The legacy of slavery and forced labor runs deep in California’s history, from the exploitation

of Indigenous people in Spanish missions to Black people who were enslaved and forced to

mine for gold. This legacy goes as far back as the first iteration of the California State

Constitution, introduced in 1849, that stated: “Neither slavery, nor involuntary servitude,

unless for the punishment of crimes, shall ever be tolerated in this State” (Article I, Sec. 18).

The following year, the racist Indian Indenture Act criminalized everyday behavior in CA,

allowing any white man who “found” an “Indian” loitering, unemployed, frequenting public

places where liquor was sold, begging, or leading an “immoral” life to take that charge before a

judge. The judge would then order the Indian seized and sold at public auctions (Provision 20).

In 1850, the federal Fugitive Slave Act required governments and any white person to

recapture people who escaped from slave-holding jurisdictions – meaning any person brought

to California before statehood as a slave would legally remain a slave. California additionally

passed its own Fugitive Labor Act in 1852, essentially suspending the state constitution’s

anti-slavery clause, allowing free Blacks to be re-enslaved.

In 1855, the Greaser Act legalized the arrest of individuals with "Spanish and Indian

blood" who were perceived as violating California’s anti-vagrancy statute. Although CA

joined the Union as a “free state,” a slave market flourished here from 1850 to 1870.

While slave trafficking faded out in the 1870s, it was tragically in large part due to the

genocide of Native Americans.

In 1865, Congress passed the 13th Amendment, which ended chattel slavery nationwide

but allowed slavery to exist in other forms. This slavery “exception clause” remains in

both the U.S. Constitution and our State Constitution.

[Legacy of Slavery Continued]

Despite popular assumption, slavery did not end with the ratification of the now

infamous 13th Amendment to the US Constitution, commonly referred to as the

“abolition amendment”. Embedded within the 13th Amendment of the US Constitution

as well as within California’s State Constitution (Article 1, Section 6), therein lies an

exception. The exception pertains to those being “punished for a crime”.

Uniquely, the CA Constitution reads that “slavery is prohibited. Involuntary servitude is

prohibited, except as punishment for a crime” (A1, S6). For those incarcerated and caught

within the grasp of California’s criminal “justice” system, this has normalized a system

of forced labor and exploitation on a mass scale.

We must mention the racial disparities within our so-called “justice” system. In CA,

Black and Brown people make up about 70% of those incarcerated in the entire state.

The legacies of African and Indigenous slavery are alive and operating on a mass scale.

[How does slavery-involuntary servitude look like in today’s prisons?]

Upon entry into the carceral system in CA, it is regular practice, after going through a reception and classification

process, to be assigned to some kind of labor or work assignment. Incarcerated individuals have ZERO say in

the matter and will be punished if they refuse any labor assigned. The right to consent to labor is nonexistent as

well as the right to withdraw your consent.

If you so much as miss time from work for any reason, you will be punished. We have heard many stories of

prisoners losing family members, or dealing with other tragic circumstances, and not being in a headspace to

report to work; instead, they are reprimanded and given administrative write-ups for failing to report to work.

Others are physically unable to work and still receive punishment if they don’t report to work every time, on

time. We have surveyed countless others who would like nothing more than to pursue their education and

rehabilitative programming, but instead are forced to labor for $0.8 or $0.16 cents an hour. Forced labor,

and involuntary servitude, are nicer words for slavery; and slavery/involuntary servitude is the antithesis of

rehabilitation.

[Punishment]

Punishment for refusing work, missing work, being late to work, or not working up to their standards can look

like:

• Taking away/limiting access to visits

• Taking away/limiting phone time

• No access/limited access to the canteen

• Limiting access to yard or rec time

• Receiving an administrative “115” which goes in your file and has a direct effect on your chances of

receiving parole when you are up for your hearing with the Board of Parole

• Limiting/reducing your “good time” credits which can effectively keep someone incarcerated much

longer

[Solution]

Involuntary servitude exists in California because our state’s Constitution gives it legal right via the

aforementioned Article 1, section 6. Assembly Constitutional Amendment 8 (ACA 8), introduced by

Assemblymember Lori Wilson proposes an amendment to CA’s Constitution to remove the exception to

involuntary servitude while explicitly outlawing the practice of involuntary servitude and forced labor

“including as punishment for a crime”. We are also hard at work developing the strongest language possible to

ensure that whatever we pass has a direct effect on incarcerated populations. To pass ACA 8 we must clear both

legislative houses (Assembly and Senate) with a 2/3s vote. Then, ACA 8 would qualify for the ballot and will

be voted on by California’s citizens in a proposition.

[Status]

We are currently working on getting ACA 8 passed in the California Senate. We successfully navigated the CA

Assembly with a bipartisan victory on the Assembly floor back in September with a - 68 YES - 4 NO final vote

count (needed at least 54).

The next stop is the Senate Public Safety Committee. We are pushing to get ACA 8 passed by June 24th, 2023, to qualify for the

November 2024 ballot. We need ALL the support we can get to educate the public and

spread awareness about this historic campaign. Early polling has shown that the average Californian does not

fully understand the consequences of having an exception clause to involuntary servitude embedded in our

state’s Constitution. Further, many voters don’t know what involuntary servitude is. So one of our main

messages has been, “involuntary servitude is slavery”.