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.

IIA 118TH CONGRESS 1ST SESSION S. J. RES. 33 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. IN THE SENATE OF THE UNITED STATES JUNE 14, 2023 Mr. MERKLEY (for himself and Mr. BOOKER) introduced the following joint resolution; which was read twice and referred to the Committee on the Judiciary 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. Whereas the Constitution of the United States has prohibited slavery and involuntary servitude for many, but not all, people in the United States since December 6, 1865; Whereas the Thirteenth Amendment to the Constitution of the United States, which barred slavery and involuntary servitude, included an exception that allowed for slavery and involuntary servitude to continue as punishment for a crime; Whereas this exception resulted in hundreds of thousands of Black Americans being returned to slavery after imple- mentation of the Thirteenth Amendment; VerDate Sep 11 2014 23:53 Jun 14, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6300 E:\BILLS\SJ33.IS SJ33 pbinns on DSKJLVW7X2PROD with $$_JOB 2 •SJ 33 IS Whereas Congress finds the continued existence of slavery and involuntary servitude antithetical to the democratic values, norms, and mores of the United States and can undermine the moral credibility of our country on the global stage; Whereas our criminal justice system has the means to ensure people who have committed crimes are appropriately sen- tenced without resorting to slavery or involuntary ser- vitude; Whereas Congress recognizes the value of high-quality work programs that provide useful skills and stability for peo- ple in correctional institutions, and it is not the intent of Congress to interfere with opportunities for incarcerated people to consent to work or to modify any employment protections currently available to people in correctional institutions; and Whereas Congress additionally acknowledges the importance of sentencing alternatives, and it is not the purpose of this amendment to interfere with the discretion of a court to offer community service as an alternative to incarcer- ation: Now, therefore, be it Resolved by the Senate and House of Representatives 1 of the United States of America in Congress assembled 2 (two-thirds of each House concurring therein), That the fol- 3 lowing article is proposed as an amendment to the Con- 4 stitution of the United States, which shall be valid to all 5 intents and purposes as part of the Constitution when 6 ratified by the legislatures of three-fourths of the several 7 States: 8 VerDate Sep 11 2014 23:53 Jun 14, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\SJ33.IS SJ33 pbinns on DSKJLVW7X2PROD with $$_JOB 3 •SJ 33 IS ‘‘ARTICLE — 1 ‘‘Neither slavery nor involuntary servitude may be 2 imposed as a punishment for a crime.’’. 3 Æ VerDate Sep 11 2014 23:53 Jun 14, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6301 E:\BILLS\SJ33.IS SJ33 pbinns on DSKJLVW7X2PROD with $$_JOB