Penal exception clause explained

In the United States, the 13th Amendment to the United States Constitution prohibits slavery and involuntary servitude, except as a punishment for a crime of which one has been convicted.[1] [2] In the latter 2010s, a movement has emerged to repeal the exception clause from both the federal and state constitutions.

List of amendments

Federal

See main article: Thirteenth Amendment to the United States Constitution.

State

With exceptions

Without exceptions

State constitutions with no mentions of slavery or involuntary servitude

Reform and repeal

With Amendment A in 2018, Colorado became the first state to repeal the exception clause from their state's constitution. Bills to repeal similar clauses have passed in Utah and Nebraska after voters approved them in a referendum in 2020.

Following voters approving a 2020 ballot measure allowing Alabama Legislature to recompile the state constitution, the Legislature finalized a repeal of similar penal exception language from the state constitution as part of a bid to remove racist language from the state constitution, which was passed by referendum in November 2022. The legislatures of Vermont and Oregon sent similar amendments to voters for a vote in 2022, both of which were passed.[7] [8] Tennessee's legislature approved similar language for a 2022 ballot after two consecutive sessions, but, like Utah's 2020 revision, included a subsection clarifying that the prohibition will not "prohibit an inmate from working when the inmate has been duly convicted of a crime".[9] The amendment was passed by referendum.

In 2021, Nikema Williams and Jeff Merkley introduced legislation (H.J.Res.53/S.J.Res.21) in the 117th Congress to repeal the exception clause from the U.S. Constitution.

A resolution to bring a repeal to the California state constitution in 2022 was passed unanimously in the California State Assembly. The resolution failed to receive enough votes and was not passed by the California State Senate before the end of the session, preventing it from appearing on the November 2022 ballot.[10] [11] Similar legislation was passed by the legislature and will appear on the November 2024 ballot.[12]

A penal exception repeal was sent to the November 2024 ballot by the Nevada Legislature in February 2022.[13]

Analysis

One report commissioned by Worth Rises argued that repealing the exception clause and allowing fairer labor practices and wage increases to apply to voluntary prison labor would net between USD$18.3 billion and USD$20.3 billion annually in fiscal benefits for state governments.[14]

See also

Notes and References

  1. Web site: Raghunath . Raja . A Promise the Nation Cannot Keep: What Prevents the Application of the Thirteenth Amendment in Prison? . William & Mary Bill of Rights Journal . William & Mary Law School Scholarship Repository . 19 June 2020.
  2. Web site: 13th Amendment: Abolition of Slavery . National Constitution center . 19 June 2020.
  3. Web site: LR1CA - Constitutional amendment to eliminate slavery or involuntary servitude as a punishment for crime . Nebraska Legislature.
  4. Web site: Nebraska Remove Slavery as Punishment for Crime from Constitution Amendment (2020) . Ballotpedia.
  5. Web site: H.J.R. 8 Proposal to Amend Utah Constitution - Slavery and Involuntary Servitude Prohibition . Utah State Legislature . 19 June 2020.
  6. Web site: Utah Remove Slavery as Punishment for a Crime from Constitution Amendment (2020) . Ballotpedia . 19 June 2020.
  7. Web site: Associated Press . Vt. slavery ban amendment approved; goes to voters in November . 2022-03-29 . www.wcax.com . 4 February 2022 . en.
  8. Web site: Antram . Victoria . Oregon voters to decide on removing slavery and involuntary servitude as criminal punishment from state constitution in 2022 – Ballotpedia News . 2022-03-29 . en-US.
  9. Web site: 2021-03-15 . Tennessee Senate approves proposed amendment to remove slavery from state constitution . 2022-03-29 . WJHL Tri-Cities News & Weather . en-US.
  10. Web site: 2022-03-22 . California Assembly advances involuntary servitude amendment . 2022-03-29 . Los Angeles Times . en-US.
  11. News: Lyons . Byrhonda . 2022-06-30 . California lawmakers reject ballot proposal that aimed to end forced prison labor . en-US . CalMatters . 2022-09-13.
  12. News: Nanguneri . Shaanth . 2024-06-27 . Californians will decide — in 2024 — whether to ban slavery. What will the measure do? . 2024-06-29 . CalMatters . en-US.
  13. Web site: Nevadans to vote in 2024 on removing slavery, involuntary servitude as punishment from state constitution . 2023-04-25 . www.cbsnews.com . 23 February 2023 . en-US.
  14. Web site: Sherfinski . David . Ending US jail workers' slavery clause 'could net billions' Context . 2024-06-29 . www.context.news . en.

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