but only 5% of the state’s total population. Do you start to see how slavery, far from being abolished, is actually alive and well?

Members of Legal Services for Prisoners with Children pose for a photo outside of the California State Capitol Building in Sacramento. (Courtesy of Dr. Tanisha Cannon)

“W

e’re not just simply trying to change the language,” says Paul Briley, Executive Director of Legal Services for Prisoners with Children, of involuntary servitude. “We want to change the practice.”

During a recent video chat, Briley gave me a bit of a history lesson on the roots of the issue in California.

It starts with California’s first governor, Peter Hardeman Burnett, a noted racist and slave owner originally from Tennessee. Burnett got into California politics on the tail end of the Gold Rush, after leaving Oregon, where he was also politically involved. While in Oregon, he helped the state legislature establish a lash law, which required people of African descent to leave the state or else face punishment in the form of whippings.

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“(Burnett) wanted to create a white-only west,” says Briley, adding that Burnett also advocated for California’s Fugitive Slave Law, which put Black residents who’d escaped slavery at high risk of being sent back to Southern slave states. The underlying ambition of the law, Briley says, was to keep this new state’s Black population to a minimum.

In 1852, the same year California passed its Fugitive Slave Law, the state also established its first mainland prison, San Quentin.

“There’s a direct correlation between slavery and mass incarceration,” notes Briley. And so — aiming to abolish not just the language but the practice — “that’s at the core of our mission: dismantling the entire prison industrial complex.”





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Amid angry backlash, serial child molester is rearrested the same day he was set to be paroled

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Amid angry backlash, serial child molester is rearrested the same day he was set to be paroled


Following major backlash about the scheduled release of a serial child molester through California’s elderly parole program, the 64-year-old is now facing new charges that could keep him behind bars.

News that David Allen Funston was set to be freed was met by outrage among victims, politicians and others. The former Sacramento County district attorney who prosecuted Funston said she was strongly opposed to his release: “This is one I’m screaming about.”

Funston, granted parole earlier this month, was set to be released on Thursday from state prison — but was rearrested that same day on new charges from a decades-old, untried case. The charges he’s facing are from a 1996 case in which he is accused of sexually assaulting a child in Roseville, according to the Placer County district attorney’s office.

In 1999, he was convicted of 16 counts of kidnapping and child molestation and had been serving three consecutive sentences of 25 years to life and one sentence of 20 years and eight months at the California Institution for Men in Chino. The sentences followed a string of cases out of Sacramento County in which prosecutors said Funston lured children under the age of 7 with candy and, in at least one case, a Barbie doll to kidnap and sexually assault them, often under the threat of violence.

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He was described by a judge at his sentencing hearing as “the monster parents fear the most.”

Prosecutors in Placer County, at the time, decided not to pursue the case against Funston in Roseville given the severity of the sentences he received in Sacramento County.

But given his scheduled release from state prison, prosecutors decided to file new charges against him. Placer County Dist. Atty. Morgan Gire said “changes in state law and recent parole board failures” led to his improper release.

“This individual was previously sentenced to multiple life terms for extremely heinous crimes,” Gire said in a statement. “When changes in the law put our communities at risk, it is our duty to re-evaluate those cases and act accordingly. David Allen Funston committed very real crimes against a Placer County child, and the statute of limitations allows us to hold him accountable for those crimes.”

He is now being held without bail in the Placer County jail, booked on suspicion of lewd and lascivious acts against a child, according to prosecutors. Funston’s attorney, Maya Emig, said she had only recently learned about his arrest and hadn’t yet had time to fully review the matter.

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But she noted that she believes “in the justice system and the rule of law.”

Emig called the Board of Parole Hearings’ decision to grant Funston elderly parole “lawful and just.”

California’s elderly parole program generally considers the release of prisoners who are older than 50 and have been incarcerated for at least 20 continuous years, considering whether someone poses an unreasonable risk to public safety.

In Funston’s case, commissioners said they did not believe Funston posed a significant danger because of the extensive self-help, therapy work and sex offender treatment classes he completed, as well as his detailed plan to avoid repeating his crimes, the remorse he expressed and his track record of good behavior in prison, according to a transcript from the Sept. 24 hearing.

At the hearing, Funston called himself a “selfish coward” for victimizing young children, and said he was “disgusted and ashamed of my behavior and have great remorse for the harm I caused my victims, their families in the community of Sacramento.”

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“I’m truly sorry,” he said.

But victims of his crimes, as well as prosecutors and elected leaders have questioned the parole decision and called for its reversal.

“He’s one sick individual,” a victim of Funston’s violence told The Times. “What if he gets out and and tries to find his old victims and wants to kill us?”

A spokesperson for Gov. Gavin Newsom said the governor also did not agree with Funston’s release and had asked the board to review the case. However, Newsom has no authority to overturn the parole decision.

Some state lawmakers also cited Funston’s case as evidence that California’s elderly parole program needs reform, recently introducing a bill that would exclude people convicted of sexual crimes from being considered by the process.

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Video shows skier dangling from chairlift at California ski resort

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Video shows skier dangling from chairlift at California ski resort


Thursday, February 26, 2026 7:21PM

Skier dangles from ski lift in Big Bear, video shows

BIG BEAR, Calif. — Stunning video shows a skier in Southern California hanging off a ski lift in Big Bear as two others held her by her arms.

The incident happened Tuesday. Additional details about the incident were not available.

At last check, the video had been viewed more than 13 million times on Instagram.

It appears the skier made it to the unloading area unscathed, thanks to her ski lift buddies.

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PPIC Statewide Survey: Californians and Their Government

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PPIC Statewide Survey: Californians and Their Government


Key findings of the survey include: Five candidates for governor are in a virtual tie heading into the June primary, with affordability emerging as a key issue. Amid concerns about the state budget, solid majorities of likely voters support raising taxes on the wealthiest Californians. Democrats are more enthusiastic than other partisan groups when it comes to voting in congressional elections this year.



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