The KY Constitution slavery exception is overdue for removal | Opinion

Because characteristics of current carceral practices are remarkably similar to the characteristics of antebellum slavery, it is safe to say we are practicing slavery and involuntary servitude.

Kentucky faces many challenges this legislative season. As President of Abolish Slavery KY, I want to end legal enslavement and involuntary servitude. The most common pushback I encounter is that many people have other priorities. But I stand firm. I think cleaning up our constitution should come first.
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Our constitution states “Slavery and involuntary servitude in this state are prohibited except as punishment for a crime whereof the party shall have been duly convicted.” So crimes against humanity have guided our justice system for more than 100 years, subtly influencing how we think and how we punish people. 

The exception clause indicates a clear, automatic, and severe change in status (from free citizen to one who is owned by the state) for those convicted of a crime with no disclosure of that change in status. The US Supreme Court ruled in  Padilla vs KY that such disclosure is mandatory, yet the Kentucky Criminal Plea Agreement, which accounts for more than 90% of convictions, does not mention the change in status, nor is there such disclosure in any trial that leads to conviction. This is a failure of due process and it is fraudulent. Is it safe to assume that fraudulent activity easily follows allowance for crimes against humanity?

In addition to that, an outgrowth of the exception clause is a prison industrial complex that has developed around incarceration. It ostensibly provides support for the justice system and is replete with interlocking businesses such as food service and commissary, communication, money exchange, transportation, probation, parole and security services, maintenance, utility, engineering, and construction, drug testing, and substance abuse education. As businesses, these interlocking agencies stand to benefit every time a prison bed is filled. The state also gains from cheap labor and per diem payouts. “Incarcerated workers produce real value for prison systems and state governments, the system’s primary beneficiaries.”  Coupled with the failure to disclose the change in status, every conviction promises an increase in profits. This looks like corruption.
Eighty-five percent of people arrested two or more times in one year according to 2017 data were gainfully employed and forced to vacate their employment so that the state could take control over their activities, even if their crime was not related to their employment. As a further result of the state’s ownership, incarceration raises rates of chronic health issues, mental health disorders, and addiction, and increases the risk of homelessness tenfold. The health and well-being of the innocent families of convicted people, including children, are similarly compromised.
Put bluntly, how we practice justice robs people of their jobs, makes them and their families more sick, drains them of their few financial assets, turns them into second-class citizens, then blames them for recidivism.
It might make more sense to say that a return to custody is fostered by the state so further profits can be collected, and that it is the state, not the one who has been convicted, who has not learned better behavior. After all, we are still using crimes against humanity as a basis for operating our “criminal justice” system. Because characteristics of current carceral practices are remarkably similar to the characteristics of antebellum slavery, it is safe to say we are practicing slavery and involuntary servitude.
Eight other states have amended their constitutions to remove an exception clause. More than 20 additional states are working toward the same end. Kentucky has an opportunity in the 2026 legislative session to do likewise. 
Good programs are based on clear, value-driven philosophical statements. Absent that clarity, programs can be expected to have problems. When problems occur, it makes sense to review the founding philosophy to see if and what changes are needed. Given the current criminal grounding of our justice system, the ongoing fraudulence, and the palpable harm to Kentuckians, it is imperative that we remove the exception clause from our constitution, and the sooner the better. Doing so will prevent or minimize further harm from, and will enable us to address issues in Kentuckian’s daily lives with more clarity. 
The General Assembly should prioritize a constitutional amendment that remove what is immoral and unethical, and put integrity WITHOUT exceptions at the foundation of our justice system.