Judge rules state must end ‘slavery’ for its prison population

Some century and a half after slavery mostly ended across the rest of the United States, a federal judge now is ordering Colorado to end its own state slavery program.

It involves forcing inmates in the state prison system to work.

A report from KMGH-TV in Denver explains the case already is four years old, without appeals that could be forthcoming.

The ruling from Denver District Judge Sarah Wallace confirmed the Colorado Department of Corrections and Gov. Jared Polis violated the state constitution by forcing prisoners to work, effectively creating a “slavery” society.

State officials had claimed in court filings that the “loss of privileges” “as a consequence for declining work did not amount to involuntary servitude.”

The state constitution, which previously had allowed “slavery or involuntary servitude,” “as punishment for crime,” was amended in 2018 to delete the provision regarding punishment for crime.

But the state statutes require that inmates “shall participate in a rehabilitation and work program…”

At the time, Colorado was one of about a dozen states where state constitutions technically still allowed involuntary servitude as a form of criminal punishment.

The judge agreed with the plaintiffs, “ruling the state and CDOC are violating the Colorado Constitution. It goes back to the 13th Amendment which has a clause that states, ‘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,'” the report said.

The amendment in 2018 barred slavery or forced labor in the state with “no exceptions.”

The state’s prison system routinely was requiring inmates to do maintenance on prison facilities, grounds and even work in the food service channel.

“CDOC’s unconstitutional coercive policies include: the threat and use of segregation and isolation, including through Removal from Population, Restrictive Housing, Housing Restriction Sanction, Restricted Privileges, and any other sanction that results in isolation in a cell for more than twenty-two hours a day for more than two days (three if over a weekend) for failure to work,” the judge ruled.

Lawyer David Maxted for the plaintiffs said, “It’s time for CDOC and the governor to respect the law and make abolition a reality.”

The court ruling said, “The text of the measure, which was referred to the voters, stated that although Colorado’s Constitution had long prohibited involuntary servitude, which it defined as ‘the coerced service of one individual for the benefit of another,’ the prohibition had never been applied when involuntary servitude was imposed upon an individual as punishment for a crime for which the individual had been duly convicted. The text further stated that ‘[t]he state should not have the power to compel individuals to labor against their will.'”

When the constitutional amendment was adopted by voters the state prison system ignored it, as it claimed it “does not—and prior to Amendment A, did not—impose work as a punishment for a crime, and therefore the Amendment had no effect.”

The judge outlined the multiple paths for punishment for inmates who declined to do work, even additional work when ordered.

The ruling said DOC’s own figures “indicate the machinery of coercion is not isolated but is a pervasive and actively operationalized feature of CDOC’s labor management. By consistently applying these policies, CDOC ensures the threat of punishment remains a credible and ever-present driver of inmate labor.”

“Plaintiff and the Class have a constitutional right to be free from slavery and involuntary servitude without exception, pursuant to Section 26, Article II. 2. Section 26, Article II prohibits slavery and involuntary servitude in all circumstances, including within Colorado prisons and as applied to those convicted of crimes,” the judge said.

“Defendants must: (1) cease threat and use of segregation and isolation, including through Removal from Population, Restrictive Housing, Housing Restriction Sanction, Restricted Privileges, and any other sanction that results in isolation in a cell for more than twenty-two hours a day for more than two days (three if over the weekend) for failure to work; (2) cease the policy that allows for ‘procedural stacking’ or ‘double charging’ inmates for a refusal to work. Defendants are specifically enjoined from charging or sanctioning inmates for a second, derivative offense (such as ‘Disobeying a Lawful Order’ or ‘Advocating or Creating a Facility Disruption’) when such charge arises out of, or is part and parcel of, the initial refusal to work; and (3) cease the practice of using segregation and isolation, including through Removal from Population, Restrictive Housing, Housing Restriction Sanction, Restricted Privileges, and any other sanction that results in isolation in a cell for more than twenty-two hours a day under the auspice of temporary placement pending transfer or temporary placement pending investigation where that placement lasts more than two days (three if over the weekend) for failure to work,” the judge ordered.

Colorado not only has a Democrat governor but Democrat majorities in the state House and Senate and an all-Democrat state Supreme Court.