California voters are set to decide whether to ban forcing inmates to work as a form of punishment, which civil rights advocates have called a remnant of the state’s history of slavery.

Proposition 6 would amend the state constitution to remove a provision allowing jails and prisons to impose involuntary servitude on inmates and to discipline those who refuse to work.

California outlawed slavery and involuntary servitude in 1850, but the state’s first constitution contained an exception allowing prisons to force inmates to work or be penalized. The removal of the clause was among the key priorities recommended by the state’s Reparations Task Force created to address the legacy of slavery and inequities that harmed Black people in California. 

California is one of 16 states that allow forced labor in prisons. Prison labor would still exist in the state if the measure is approved by voters, but it would be voluntary. State prisons would also be required under Proposition 6 to establish work assignment programs in which inmates can earn credits toward early release. City and county ordinances could also establish pay scales to incentivize inmates to work.  

A similar measure in 2022 was put before the state Legislature, but it lost support after it was determined that it would cost California an estimated $1.5 billion a year to pay minimum wage to prisoners. 

Proposition 6, which was authored by Assemblywoman Lori Wilson (D-Suisun City), does not change what inmates are paid. According to the California Department of Corrections and Rehabilitation, inmates earn anywhere from $0.16 per hour for basic labor to $10.24 per day for those who work as firefighters.  

A companion bill in the California Assembly would allow the CDCR to set wages for incarcerated workers if a constitutional amendment passes. 

Supporters of Proposition 6 say the measure would lead prisons to focus on rehabilitation programs instead of forced work that may not help prepare inmates for life after prison. There is no statement of opposition to the measure registered with the Secretary of State, but opponents have previously argued that the costs to the state are unknown. 

Proposition 6’s fiscal impact depends on the degree of changes to how inmates work in state prisons and county jails. According to the state voter guide, any effect likely would not exceed the tens of millions of dollars annually.