Proposing amendment to Oregon Constitution relating to slavery and involuntary servitude.

Oregon Ballot Measure - SJR 10 - Measure 112

Election: Nov. 8, 2022 (General)

Outcome: Passed

Categories:

Criminal Justice

Summary


Proposes amendment to Oregon Constitution to prohibit slavery and involuntary servitude in all circumstances. Authorizes court or probation or parole agency to order convicted person to engage in education, counseling, treatment, community service or other alternative to incarceration. Refers proposed amendment to people for their approval or rejection at next regular general election.

Measure Text


Whereas the Oregon Constitution has prohibited slavery and involuntary servitude, which is the
coerced service of one individual for the benefit of another, since 1857; and
Whereas the Constitution’s prohibition on slavery and involuntary servitude contains antiquated
language that on its face creates an exception to the prohibition on slavery and involuntary
servitude; and
Whereas in a just society that respects human dignity and the exercise of free will, there must
be no exception to an unqualified and absolute prohibition on slavery and involuntary servitude; and
Whereas Oregon and the United States are examining past instances of discrimination and are
striving to undo foundational and historical barriers that perpetuate the injustice and unfairness of
discrimination; and
Whereas a state constitution is a foundational element of governance in a civil society and
therefore no place for remnants of historical language that perpetuates principles of discrimination
and racial intolerance; and
Whereas the voters of this state recognized in adopting section 41, Article I, of the Oregon
Constitution (section 41), that individuals who are convicted of a crime benefit from being fully engaged in productive activity so as to successfully re-enter society with practical skills and a viable
work ethic; and
Whereas section 41 envisions persons who are incarcerated performing labor at correctional
institutions or pursuant to work release programs, participating in training and participating in educational opportunities, all of which develop motivation, work capabilities and cooperation; and
Whereas section 41 authorizes compensation for labor and describes several types of jobs or
related training that those who are incarcerated may perform; and
Whereas because work provides myriad individual and collective benefits, the purpose of this
proposed constitutional amendment is not to withdraw legitimate opportunities to work from individuals who have been convicted of a crime; and
Whereas section 41 and this proposed constitutional amendment may operate in tandem to
achieve positive outcomes for persons who are incarcerated or who re-enter society while more fullyand completely removing the stain of slavery and involuntary servitude from this state; now, therefore,

Be It Resolved by the Legislative Assembly of the State of Oregon:
PARAGRAPH 1. Section 34, Article I of the Constitution of the State of Oregon, is amended
to read:
Sec. 34. (1) There shall be neither slavery[,] nor involuntary servitude in this state [the State,
otherwise than as a punishment for crime, whereof the party shall have been duly convicted]. [-]
(2) Upon conviction of a crime, an Oregon court or a probation or parole agency may
order the convicted person to engage in education, counseling, treatment, community service
or other alternatives to incarceration, as part of sentencing for the crime, in accordance with programs that have been in place historically or that may be developed in the future,
to provide accountability, reformation, protection of society or rehabilitation.
PARAGRAPH 2. The amendment proposed by this resolution shall be submitted to the
people for their approval or rejection at the next regular general election held throughout
this state.

Resources


Official Summary

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