Carceral Employment Opportunities or Modern-Day Slavery?

Georgia remains one of seven states where incarcerated individuals usually receive no pay for their labor, even though many of them work full-time supporting state functions. This practice of unpaid inmate labor is not only exploitative but also runs contrary to our foundational values of fairness and justice. Georgia must take a critical step forward by removing the slavery exception in our state constitution, regulating prison labor under Georgia Occupational Safety and Health Administration (OSHA) standards and ensuring fair wages for inmates.

Georgia’s constitution, under Article I, Section 1, allows for involuntary servitude as punishment for a crime, a slavery exemption in other words. This legal loophole permits unpaid prison labor, a practice that echoes the legacy of slavery, even though other states have abolished involuntary servitude in similar contexts.

Historically, Georgia was among the first to use famously exploitative practices such as convict leasing and chain gangs for public works projects. Though both practices have been technically outlawed, unpaid prison labor and lack of sufficient training or worker protections mean inmate laborers still feel their impacts today. 

In District 122, inmate labor is a critical part of the local infrastructure but has come under fire for removing employment opportunities for non-incarcerated residents. In fiscal year 2023, the value of the labor contributed by Athens-Clarke County (ACC) inmates was over $3.3 million, with daily labor output per inmate set at $55.83. Despite an increased return on investment, efforts to raise inmate wages—like a 2019 proposal to increase compensation to $4 per day—have stalled​. 

A crucial first step in addressing these injustices is to follow in the footsteps of Alabama, Tennessee, Vermont and Oregon to remove the slavery exception from Georgia’s constitution. As long as this language remains, Georgia will continue to treat incarcerated individuals as a source of free labor rather than as citizens. This change is not just symbolic but a necessary legal reform that will pave the way for other critical changes, such as fair wages and labor protections for incarcerated workers.

Once the slavery exception is removed, Georgia must regulate inmate labor under OSHA standards. Incarcerated workers in Georgia currently lack basic safety and labor protections. Currently, prison laborers are not considered employees unless they are employed for private gain or granted employment by the state​. This means they do not receive the same safety training or protection from hazardous working conditions that other state employees receive. 

This lack of protection particularly impacts workers on prison plantations, who provide 40% of the produce used to feed inmates, and in emergency services, such as those in nearly one-third of counties that rely on inmate firefighting units. These groups are especially susceptible to workplace hazards. 

By regulating prison labor under OSHA standards, Georgia can ensure that incarcerated individuals are treated with the dignity and respect they deserve. This would include formalizing work training programs, providing adequate safety equipment and monitoring for compliance with labor regulations. Doing so would benefit inmates and contribute to the overall well-being of the state’s workforce, as most incarcerated individuals eventually reenter society. 

Currently, Georgia prohibits inmates from earning more than $25 per month for their labor​. This is far below any reasonable standard of compensation, even within the prison system. We must begin paying incarcerated workers $0.63 per hour, gradually increasing their pay to market wages. Although still far below market wages, this compensation allows incarcerated individuals to save money for their eventual release and helps mitigate the destabilization of families. 

A precedent for this shift already exists. HB 1307, introduced in 2023, proposed paying incarcerated workers market wages for their labor but died in committee​. Although the bill did not pass, it demonstrates a growing awareness among lawmakers that Georgia’s current system is unsustainable and exploitative. By reintroducing similar legislation, we can ensure that prison labor is fair and productive, protects the rights of incarcerated workers and invests in their financially stable futures. 

Currently, prison labor reduces the burden on taxpayers for Georgia’s mass incarceration problem. It is also true that employment opportunities for inmates can lead to more positive outcomes post-incarceration. However, Georgia is lagging behind the rest of the country in protecting these inmate laborers’ rights. For the benefit of not just inmates and their families but all Georgia citizens, it is time to end slavery in the state, provide protections to all workers and pay people for their labor.

Rachel Scott is a third-year at the University of Georgia studying Economics. She is a member of the criminal justice group.