The Thirteenth Amendment, ratified in 1865, banned slavery and involuntary servitude "except as a punishment for crime." Southern states used that exception right away through Black Codes and convict leasing, which sent mostly Black prisoners to work for private companies.
Forced work continues. A 2022 ACLU report found that nearly 800,000 incarcerated people work, earning on average between 13 and 52 cents an hour. Alabama, Arkansas, Florida, Georgia, Mississippi, South Carolina and Texas pay nothing for most jobs. People who refuse to work can face solitary confinement or loss of early release. Incarcerated firefighters, farmworkers and factory workers do essential work for public agencies and private firms.
Several states have removed the punishment exception from their constitutions, starting with Colorado in 2018. Congress has considered an Abolition Amendment to close the loophole nationally, but it has not passed.