By Tim Page and Guy Page
A proposed resolution introduced to the Senate on March 14 would repeal the section of the State Constitution calling for criminals to be punished at hard labor.
PR.2 would “amend the Constitution of the State of Vermont to repeal the section calling for criminals to be punished at hard labor. Guidelines for the proper treatment of justice-involved individuals can, and should, continue to evolve; such methods should not be enshrined in a state’s constitution.”
The bill was lead-sponsored by Sen. Rebecca White (D-White River Junction) and referred to the Judiciary Committee. The other sponsor is Sen. Tanya Vyhovsky (P-Chittenden).
The introduction to S.2 explains that “since 1777, attitudes toward incarceration and the treatment of justice involved individuals have changed considerably. The idea that the commission of crimes is effectively deterred ‘by continued visible punishments of long duration’ is outmoded….Guidelines for the proper treatment of justice-involved individuals can, and should, continue to evolve; such methods should not be enshrined in a state’s constitution.”
The amendment would repeal the following language: “To deter more effectually from the commission of crimes, by continued visible punishments of long duration, and to make sanguinary punishments less necessary, means ought to be provided for punishing by hard labor, those who shall be convicted of crimes not capital, whereby the criminal shall be employed for the benefit of the public, or for the reparation of injuries done to private persons: and all persons at proper times ought to be permitted to see them at their labor.”
At present, inmate participation in the Vermont Offender Work Program is voluntary. Pay is very low – as of 2005 workers were paid 25 cents an hour. Work includes assisting in operation of the prison facility, participating in prison-run industries, and working off-site on projects like construction at a Winooski school site.
Amendments to the Vermont Constitution must be approved by both houses of two successive Legislatures (2023-24, 2025-26) and then ratified by a statewide vote at the general election.
The proposed amendment appears to be a follow-up to the amendment approved by voters last November removing language about slavery and indentured servitude from the Constitution. Backers of the amendment included ‘decarceration’ advocates who oppose mass incarceration as a criminal justice measure.