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119-sjres-214119th Congress

A joint resolution proposing an amendment to the Constitution of the United States to prohibit the use of slavery and involuntary servitude as a punishment for a crime.

Sponsored By: Senator Merkley, Jeff [D-OR]

Introduced

Summary

Ban slavery and involuntary servitude as punishment for a crime. This constitutional amendment would add a new Article saying that neither slavery nor involuntary servitude may be imposed as a punishment for a crime.

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  • People who are incarcerated: It would bar using forced labor as a criminal punishment across all jurisdictions. It also preserves the ability of incarcerated people to consent to voluntary work and keeps existing employment protections in correctional settings.
  • Prisons and correctional systems: They would be required to stop imposing involuntary servitude as part of a sentence and to revise policies that rely on coerced labor. The amendment affirms that high-quality voluntary work programs may continue.
  • Courts, states, and laws: The proposal would supersede the 13th Amendment's punishment exception once ratified and push courts and lawmakers to align sentencing and statutes with the new ban. The text also recognizes historical harms, noting the exception led to hundreds of thousands of Black Americans being subjected to slavery after 1865, and it preserves community service as an alternative to incarceration.

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Bill Overview

Analyzed Economic Effects

1 provisions identified: 1 benefits, 0 costs, 0 mixed.

Protect incarcerated people from forced labor

If ratified by three-fourths of state legislatures, this amendment would become part of the Constitution. It would state: "Neither slavery nor involuntary servitude may be imposed as a punishment for a crime." If enacted, people convicted of crimes would not be forced into slavery or involuntary servitude as punishment. The resolution also clarifies it is not meant to stop voluntary work programs for incarcerated people or courts offering community service as an alternative.

Sponsors & CoSponsors

Sponsor

Merkley, Jeff [D-OR]

OR • D

Cosponsors

  • Sen. Booker, Cory A. [D-NJ]

    NJ • D

    Sponsored 9/15/2026

  • Sen. Blumenthal, Richard [D-CT]

    CT • D

    Sponsored 9/15/2026

  • Sen. Duckworth, Tammy [D-IL]

    IL • D

    Sponsored 9/15/2026

  • Sen. Hirono, Mazie K. [D-HI]

    HI • D

    Sponsored 9/15/2026

  • Sen. Markey, Edward J. [D-MA]

    MA • D

    Sponsored 9/15/2026

  • Sen. Padilla, Alex [D-CA]

    CA • D

    Sponsored 9/15/2026

  • Sen. Van Hollen, Chris [D-MD]

    MD • D

    Sponsored 9/15/2026

  • Sen. Warnock, Raphael G. [D-GA]

    GA • D

    Sponsored 9/15/2026

  • Sen. Warren, Elizabeth [D-MA]

    MA • D

    Sponsored 9/15/2026

  • Sen. Welch, Peter [D-VT]

    VT • D

    Sponsored 9/15/2026

  • Sen. Wyden, Ron [D-OR]

    OR • D

    Sponsored 9/15/2026

  • Sen. Durbin, Richard J. [D-IL]

    IL • D

    Sponsored 9/15/2026

Roll Call Votes

No roll call votes available for this bill.

View on Congress.gov
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