Penal exception clause

Bills to repeal similar clauses have passed in Utah and Nebraska after voters approved them in a referendum in 2020.

[8][9] Tennessee's legislature approved similar language for a 2022 ballot after two consecutive sessions, but, like Utah's 2020 revision, included a subsection clarifying that the prohibition will not "prohibit an inmate from working when the inmate has been duly convicted of a crime".

In 2021, Nikema Williams and Jeff Merkley introduced legislation (H.J.Res.53/S.J.Res.21) in the 117th Congress to repeal the exception clause from the U.S. Constitution.

The resolution failed to receive enough votes and was not passed by the California State Senate before the end of the session, preventing it from appearing on the November 2022 ballot.

[14] One report commissioned by Worth Rises argued that repealing the exception clause and allowing fairer labor practices and wage increases to apply to voluntary prison labor would net between USD$18.3 billion and USD$20.3 billion annually in fiscal benefits for state governments.

Map of states where slavery or involuntary servitude as punishment for a crime is permitted in the state constitution as of November 2022. [ 3 ]
Penal exception for slavery and/or involuntary servitude
Total prohibition of slavery and involuntary servitude
No mention of slavery or involuntary servitude in text