California's prisoners mustn’t be subjected to abuse by their prison guards, but inmates also needs to not be required by law to find out what work they’re willing to do behind bars.
For this reason, voters should reject Bill 6, which is cloaked in language about slavery and compelled labor, but in point of fact goals to permit prisoners to refuse work assignments.
The fundamental query is whether or not prisoners ought to be required to do work that contributes to their room and board. We consider that they ought to be required to do that, just as the remaining of us in prison who haven’t committed crimes are required to do.
For this reason, the state prison system relies heavily on inmate labor. The alternative can be a fair greater burden on taxpayers to take care of our prisons and jails.
The 13th An amendment to the U.S. Constitution prohibits slavery and compelled labor, “except as a punishment for crime whereof the person shall have been duly convicted.” Likewise, Article I, Section 6 of the California Constitution prohibits slavery, and “forced labor shall be prohibited, except as a punishment for crime.”
Proposition 6 seeks to redefine the state's constitutional protections by eliminating the criminal punishment exemption. The ballot bill would also add a provision stating that “the Department of Justice may not discipline incarcerated individuals for refusing a work assignment.”
The state's Attorney General, Rob Bonta, put his thumb on the voting dial when he introduced the title for the bill: “It eliminates the constitutional provision that allows forced labor.” He might as well have said that it “adds a constitutional provision that allows prisoners to refuse work.”
Remember, this will not be only a change in state law, this can be a change within the state structure. Not only is it bad policy in the primary place, but one can only imagine the legal battles that might arise if inmates attempt to push the boundaries of what constitutes a piece project.
Could it include, for instance, protecting prisoners from the duty to maintain their cells clean themselves? Could a court interpret the brand new constitutional provision to mean that prisoners on the minimum wagepotentially costing the state billions of dollars in work that essentially serves to take care of their very own housing facility?
Of course, work assignments mustn’t be assigned arbitrarily to unfairly punish prisoners. But if there’s an issue with abusive prison guards, it ought to be addressed through targeted laws, not a sweeping constitutional amendment which may allow prisoners to legally stage work stoppages that shut down prison facilities.
It is cheap to ask prisoners to brush the floors, clean the bathrooms, or cook within the kitchen. If we will expect the identical of ourselves and our youngsters, and demand that members of the military perform these tasks, then after all we will ask the identical of incarcerated convicted criminals.
Voters should reject Proposition 6.
Originally published:
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