Proposition 6 and 36

In the upcoming election, voters in California will face a pivotal decision about prison reform:Proposition 6, a measure that aims to amend the state’s constitution to entirely ban involuntary servitude, ensuring incarcerated individuals are no longer forced into labor. At the same time, constituents are prompted to decide overProposition 36, also known as "The Homelessness, Drug Addiction, and Theft Reduction Act," an initiative that has ignited fierce debate across the state.

California’s constitution bans involuntary servitude “unless for the punishment of crimes,” leaving a loophole that allows the state prison’s system to require incarcerated individuals to work in a large array of positions, inside and outside the detention institutions, in some cases in unsafe conditions and with inadequate pay of less than $1 per hour.

 A 2022 research by the American Civil Liberties Union (ACLU), in collaboration with the Global Human Rights Clinic of the University of Chicago Law School, found that the work takes place in dangerous industrial settings or other hazardous conditions. 

The report includes within its findings that “injury logs generated by the California Prison Industry Authority (CALPIA) show that incarcerated workers reported more than 600 injuries over four years, including body parts strained, crushed, lacerated, or amputated.”

In California, some inmates are required to work as firefighters. The study establishes that incarcerated workers face a higher likelihood of injury compared to professional firefighters, noting that over five years, at least four incarcerated firefighters have tragically lost their lives while battling wildfires, and more than 1,000 have required hospitalization due to injuries sustained during these efforts.

The report underscores the severe health risks these individuals face, noting instances of illness and fatality due to heat exposure during routine training exercises.

“In California, when incarcerated people refuse to accept or perform a work assignment, they lose all access to family visits, phone calls (except during emergencies), recreational or entertainment activities, and all personal packages. They may face “disciplinary detention or confinement” (solitary confinement) for 10 days […] Refusing to work in California can also lead to a “115” write-up, a serious rule violation that they can keep an individual from attaining parole,” the study explains.

The study includes an interview with Kelly Savage-Rodriguez of the California Coalition for Women Prisoners, who recalls a troubling account of mistreatment within the prison system. She describes a case where an incarcerated woman was forced to return to work as a porter shortly after having her leg amputated. Despite being physically unable to stand, as her prosthetics had not yet arrived, her request for release from the work assignment was denied.

Compensation is another critical factor to consider. Inmates who work for state-owned correctional industries are paid between $0.35 and $1.00 per hour; for non-industry jobs that include prison maintenance, the pay scale ranges between $0.08 and $0.37 per hour.

“If they continue to force people to work, they're not going to have any kind of opportunities to educate themselves. [If they have opportunities] they can really reduce recidivism rate by educating themselves, and be able to critically analyze their lives and find their lifestyle so when they come home to their families, they could be successful, and they could contribute to the economy […] to provide for them and their families. [The] system is set up like that for a reason,” said Fidel Chagolla, Organizer/Outreach Coordinator at Starting Over, Inc. for “All of Us or None,” an organization that provides civic engagement for individuals returning home from incarceration in Riverside.

At the core of Proposition 6 is a commitment to restoring human dignity for those incarcerated. Prison labor, often criticized as a form of modern-day slavery, conflicts with fundamental human rights. Ending this practice underscores the moral obligation to treat all individuals with respect, regardless of their circumstances.

Supporters of Proposition 6 argue that forced labor offers no rehabilitative value. Instead, it can lead to punitive measures,  compounding trauma and increasing the risk of reoffending. By shifting the focus from punishment to rehabilitation, Proposition 6 aims to create opportunities for incarcerated individuals to voluntarily engage in work and educational programs that promote personal growth.

“I was never asked if I wanted to work. I was just told I was going to work, " as a former incarcerated person, Chagolla reflected on his time in the California Youth Authority and state prison, sharing how he was never given the choice to pursue education. Looking back, he realized that if he'd had the opportunity to make his own decisions, he would have chosen education. "That’s where my trajectory has led me," he said, emphasizing his love for learning. He believes that participating in more educational programs during his 16 years of incarceration would have given him more options and helped him build a better future for himself and his family.

At the time of this article's publication, no organized campaign had been established to oppose Proposition 6.

On the other hand, Proposition 36 intends to address a series of issues related to drug addiction, homelessness, theft, and public safety in California. Aiming to amend what Proposition 47 achieved in 2014, reclassifying some lower-level property and drug offenses as misdemeanors.

Advocates argue that the proposition offers a much-needed solution to these concerns. Critics, however, warn that it could disproportionately impact communities of color and exacerbate mass incarceration.

“The problem is that [Prop 36] makes simple drug possession a felony, and this will cost taxpayers dollars for incarceration without reducing crime. It just reignites a failed war on drugs, wasting billions of dollars in jails and prisons. This money should be better spent [on] more rehabilitation centers and more rehab programs. [Spending more on prisons] means bigger cuts to schools, health care, and other essential services,” explained Russell M. Jauregui, Staff Attorney at the San Bernardino Community Service Center.

The act introduces harsher penalties for individuals convicted of theft two or more times. Regardless of the value of the stolen property, these individuals could face felony charges. The measure also enables judges to impose enhanced penalties in organized theft cases, such as "smash-and-grab" robberies by groups or when the value of stolen goods exceeds $50,000.

Among other standpoints, Proposition 36 states that since the passage of Proposition 47 in 2014, which reduced the legal consequences of possession of hard drugs, “the result has been massive increases in drug addiction, mental illness, and property crimes, including retail theft, committed by addicts to support their addiction.”

An element that is left behind is the impact that the COVID-19 pandemic had on Mental health and substance abuse in the U.S. In 2021, the National Library of Medicine established that  “compared to 1 in 10 adults in 2019, 4 in 10 American adults have reported symptoms of anxiety or depression throughout the course of the pandemic. Given that up to 50% of those with substance use disorders (SUDs) experience symptoms of mental illness, reports of substance abuse have been on the rise as well.”

Furthermore, the study indicates that “according to the Centers for Disease Control and Prevention (CDC), 13% of Americans have reported increasing or starting substance use as a way of coping with stress related to the pandemic. An overdose reporting system known as ODMAP also reported an 18% increase nationwide in opiate overdoses.”

Proposition 36 indicates that “our homelessness problem is directly connected to these unintended consequences of Proposition 47.” Nonetheless, a 2023 statewide study by the University of California San Francisco indicated that the crisis has a multifactor nature, some of which include “homelessness is inextricably linked to deep poverty. The median monthly household income preceding homelessness was $960 ($1400 for leaseholders and $950 for non-leaseholders),” also noting that “ongoing impacts of structural racism place communities of color at increased risk for homelessness. Black and Indigenous communities are disproportionately impacted”.

In an interview with Fox40 News, Matt Mahan, San Jose Mayor and Proposition 36 supporter, said: “We spend over $50,000 per person per year for each homeless individual in our street.” However, the California Legislative Analyst's Office (LAO) estimated in 2022 that “it costs an average of about $106,000 per year to incarcerate an inmate in prison in California.” Utilizing incarceration as a strategy to tackle homelessness could present a significant fiscal strain on the state's budget.

On the other side of the debate, some business organizations rally behind Proposition 36, citing the need to combat the rising tide of retail theft and its economic impact.

“We support Proposition 36 […] Our position is only based on the impact that the previous proposition 47 has had on small businesses. As you all know, we've had a mass increase in smash-and-grab. People just come in stealing, taking things out, whether it's a convenience store, [or] retail establishment, without any fear to reprise or prosecution. We feel that Prop 36 would put back in some of the deterrents that encourage this type of crime against our small businesses.” Said Julian Canete, President and CEO of the California Hispanic Chamber of Commerce.

According to the Public Policy Institute of California (PPIC), shoplifting “jumped 29% in 2022 and surged another 39% in 2023; as a result, it was 28% higher—with about 24,000 more reported incidents—than in 2019, and at its highest observed level since 2000.”

Nevertheless, another PPIC report indicated that “we find no evidence that violent crime increased as a result of Proposition 47. While California saw an uptick in the violent crime rate from 2014 to 2016, this trend appears to have preceded the reform and is due in large part to unrelated changes in crime reporting after 2014.”

The document also specifies that “Recidivism rates decreased due to Proposition 47. Using data from 12 California counties, we find that among individuals released after serving sentences for Proposition 47 offenses, the two-year rearrest rate was 70.8 percent, 1.8 percentage points lower than for similar individuals released before the reform. The two-year reconviction rate for individuals released under Proposition 47 was 46.0 percent, 3.1 percentage points lower than their pre-reform counterparts.”

For many, the fate of Proposition 36 could set the tone for California’s future approach to crime and justice. Will it help curb theft and drug trafficking, as proponents suggest? Or will it contribute to another era of mass incarceration, disproportionately targeting people of color? The decision is in the voters’ hands.

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