The 13th Amendment and Prisoner Labor in the United States:
The True Story
Jackie Phillips
Criminology, Post University
CRJ335 – Prisoner’s Rights Research Paper
Professor T Johnson
Due: 11:59 pm Sunday of Unit 7
My research topic will be about the 13th Amendment in the United States that allows prison labor.
Since billions of dollars are spent every year in the United States to support all the millions of prisoners in our country, I believe that it is an acceptable practice for prisoners to work in various industries in prisons to help pay for their time while in prison. Working in various forms of labor and jobs both in and out the prison is a fair substitution for all this support, and inmates learning valuable skills that can be used once released.
“The 13th Amendment to the United States Constitution provides that "Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.” (No author given, 2022)
My personal opinion is that a person should have minimal rights like food and water and a place to sleep, while in prison because they have committed crimes and broken laws. They have made choices and then they should have to accept the outcomes of those bad choices and bad decisions.
I do believe that the environment needs to remain safe and that situations should not intentionally be made that harms an inmate. Their situation should remain safe, and harm and injury should not be intentionally caused. I might support where a minimal wage of around $5 per hour could be paid to an inmate while on a job, and then that money is intentionally put into a savings account for the prisoner.
In California, prison inmates earn between 16 and 74 cents per hour, depending on their skill level and job role.
Inmates also are given banking accounts to deposit what salary they do receive. I think this is a great example of the prison being able to control what the inmate receives and sends out while in prison.
“However, inmate trust accounts share some features with actual bank accounts in that they offer a place for prisons to deposit wages for incarcerated people and for loved ones to transfer funds. Incarcerated people draw on them to pay for goods and services. They also have features of non-carceral trust accounts, in that prisons act as administrators of the funds, which are to be used in specific ways for incarcerated people.” (VanCleave, A., 2024)
The Need to Maintain Worker and Inmate Safety
The primary issue with prison labor is to increase the safety and security of the workers while they are performing their jobs. I don’t agree that they should receive minimum wage while performing these jobs due to the cost of taking care of them while in prison. However, as human beings they should be in situations that are safe.
“Jobs for those incarcerated currently fall into four categories:
- facility operation and maintenance (e.g., general janitorial duties, cooking, laundry, grounds maintenance, and repair)
- state-owned correctional industries producing goods and services that are sold to other government agencies
- public works that operate mostly off prison grounds (e.g., grounds crews and firefighters)
- private companies” (Galley, A., 2022)
In this past election here in California, there was a proposal to ban forced prison labor, and I voted against it also. It did not pass.
“California voters have rejected a measure on the November ballot that would have amended the state constitution to ban forced prison labor.” (Austin, S., 2024)
Here is one former inmate who supports forced labor in prisons
“Johnathan Richardson got out of prison after three years for robbery.
He is against the proposition.
“It can feel like a vacation where you don't have any responsibilities, so having a certain amount of responsibilities is needed in life to grow,” Richardson said.
He says being forced to work is necessary for growth.
“Whether it is homeless or on drugs, their life was unmanageable, and they did things to lead to that path and a lot of people do need to be reformed to normal lifestyles like working and going to school,” Richardson said.” (Diaz, M., 2024)
These positions and jobs can teach inmates skills that they didn’t have before and help to prepare them for eventual release and getting jobs outside of prison.
“Basso said he is confident he is not the same man who entered the prison 18 years ago. He largely credits the job and job training he has been given in the prison over the years for finding his purpose, drive and rehabilitation.
"It's life-changing. It really is. I know it sounds cliché but prison is the best thing that ever happened to me. It got my attention. I got myself on the right track to add to society instead of taking away," he said.” (Sharp, A., 2024)
We are all forced to work every day to bring in an income and remain active and support ourselves, our homes and our families. The obvious difference between prison jobs and jobs outside of the prison is movement and what the confines of being inside the prison. Inside of prison, you don’t have expenses or bills to pay. You aren’t charged for your room or board or cars, compared to living outside. If you choose to go to college or school, then those are paid for you, along with vocational training, unlike outside where you pay for everything.
There are some wonderful groups who help people released from prison to find jobs with companies. One group I found that is here in the Bay Area is Jails to Jobs.
“Our Mission
Jails to Jobs is a 501(c)(3) nonprofit organization dedicated to equipping previously incarcerated and soon-to-be released men and women with the tools and resources needed to find employment and successfully re-enter the workforce.
Our Core Values
Open mindedness — giving up fixed ideas.
- Presence — meeting people where they are without judgment.
- Appropriate response — how can we best help and serve?” (No author given, 2025)
Other programs exist in some states where some inmates are given jobs that allow them to work outside of the prison walls. Maine is one of those states.
“Unlike incarcerated residents with jobs in the kitchen or woodshop who earn just a few hundred dollars a month, remote workers make fair-market wages, allowing them to pay victim restitution fees and legal costs, provide child support, and contribute to Social Security and other retirement funds. Like inmates in work-release programs who have jobs out in the community, 10 percent of remote workers’ wages go to the state to offset the cost of room and board. All Maine DOC residents get re-entry support for housing and job searches before they’re released, and remote workers leave with even more: up-to-date résumés, a nest egg — and the hope that they’re less likely to need food or housing assistance, or resort to crime to get by.” (Johnson, K., 2025)
There are other benefits to working in jobs while in prison, and these come right from inside the prison and the responses of the inmates.
“Prison jobs also offer nonfinancial benefits. In one study, people incarcerated in Pennsylvania who work for state-owned correctional industries reported increased self-confidence, better perception of self and enhanced interpersonal skills. Respondents built relationships with staff and had the ability to take pride in their work. They also reported that the routine, social benefits, and opportunity to develop a strong work ethic were the most meaningful benefits to them over time.” (Galley, A., 2022)
Another group called Prison Fellowship offers resources to inmates about how jobs inside of prison can help them on the outside, once released.
“Some states pay prisoners a very low wage for their work, but most states do not pay inmates. Prison jobs help inmates learn job skills and develop a stronger work ethic. Inmates may acquire skills in food preparation, plant operations, warehousing, record keeping, freight transportation, vehicle maintenance, animal husbandry, farming, construction, building maintenance, carpentry, plumbing, welding, and many other occupations. Prisoners can apply for prison jobs that will help them be better prepared for employment when released. There is usually a certain amount of competition among inmates for the jobs that offer greater opportunity for future employment.” (No author given, 2025)
In conclusion, I do believe that prisoners should be very limited in what they are given during their time in prison. I don’t believe they should be paid for any work they do because they are essentially paying for their stay. Prison is not a vacation, and they should feel that it is not a pleasant place to be.
References
Anderson, M., 2023, National Public Radio, Colorado Banned Prison Labor Five Years Ago. Prisoners Say it Still Happens, https://www.npr.org/2023/11/13/1210564359/slavery-prison-forced-labor-movement
Austin, S., 2024, Capradio, California voters reject measure that would have banned forced prison labor, https://www.capradio.org/articles/2024/11/13/california-voters-reject-measure-that-would-have-banned-forced-prison-labor/
Diaz, M., 2024, KSBY, How Proposition 6 would affect inmate labor at California prisons, https://www.ksby.com/news/national-politics/america-votes/how-proposition-6-would-affect-inmate-labor-at-california-prisons
Galley, A., 2022, Urban Institute, Five Ways to Improve Jobs Incarcerated in US Prisons, https://www.urban.org/urban-wire/five-ways-improve-jobs-people-incarcerated-us-prisons
Johnson, K., 2025, The Educational Justice Institute, ‘This is my way out.’ In Maine, remote work gives prisoners a lifeline, https://www.teji.mit.edu/news/this-is-my-way-out-in-maine-remote-work-gives-prisoners-a-lifeline
No author given, 2022, National Archives, 13th Amendment to the US Constitution: Abolition of Slavery (1865), https://www.archives.gov/milestone-documents/13th-amendment#:~:text=The%2013th%20Amendment%20to%20the%20United%20States%20Constitution%20provides%20that,place%20subject%20to%20their%20jurisdiction.%22
No author given, 2025, Jails to Jobs, About Us: Mission and Core Values, https://jailstojobs.org/about-us/
No author given, 2025, Prison Fellowship, What Types of Jobs Do Prisoners Have?, https://www.prisonfellowship.org/resources/training-resources/in-prison/faq-prison-jobs/
Sharp, A., 2024, CBS News, New California Prison Program Allows inmates to land jobs from behind bars, https://www.cbsnews.com/sacramento/news/ca-prison-program-inmates-jobs-release/
VanCleave, A., 2024, California Law Review, Prison Banking, https://www.californialawreview.org/print/prison-banking
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