New Jersey 2022-2023 Regular Session

New Jersey Senate Bill SCR135

Introduced
1/19/23  

Caption

Amends State Constitution to prohibit slavery or involuntary servitude.

Impact

The passage of SCR135 would fundamentally alter the landscape of labor practices within the penal system in New Jersey. By prohibiting any form of forced labor as punishment, even when compensation is provided, the amendment seeks to uphold the dignity and rights of individuals who are incarcerated. This amendment is positioned as a necessary step towards reforming the criminal justice system and ensuring that rehabilitation, rather than coercion, is the guiding principle for inmate labor programs.

Summary

Senate Concurrent Resolution No. 135 (SCR135) proposes a significant amendment to the New Jersey Constitution, explicitly prohibiting slavery and involuntary servitude in the state. This amendment aims to address a critical gap in state law, as New Jersey's current constitution does not contain provisions against slavery or involuntary servitude. Notably, the proposed amendment will also extend to prevent involuntary servitude as a penalty for any crime, which directly pertains to the practice of compulsory labor by inmates during incarceration.

Contention

Despite its progressive intent, the amendment may face contention regarding the practical implications of prohibiting labor in correctional facilities. Critics may argue that work programs are vital for the rehabilitation of inmates, fostering skills that aid in successful reintegration into society. Furthermore, there may be concerns about how these changes will affect funding and operations of prison labor programs, which have traditionally been seen by some as a means to reduce costs associated with incarceration. As a constitutional amendment, SCR135 will also require voter approval, which may further evoke public debate about the implications of eliminating involuntary servitude in all forms.

Companion Bills

NJ ACR125

Same As Amends State Constitution to prohibit slavery or involuntary servitude.

Similar Bills

NJ SCR12

Amends State Constitution to prohibit slavery or involuntary servitude.

NJ ACR137

Amends State Constitution to prohibit slavery or involuntary servitude.

NJ ACR125

Amends State Constitution to prohibit slavery or involuntary servitude.

CA ACA3

Slavery.

LA HB211

(Constitutional Amendment) Prohibits slavery and involuntary servitude (REF INCREASE GF EX See Note)

CA ACA6

Slavery.

CA ACA8

Slavery.

NH CACR13

Relating to slavery and involuntary servitude. Providing that slavery and involuntary servitude shall be prohibited in the state of New Hampshire.