Colorado defends work requirements for inmates, who see parallels with slavery

DENVER (CN) — Before a Denver judge on Tuesday, a class of inmates claimed the Colorado Department of Corrections’ work requirements violate the state Constitution’s ban on slavery and involuntary servitude.

“Voters decided the state should not have the power to compel people to work against their will,” said attorney Stephanie Frisinger, who represents the class of prisoners challenging the state’s policy.

“Unfortunately the Colorado Department of Corrections has failed to live up to this promise and has continued to coerce involuntary labor,” said Frisinger, of Maxted Law in Denver.

When Colorado initially abolished slavery in 1877, lawmakers left in place a penal exception, allowing slavery and involuntary servitude to be used as punishment for crimes. In 2018, however, voters approved a constitutional amendment that removed the penal exception to outright ban coerced labor practices within the state’s borders.

In the aftermath of the change, however, the state Department of Corrections left inmate work requirements intact, prompting inmate Harold Mortis to lead a class action against the state on Feb. 15, 2022.

“Ending involuntary labor and implementing a voluntary incentive-based work program consistent with the Colorado Constitution is achievable,” Frisinger argued.

Mortis, who pleaded guilty to second degree murder in 2017, is serving a 40-year-prison sentence and hopes to be released in 2045.

“My main focus is to better myself and get out as soon as possible,” Mortis told the court via video link. When he refused to work, Mortis said corrections officers threatened to put him in “the hole,” an isolated cell he called a “jail within a jail.”

According to the inmates in their complaint, people who refuse to work face restricted confinement, loss of privileges like access to video games and microwaves, and fewer opportunities to earn points toward early release.

Jennifer Hunt, senior assistant attorney general, defended the state’s inmate work policies and consequences.

“Refusing to work may result in a loss of privileges, making their incarceration less comfortable,” Hunt said. “Restricting privileges does not constitute involuntary servitude.”

Working in prison leads to better opportunities, Hunt said, while not working means fewer opportunities. But Hunt said the corrections department didn’t need to change these rules following the passage of Amendment A, because the program already complied with the rule change.

“No one is forced to participate in activities that haven’t been ordered as a part of their sentence,” Hunt said. “We don’t have chain gangs in Colorado.”

State Judge Alex Myers granted partial summary judgment to the state on Oct. 27, 2022, finding the laws requiring inmates to work did not outright violate their rights, unless inmates faced legal or physical force as punishment. The inmates appealed, seeking to revive other claims, but the Court of Appeals declined to review the case.

The case has since been assigned to state Judge Sarah Wallace, who granted class certification on Dec. 17, 2024, and denied both parties’ motions for summary judgment on Aug. 26.

Both Wallace and Myers were appointed by Democratic Governor Jared Polis.

The bench trial is scheduled to run through Oct. 17.

Follow @bright_lamp