California voters had a chance to end forced labor as punishment and take a compassionate approach to drug addiction and poverty, but instead chose a different path. We worry these outcomes show a trend of punishing and exploiting people with disabilities rather than investing in more effective, compassionate solutions.

Proposition 6 would have banned forced labor as punishment for a crime. Although California entered the Union as a free state in 1850, the state’s Constitution still allows forced labor for those convicted of crimes. This year, voters in Alabama, Oregon, Tennessee, and Vermont chose to end forced prison labor, but California voters did not. This decision raises questions about California’s claim to be a national leader in freedom and fairness. Forced labor harms people with disabilities, as one-third of California prisoners have a diagnosed mental illness and 40% have some form of disability. It was only in 2022 when California lawmakers stopped allowing employers to pay non-incarcerated disabled workers less than minimum wage, leaving prisoners the only group exempt from wage laws and statutes prohibiting slavery. 

Similarly, the passage of Proposition 36 brings back outdated “tough on crime” policies. It will increase prison sentences, criminalize drug use, and worsen overcrowding, affecting people with disabilities and people of color. Over the past decade, Californians have voted to reduce the prison population. In 2014, voters passed Proposition 47, which reclassified many low-level, nonviolent crimes like drug possession from felonies to misdemeanors. This helped lower crime rates and reduced repeat offenses. In contrast, Proposition 36 imposes longer sentences and harsher punishments for theft and drug-related offenses and bloats the prison industrial complex instead of investing in people who need help. It mandates prison time for repeat drug possession and shoplifting, rather than funding voluntary rehabilitation services and anti-poverty measures.

drc remains committed to representing disabled Californians in all settings and will continue our advocacy to uphold and expand our rights, regardless of election outcomes.

Disability Rights California (DRC) – Is the agency designated under federal law to protect and advocate for the rights of Californians with disabilities. The mission of drc is to defend, advance, and strengthen the rights and opportunities of people with disabilities. For more information visit: https://www.disabilityrightsca.org.