The California Constitution prohibits involuntary servitude, but exempts from this provision any servitude that is a punishment for a crime. Existing law requires the Department of Corrections and Rehabilitation (CDCR) to require each able-bodied inmate, including a condemned inmate, to work as prescribed by CDCR regulations. Existing CDCR regulations require each inmate to participate in 8 hours per day of programming, including labor, education, counseling, physical fitness, and other programs, 5 days per week.

Existing law also authorizes a board of supervisors or city council, through an order, to require all persons confined in a county or city jail, industrial farm, or road camp, as specified, to perform labor on the public works or ways in the county or city, respectively, and to engage in the prevention and suppression of forest, brush, and grass fires upon lands within the county or city, respectively.

Notwithstanding any other law, the California Constitution, as amended by Proposition 57 at the November 8, 2016, statewide general election, grants CDCR the authority to award credits earned for good behavior and approved rehabilitative or educational achievements.

This bill would authorize inmates 55 years of age or older, or inmates with mental or physical disabilities, as defined, except those sentenced to death, in state prison or county jail to elect whether to continue to work, reduce the number of hours worked, or retire. The bill would prohibit CDCR from punishing the inmate, in specified ways including a change or reduction in privilege group assignment, based on their election.