When California joined the United States in 1850, the state banned forced labor with one key exception: as punishment for a crime.

The Legislative Analyst’s Office estimates that about one-third of people incarcerated in state prisons work. They do jobs that keep the jails running — like cooking and cleaning. They also help fight wildfires by cutting firelines and trimming vegetation. "People who refuse to work or do other activities can face consequences such as losing the ability to make regular phone calls," according to the Legislative Analyst's Office.

According to the office, many people doing work inside state prisons earn less than $1 per hour.

California Proposition 6 would ban state prisons from forcing incarcerated people to work against their will.

Official title on the ballot: Proposition 6 — Eliminates Constitutional Provision Allowing Involuntary Servitude for Incarcerated Persons. Legislative Constitutional Amendment.

Understanding Prop. 6

The measure aims to change the state constitution to prohibit involuntary servitude as a punishment for a crime. Prop. 6 also would prohibit state authorities from punishing incarcerated people who decline to work. It would allow incarcerated people to work to earn so-called good-time credits, which could reduce the amount of time they serve behind bars.

The history behind it

Prop. 6 is one of 14 bills that were prioritized by the California Legislative Black Caucus as part of its reparations package — all aimed at recognizing the need to right the wrongs done to Black Californians, especially those who are descendants of enslaved people. 

The recommendation to end forced labor in California prisons comes out of the California Reparations Task Force. Assemblymember Lori Wilson, chair of the California Legislative Black Caucus, called for “a comprehensive approach to dismantling the legacy of slavery and systemic racism.” And Prop. 6 is seen as part of that dismantling.

Cram session

During AirTalk's Ballot Cram Session live event, Larry Mantle talked with Caltech's Michael Alvarez, Pomona College's Sara Sadhwani and Claremont McKenna College's Zachary Courser about Proposition 6.

How it would work

The proposition would ban state prisons from forcing incarcerated people to work against their will.

How much would it cost?

The Legislative Analyst's Office said it’s unclear how much Prop. 6 would cost the criminal justice system. That’s because the state could end up paying people more in order to encourage them to work, increasing costs. But the state could also encourage people to work by offering more time credits, which might reduce overall prison costs.

Either way, the cost would likely “not exceed the tens of millions of dollars each year,” the Legislative Analyst’s Office said.

A similar measure failed to reach the ballot in 2022, in part because the California Department of Finance opposed it, saying the plan could cost $1.5 billion if incarcerated people were paid minimum wage.

Who supports Prop. 6?

• ACLU California Action
• Anti-Recidivism Coalition
• California Democratic Party
• California Teachers Association
• California Black Legislative Caucus

Who opposes Prop. 6?

There are no registered opponents to Prop. 6 but some Republican lawmakers voted against it.

Follow the money

Listen in: AirTalk tackles Prop. 6

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This voter guide originally published Aug. 28.