Legislation Presently Being Considered To End Involuntary Labor In NY Jails, Prisons – This Removes Punishment For Crime As Mandate For Compulsory Servitude As Provided By 13th Amendment

Provides that no incarcerated individual in any state or local prison, penitentiary, jail or reformatory shall be compelled or induced to provide labor against his or her will.

This bill has passed the Senate but has not yet passsed the Assembly, and is currently awaiting a general election of new Assembly members.

TITLE OF BILL:

CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY proposing an amendment to article 1 of the constitution, in relation to the abolition of slavery for persons convicted of crimes

PURPOSE:

To allow persons incarcerated in a New York State prison the right to refuse to work while incarcerated.

SUMMARY OF PROVISIONS:

Section 1 resolves that article 1 of the constitution be amended by adding a new section 20 which would abolish slavery for all persons convicted of crimes, this includes involuntary servitude under the threat of harm in all forms.

Section 2 states the execution of this amendment in line with the following legislative session convening after the next succeeding gener- al election of NYS Members, as it conforms to section 1 of Article 19 of the Constitution.

JUSTIFICATION:

The 13th Amendment of The Constitution ended slavery and involuntary servitude except as punishment fora crime. Thus, while forced labor is outlawed in free society in the United States, it is allowed to prolif- erate in our prisons and jails. Incarcerated individuals should not be compelled to work against their will. They should be able to freely accept or deny work.

PRIOR LEGISLATIVE HISTORY:

S308 of 2021-22: Opinion referred to Judiciary.

S6781 of 2019-20: Opinion referred to Judiciary.

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

To be determined.

EFFECTIVE DATE:
Resolved (if the Assembly concur), that the foregoing be referred to the first regular legislative session convening after the next succeeding general election of members of the assembly, and, in conformity with section 1 of article 19 of the constitution, be published for 3 months previous to the time of such election.

Text of the Amendment:

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Section 1. Resolved (if the Assembly concur), That article 1 of the constitution be amended by adding a new section 20 to read as follows:
§ 20. ABOLITION OF SLAVERY FOR PERSONS CONVICTED OF CRIMES. NEITHER SLAVERY NOR INVOLUNTARY SERVITUDE SHALL EXIST IN THE STATE OF NEW YORK FOR PERSONS CONVICTED OF CRIMES. NO INCARCERATED INDIVIDUAL IN ANY STATE OR LOCAL PRISON, PENITENTIARY, JAIL OR REFORMATORY SHALL BE COMPELLED OR INDUCED TO PROVIDE LABOR AGAINST HIS OR HER WILL BY ACTUAL OR THREATENED FORCE, PUNISHMENT, SEXUAL ASSAULT, OR BY ANY OTHER MEANS REASONABLY LIKELY TO CAUSE THE INCARCERATED INDIVIDUAL TO BELIEVE THAT IF THEY DO NOT PROVIDE SUCH LABOR THAT THEY OR ANOTHER PERSON WOULD SUFFER PHYSICAL, EMOTIONAL OR MENTAL HARM, OR OTHER ADVERSE CONSE- QUENCES. THIS SECTION SHALL BE SELF-EXECUTING.
§ 2. Resolved (if the Assembly concur), That the foregoing be referred to the first regular legislative session convening after the next succeeding general election of members of the assembly, and, in conform- ity with section 1 of article 19 of the constitution, be published for 3 months previous to the time of such election.

Banner Image: Slavery Still Exists. Image Credit – Hermes Rivera