S.J.Res. 33Senate118th Congress (2023-2025)In Committee

A joint resolution proposing an amendment to the Constitution of the United States to prohibit the use of slavery and involuntary servitude as a punishment for a crime.

Introduced June 14, 2023

AI-Generated Summary

Updated January 20, 2026 at 8:54 AM UTC

S.J.Res. 33 proposes a new amendment to the U.S. Constitution that would ban the use of slavery and involuntary serviture as a punishment for any crime. The amendment would apply to all people sentenced under the criminal justice system and would take effect once three‑quarters of the states ratify it. It is intended to remove the exception in the 13th Amendment that currently allows forced labor as a criminal penalty, while leaving voluntary work programs and community‑service sentencing untouched.

Key Provisions

  • Adds a constitutional amendment stating: “Neither slavery nor involuntary servitude may be imposed as a punishment for a crime.”
  • Specifies that the amendment does not affect voluntary work programs or court‑ordered community service for incarcerated individuals.

Legislative Activity

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SenateIntro Referral Latest Action

Read twice and referred to the Committee on the Judiciary.

June 14, 2023

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SenateIntro Referral

Introduced in Senate

June 14, 2023

SenateIntro Referral

Read twice and referred to the Committee on the Judiciary.

June 14, 2023

Bill Text

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Introduced in SenateIssued June 14, 2023

IIA

118th CONGRESS

1st Session

S. J. RES. 33

IN THE SENATE OF THE UNITED STATES

June 14, 2023

Mr. Merkley (for himself and Mr. Booker) introduced the following joint resolution; which was read twice and referred to the Committee on the Judiciary

JOINT RESOLUTION

Proposing an amendment to the Constitution of the United States to prohibit the use of slavery and involuntary servitude as a punishment for a crime.

Whereas the Constitution of the United States has prohibited slavery and involuntary servitude for many, but not all, people in the United States since December 6, 1865;

Whereas the Thirteenth Amendment to the Constitution of the United States, which barred slavery and involuntary servitude, included an exception that allowed for slavery and involuntary servitude to continue as punishment for a crime;

Whereas this exception resulted in hundreds of thousands of Black Americans being returned to slavery after implementation of the Thirteenth Amendment;

Whereas Congress finds the continued existence of slavery and involuntary servitude antithetical to the democratic values, norms, and mores of the United States and can undermine the moral credibility of our country on the global stage;

Whereas our criminal justice system has the means to ensure people who have committed crimes are appropriately sentenced without resorting to slavery or involuntary servitude;

Whereas Congress recognizes the value of high-quality work programs that provide useful skills and stability for people in correctional institutions, and it is not the intent of Congress to interfere with opportunities for incarcerated people to consent to work or to modify any employment protections currently available to people in correctional institutions; and

Whereas Congress additionally acknowledges the importance of sentencing alternatives, and it is not the purpose of this amendment to interfere with the discretion of a court to offer community service as an alternative to incarceration: Now, therefore, be it

That the following article is proposed as an amendment to the Constitution of the United States, which shall be valid to all intents and purposes as part of the Constitution when ratified by the legislatures of three-fourths of the several States:

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Neither slavery nor involuntary servitude may be imposed as a punishment for a crime.

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