BAKERSFIELD, Calif. (KERO) — Proposition 6 aims to ended forced labor in California prisons to create more time for inmates to pursue rehabilitation programs and participate in voluntary work programs.
- Video shows local prisons
- Proposition 6 aims to end involuntary servitude in California prisons.
- The measure has no formal opposition, but in the polls voters are split on the amendment.
The November 5th election brings the potential for a number of changes in the state.
One of those, Proposition 6, gives California voters the chance to end involuntary servitude in state prisons so inmates can prioritize rehabilitation services.
Prop 6 would amend the California Constitution to keep the state from punishing inmates with involuntary work assignments or disciplining those who choose not to work.
“What does it look like to really engage people outside of just locking them up, right? We want to get skills and teach them things because we want people to contribute back to society,” Ian Anderson, a political analyst, said.
In place, it would establish a voluntary work assignments program to allow inmates to take time off their sentences through credits and create more time for rehabilitation programs.
J Vasquez, a former inmate, convicted of second-degree murder at 16 years old Sacramento in a gang related incident, says a program like this would have given him the opportunity to participate in rehabilitation programs earlier.
“The problem, though, is like the forced prison labor really undermines that rehabilitation in practice because the way the prison system is set up, the way it works is, like the work is prioritized over everything else,” Vasquez said.
Vasquez spent more than 25 years in prison and says when he had the opportunities to participate in rehabilitation, he began to heal from trauma in his youth and turn his life around.
"I wouldn't be able to do the things that I'm doing now and be in the head space, emotional head space, and be able to help others in my community the way I am now, had it not been for the programs on the inside,” he said.
Vasquez says he now is pursuing higher education and supporting other people who have experiences like him.
“All the data points to this very small loophole that basically says when you force someone to work and not allow them to take place in rehabilitative courses like drug and alcohol counseling, domestic violence classes, get their GED and high school diploma, they fail when they get out,” Jay Jordan, a general strategist for the Prop 6 campaign, said.
According to the most recent data from the California Department of Corrections and Rehabilitation, the recidivism rate, or the rate at which a convicted criminal becomes a repeat offender dropped to 41.9% in 2019.
Supporters of Prop 6 say this measure would help reduce that rate, and while there's no formal arguments against Prop 6, Anderson says there's still concerns.
“I would caution people thinking this is a catch all, cure all for the criminal justice reform system because at the end of the day, it still has to be implemented,” Anderson added.
That implementation, Anderson says could be expensive for the state.
I reached out the the CDCR about how Prop 6 would impact their work if passed.
While CDCR does not comment on proposed constitutional amendments, Mary Xjimenez with CDCR says,
"CDCR’s goal is for every incarcerated person to take advantage of positive programming and rehabilitative opportunities such as education, self-help, vocational and other programs. These rehabilitative pathways are intended to ease the transition back into their communities and reduce recidivism.
The current prison labor requirement statute, Penal Code section 2700, was passed by the Legislature in the 1940s and the Secretary of the California Department of Corrections and Rehabilitation does not have discretion as to which laws it can enforce or impose.
Per the legislature’s mandate in established penal code, (PC 2700 [leginfo.legislature.ca.gov], 2700.1 [leginfo.legislature.ca.gov], 2701 [leginfo.legislature.ca.gov] and 2706 [leginfo.legislature.ca.gov]), CDCR has implemented regulations [govt.westlaw.com] that establish the current work requirements, including the requirement that every able-bodied incarcerated person is expected to work in a job and/or other rehabilitative program. These regulations also make clear that when assigning an individual to work, academic, therapeutic or other institutional programs, the individual’s expressed desires and needs are among the factors that are considered. Nearly 60,000 incarcerated people have job assignments in California prisons.
Beginning April 16, 2024, CDCR increased wages of incarcerated workers as part of its commitment to preparing individuals for successful reintegration into their communities. The decision, informed by input from employees, incarcerated individuals, and community organizations, aims to allow incarcerated people to work fewer hours while participating in rehabilitative programs. The wage increase incentivizes job retention, supports restitution payments, and helps individuals save for their release. Additionally, all unpaid work assignments have been eliminated, and up to 75 percent of full-time jobs will transition to half-time positions. This change aligns with the California Model [cdcr.ca.gov], which emphasizes public safety."
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