Shall there be an amendment to the Colorado constitution that prohibits slavery and involuntary servitude as punishment for a crime and thereby prohibits slavery and involuntary servitude in all circumstances?
A referred amendment to article II, section 26 of the Colorado Constitution which prohibits slavery and involuntary servitude, except as a punishment for the conviction of a crime. Amendment A would eliminate that exception.
The language of Article II, Section 26 is consistent with the 13th Amendment to the US constitution (passed in 1865), which also prohibits slavery and involuntary servitude, except as a punishment for a crime for which a person was found guilty. Twenty-five states never adopted the 13th Amendment’s crime exception. Colorado would be the first state to remove this language from its constitution.
Court decisions have approved work requirements as part of prison sentences, community service and probation. Colorado Department of Corrections work programs are not compulsory, but an inmate's refusal to work may impact eligibility for prison privileges and parole.
The Colorado Legislature's unanimous resolution referring this measure to the voters expressly provides that the Legislature does not intend to withdraw legitimate work opportunities from convicted persons, but only to prevent compulsory labor.
Voters narrowly defeated a nearly identical ballot measure, Amendment T, in 2016. Advocates believe voters were confused by the ballot language in 2016. Amendment A makes it clear that a ‘Yes” vote would ban all slavery and involuntary servitude in Colorado, without exception.