Colorado voters passed Amendment A, a ballot measure touted as an end to slavery in state prisons in 2018. The amendment eliminated the penal exception clause, which allowed the state to use forced labor in addition to incarceration as a punishment for crime.

Colorado was the first of eight states to repeal its penal exception clause. Advocates for the policy change hoped it would prevent forced labor for little pay. Colorado pays incarcerated workers between US$0.33 and $1.61 per hour for maintenance jobs such as cooking, cleaning and groundskeeping.

Nationally, the elimination of state penal exception clauses has had little impact on incarcerated workers. Lawsuits in Colorado and Alabama have alleged that forced labor continues despite the policy change.

My research examines prison conditions and programming, including work programs. I wrote my doctoral dissertation on state and federal prison industries, which sell goods produced by incarcerated workers to government agencies.

Colorado lawsuit alleges abuse

In 2022, the plaintiffs who brought a class action lawsuit, Mortis v. Polis, alleged that the Colorado Department of Corrections violated the amended state constitution by punishing incarcerated people who refused mandatory work programs. The punishments included solitary confinement and use of force.

Incarcerated people also reported the loss of good time and earned time credit, which are two sentence reduction incentives based on participating in work programs. Additionally, they reported loss of privileges like phone calls and family visits.

During the trial, David Lisac, deputy director of the Colorado Department of Corrections prison operations, testified. He said the department had neither changed its policies in response to the amendment nor attempted to ascertain whether the department was in compliance with the amendment.

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