The 13th Amendment to the U.S. Constitution is known for abolishing slavery, but it only ended chattel slavery while allowing another form to persist. The amendment includes an exception clause permitting slavery and involuntary servitude as punishment for a crime, which is the basis for forced prison labor today. After emancipation, southern states, including Virginia, enacted 'Black Codes' to restrict African Americans' freedom and ensure a cheap labor force. This 'slavery loophole' led to the criminalization and re-enslavement of Black people. Today, those incarcerated and subjected to forced labor are still disproportionately Black and Brown. We must act to ensure slavery and involuntary servitude are entirely eradicated.

Under U.S. law, forced labor remains legal as punishment for a crime under the Thirteenth Amendment to the United States Constitution (U.S. Const. amend. XIII). This exception forms the constitutional foundation for prison labor systems across the country. In Virginia, this system is reinforced through case law, statutes, and administrative regulations: • In Ruffin v. Commonwealth, the court held that an incarcerated person has forfeited nearly all personal rights—historically describing them as a “slave of the state” (Ruffin v. Commonwealth, 1871). • § 40.1-28.9(B)(7) of the Code of Virginia excludes incarcerated people from the legal classification of “employee” (Code of Virginia, § 40.1-28.9). • § 53.1-60 and § 53.1-131 of the Code of Virginia authorize prison officials to receive and control wages earned by incarcerated workers, allowing the state to deduct the majority of those wages (Code of Virginia, §§ 53.1-60, 53.1-131). • 16VAC25-60-10 (Virginia Occupational Safety and Health Program regulations) excludes incarcerated workers from “public employee” status, limiting workplace safety enforcement (Virginia Administrative Code, 16VAC25-60-10). In practice: incarcerated workers are required or expected to work but are not legally recognized as workers, placing them outside the protections of labor law.

Because incarcerated workers are excluded from basic labor protections, they face conditions that would be unlawful in any other workplace: • Extremely low wages: typically between $0.27 and $0.80 per hour (ACLU, 2022) • Wage extraction: up to ~90% of earnings can be withheld (Code of Virginia, §§ 53.1-60, 53.1-131) • No workers’ compensation wage replacement (Sawyer, 2017) • No guaranteed OSHA enforcement: complaints do not trigger automatic inspections by the Virginia Occupational Safety and Health Program (Virginia Administrative Code, 16VAC25-60-10) • No sick leave protections FOIA data indicates dozens of reported workplace injuries annually, with likely underreporting (ACLU, 2022). Temperature data in correctional facilities has reached unsafe levels exceeding recommended workplace standards (ACLU, 2022). These kinds of conditions do not suddenly become acceptable just because a person is incarcerated.

Very limited protections exist, and there is no independent oversight or grievance system for workers to use. Under 16VAC25-60-10, incarcerated workers are not considered public employees. This means: • Safety complaints do not trigger required inspections • The VOSH Regional Director may notify the warden instead • The warden has 10 working days to conduct an internal inspection • Only after non-response may VOSH initiate an inspection In practice, enforcement is discretionary and often internal to the prison itself (Virginia Administrative Code, 16VAC25-60-10).

Unlike other workers: • They are not entitled to workers’ compensation wage replacement (Sawyer, 2017) • Medical care may be provided, but lost income is not compensated • There is no equivalent to disability or wage-loss protection Injury can result in both physical harm and financial penalty.

Punishment and accountability are legitimate functions of the legal system—but slavery is not a necessary or inevitable part of either. The current system of prison labor was constructed during the Reconstruction Era as a replacement for chattel slavery. After the ratification of the Thirteenth Amendment to the United States Constitution, Southern states enacted Black Codes that criminalized newly freed Black people and forced them back into labor through the criminal legal system. Slavery did not end. It evolved. Today, the question is not whether people should be held accountable for harm—they should. The question is what kind of system best achieves accountability, public safety, and long-term stability: one rooted in punishment alone, or one grounded in rehabilitation and reintegration. A purely punitive system—especially one that relies on forced labor, poverty wages, and the denial of basic protections—often undermines its own goals. When people leave incarceration with no savings, significant debt, limited job prospects, and untreated needs, the likelihood of reoffending increases. That is not accountability—it is a cycle. By contrast, a rehabilitation-centered approach focuses on: • Preparing people for successful reentry • Building financial stability • Reducing recidivism • Strengthening public safety over the long term Fair wages, safe working conditions, and access to basic labor protections are not rewards—they are tools that make rehabilitation possible. It is also important to be clear: a legal system can impose consequences without permitting slavery. Many jurisdictions—both internationally and at the state level—are moving toward eliminating forced labor entirely while maintaining accountability through sentencing, supervision, and restorative approaches. In the United States, the continued use of forced labor is not a requirement of justice—it is a policy choice enabled by the exception clause in the Thirteenth Amendment to the United States Constitution. This system also reflects deeper structural inequalities: • The United States has the highest incarceration rate in the world • Racial disparities in enforcement and sentencing remain significant • Economic inequality strongly shapes who is most likely to be incarcerated In Virginia, Black residents make up a disproportionate share of the prison population relative to their share of the general population. Poverty further compounds this imbalance, creating a system where the most marginalized are the most likely to be drawn into forced labor conditions. At the same time, incarcerated workers can have up to 90% of their wages withheld under § 53.1-60 and § 53.1-131 of the Code of Virginia, far exceeding the 25% cap on wage garnishment in the free labor market. This does not promote accountability—it deepens economic instability. Paying incarcerated workers pennies on the dollar also undercuts wages for free workers, a concern long raised by labor organizations. And it places the United States in tension with global human rights standards, including the Universal Declaration of Human Rights, which states: “No one shall be held in slavery or servitude.” Accountability and rehabilitation are compatible. Slavery and justice are not.

Work programs can provide structure—but without fair wages, their impact is limited. Research shows that financial stability at release significantly reduces recidivism (Doleac, 2020). However: • Most incarcerated workers leave prison with little or no savings • Formerly incarcerated Americans collectively owe over $50 billion in fines and fees (Harris et al., 2010; updated estimates via criminal justice debt studies) If incarcerated workers were classified as employees, they could: • Earn and retain wages • Qualify for unemployment benefits • Build financial stability Instead, they leave prison worse off economically. Meanwhile, prison commissaries—often operating as monopolies—generate billions annually, forcing incarcerated people to pay inflated prices for basic necessities (ACLU, 2022). If work is truly about rehabilitation, it should provide the tools people need to succeed. Right now, it does the opposite.

No. Programs like Virginia Correctional Enterprises (VCE) demonstrate that prison labor is economically viable: • VCE generates millions in revenue • Public institutions pay market rates for goods But private-sector workers earn approximately $15–$16 per hour, compared to under $1/hour for incarcerated workers (ACLU, 2022). Work programs can continue—but must meet fair labor standards, as well as give those incarcerated the choice to decline. Work and labor should be an option, not a requirement. The truth is, most would still choose to work-- and they are entitled to basic rights when they do.

Incarcerated workers have consistently called for: • An end to prison slavery • The choice to choose not to work without fear of consequences or retribution • Payment of prevailing wages • Basic labor protections These demands were central to the 2018 national prison strikes (Incarcerated Workers Organizing Committee, 2018).

Ending prison slavery in Virginia requires two levels of reform: a constitutional amendment and implementing legislation. Both are necessary. 1. Amend the Virginia Constitution We must amend our state constitution, adding language that explicitly prohibits ALL forms of slavery and involuntary servitude in all circumstances, without exception, for EVERYONE, including as punishment for crime, as well as for those detained in detention centers. Eight other states have already taken this important step.. Why this matters: • Eliminates the legal foundation for forced labor • Aligns Virginia law with the Universal Declaration of Human Rights • Prevents future backsliding Without this step, statutory reforms can be weakened or reversed. 1. Pass Implementing Legislation A constitutional amendment sets the principle—but laws must operationalize it. A. Recognize incarcerated workers as employees • Strike § 40.1-28.9(B)(7) of the Code of Virginia • This removes the exclusion that denies incarcerated workers legal employee status Impact: • Triggers minimum wage protections • Enables overtime eligibility • Opens access to labor rights and enforcement mechanisms B. End excessive wage extraction • Amend §§ 53.1-60 and 53.1-131 of the Code of Virginia Reform should: • Allow incarcerated workers to retain the majority of their wages • Limit deductions to reasonable, clearly defined categories • Align with general wage garnishment standards C. Extend full labor protections Once classified as employees, incarcerated workers should be covered under: • Workplace safety protections (VOSH/OSHA enforcement) • Workers’ compensation for injuries • Basic labor standards (wages, hours, conditions) This includes revising 16VAC25-60-10 so incarcerated workers are no longer excluded from workplace safety enforcement. 3) Administrative & Regulatory Implementation Even alongside legislation, executive agencies must act: • Department of Corrections must update wage policies and work programs • VOSH must enforce safety protections equally • State agencies must ensure compliance across all facilities This is where reform becomes real in people’s daily lives. Bottom Line Abolishing prison slavery in Virginia is not a single policy change—it is a legal transformation: 1. Constitutional amendment → Ends the exception that allows slavery 2. Legislation → Defines incarcerated workers as workers and restores rights 3. Implementation → Ensures those rights are enforced in practice Virginia can maintain accountability, work programs, and public safety—without maintaining a system rooted in slavery.

Amending Virginia's constitution is crucial because, without explicit protection against slavery, citizens remain vulnerable to the legalized slavery allowed by the U.S. Constitution’s 13th Amendment. This amendment permits slavery as punishment for a crime, so state-level action is necessary to ensure complete abolition.

Amending Virginia's state constitution to abolish all forms of slavery, including as punishment for a crime, would have profound implications beyond symbolism. It would legally eliminate any provisions allowing slavery, making forced labor unconstitutional within the criminal justice system. This change would prompt a reevaluation of prison labor practices, where incarcerated workers currently earn very low wages. The amendment would also symbolize our commitment to human rights and social justice, acknowledging past injustices and setting a precedent for other states. While there may be legal challenges, the amendment would ultimately reinforce the rejection of all forms of slavery.