Blog Post | 115 KY. L. J. ONLINE | November 8, 2026
Kentucky Inmates Deserve Dignity: An Analysis of Kentucky’s Slavery Exception Clause
By: Madeline Jordan, Staff Editor, Vol. 115
As shocking as it may be, slavery and indentured servitude remain legal in the Commonwealth of Kentucky.[1] Under Section 25 of the Kentucky Constitution, “slavery and involuntary servitude in this State are forbidden, except as punishment for crime, whereof the party shall have been duly convicted.”[2] The latter part of this clause, which I will refer to as the slavery exception clause, allows for incarcerated individuals to be paid mere cents each day despite doing grueling manual labor.[3] Despite repeated attempts by multiple legislators, bills proposing the removal of the slavery exception clause have failed,[4] and it is high time for a change.
The impact this slavery exception clause has on prisoners is astounding, and the lack of compensation for prisoners is a nationwide issue. In Kentucky, prisoners are paid between $0.48 and $1.58 per day.[5] One former Kentucky inmate, Savvy Shabazz, was required to do labor-intensive demolition work while being paid merely $0.60 each day throughout his six-and-a-half-year period of incarceration.[6]
Unfortunately, Kentucky inmates are not alone in this battle.[7] Some states with similar slavery exception clauses in their constitution pay their inmates even less, or nothing at all.[8] For example, Georgia’s Constitution has a similar slavery exception clause,[9] and Georgia inmates are not compensated for their work at all.[10] Even worse, Texas’s Constitution completely neglected to address slavery, but rather deferred to the Thirteenth Amendment to the United States Constitution, which left the door open to slavery as a criminal punishment.[11] Like Georgia, Texas also refuses to compensate its inmates.[12]
Only eight states across the nation have amended their constitutions to remove any sort of slavery exception clause: Alabama, Colorado, Nebraska, Nevada, Oregon, Tennessee, Utah, and Vermont.[13] These amendments have made a substantial difference for inmates in those states. In Colorado, for example, inmates are paid up to $1.61 hourly for non-industry jobs, and up to $2.49 hourly for jobs in correctional industries owned by the state.[14] Some Colorado inmates are even paid minimum wage, thanks to legislation that was passed in 2022.[15]
While the difference between prison wages in states that have abolished their slavery exception clauses and states that have not may appear minimal, this difference is highly impactful for prisoners themselves. The removal of slavery exception clauses by states opens the door for higher inmate wages, which in turn prepares inmates for release and simultaneously combats recidivism rates.[16]
In a statement on his experience, Mr. Shabazz pleaded that “[p]art of reentry into . . . society is to make sure that we are prepared to take care of ourselves and our families. So pay us a livable wage.[17] He implored, “What happens if I lose a limb while building or working inside of the institution? How will I take care of myself and my family once I’m released?”[18] Unfortunately, inmates across the commonwealth and nation are forced to ask themselves these questions each day.
Kentucky lawmakers have heard these concerns and have taken steps to remedy these conditions.[19] Legislation to amend Section 25 of the Kentucky Constitution has been introduced for the past three consecutive legislative sessions, but has yet to be passed.[20] Specifically, the amendment would remove the phrase “except as punishment for a crime, whereof the party shall have been duly convicted.”[21] The amended section of Kentucky’s Constitution would thus state “slavery and involuntary servitude in this State are forbidden.”[22] Full stop, no exceptions.
Making this important change to Kentucky’s Constitution doesn’t only entail the bill’s passage through a three-fifths majority of both chambers of the Kentucky General Assembly, but it requires one additional step: approval by Kentucky’s citizens through a popular vote.[23] However, passage of legislation removing the slavery exception clause from Kentucky’s Constitution will not automatically increase prisoner wages. Like Colorado, Kentucky will also be required to pass additional legislation specifically raising inmate wages to enact a tangible change.[24]
In all, Kentucky lawmakers face a long road to make this vital change to the state’s constitution and inmate wages, but the difference it will make to prisoners is a matter of dignity. Incarcerated individuals are already subject to harsh and, at times, inhumane circumstances, and forced labor while being severely underpaid only makes matters worse. Kentucky lawmakers should prioritize this imperative constitutional amendment and ban slavery once and for all.
One Kentucky lawmaker said it best: “The specific issue here is whether or not we should have a system that’s tied to our history of slavery.[25] He continued, stating “[t]he fact of the matter is, we need to take a very hard look at . . . our values as a society.”[26]
[1] Ky. Const. § 25.
[2] Id. (emphasis added).
[3] Sarah Ladd, Supporters of Ending ‘Slavery’ in Kentucky Line Up Behind Lexington Lawmaker’s Bill, Ky. Lantern (January 28, 2025, at 13:53 ET), https://kentuckylantern.com/2025/01/28/supporters-of-ending-slavery-in-kentucky-line-up-behind-lexington-lawmakers-bill/.
[4] H.B. 295, 2024 Gen. Assemb. (Ky. 2024); H.B. 121, 2025 Gen. Assemb. (Ky. 2025); H.B. 112, 2026 Gen. Assemb. (Ky. 2026).
[5] ACLU, Captive Labor: Exploitation of Incarcerated Workers 57 (2022), https://assets.aclu.org/live/uploads/publications/2022-06-15-captivelaborresearchreport.pdf.
[6] Ladd, supra note 3.
[7] See ACLU, supra note 5, at 55-58.
[8] ACLU, supra note 5, at 57; Resources, Abolish Slavery Nat’l Network, (last visited Sep. 14, 2026) https://abolishslavery.us/resources/#state-map.
[9] Ga. Const. art. I. § I, para. XXII (“There shall be no involuntary servitude within the State of Georgia except as a punishment for crime after legal conviction thereof or for contempt of court.”).
[10] ACLU, supra note 5, at 57.
[11] Abolish Slavery Nat’l Network, supra note 8.
[12] ACLU, supra note 5, at 58.
[13] Abolish Slavery Nat’l Network, supra note 8.
[14] See ACLU, supra note 5, at 57.
[15] Alex Burness, New Colorado Law Requires Minimum Wage for Some Prison Laborers, Denv. Post (Mar. 31, 2022, at 17:34 ET), https://www.denverpost.com/2022/03/30/colorado-prison-labor-minimum-wage/#.
[16] ACLU, supra note 5, at 18.
[17] Ladd, supra note 3.
[18] Ladd, supra note 3.
[19] Ladd, supra note 3.
[20] H.B. 295, 2024 Gen. Assemb. (Ky. 2024); H.B. 121, 2025 Gen. Assemb. (Ky. 2025); H.B. 112, 2026 Gen. Assemb. (Ky. 2026).
[21] See, e.g., H.B. 112.
[22] Id.
[23] Ky. Const. § 256.
[24] Sylvia Goodman, Ky. Constitution Still Allows Slavery. Some Lawmakers Want to Ban it Completely, Louisville Pub. Media (Dec. 5, 2023 at 15:00 ET), https://www.lpm.org/news/2023-12-05/ky-constitution-still-allows-slavery-some-lawmakers-want-to-ban-it-completely.
[25] Id.
[26] Id.