Fort Smith, Ark. — A proposed amendment filed ahead of the 2025 Arkansas legislative session seeks to fully abolish slavery in the state’s constitution, a move seen as long overdue by advocates for criminal justice reform.
Filed on November 20, 2024, House Joint Resolution 1002 (HJR1002) is sponsored by Rep. Jay Richardson (D-Fort Smith) and Sen. Reginald Murdock (D-Marianna). The resolution is co-sponsored by a number of Democratic lawmakers, including Reps. Andrew Collins, Fred Allen, Lincoln Barnett, Denise Jones Ennett, Kenneth B. Ferguson, Jessie McGruder, Tara Shephard, Joy Springer, and Sen. Jamie Scott. The proposed amendment would remove a provision in the Arkansas Constitution that permits slavery as a form of punishment for convicted criminals.
The amendment’s language emphasizes that “the Arkansas Constitution is the moral and legal foundation of our state,” and argues that abolishing all forms of slavery within the document reflects the values held by the citizens of Arkansas.
Rep. Richardson, a key proponent of the amendment, expressed his belief that “no one with good conscience should still entertain slavery in any form.” He added, “I think as a state, we don’t want this on our books. And we’re one of the few states that still have it there.”
Currently, Arkansas is one of only two states—along with Alabama—that retains language in its constitution allowing for slavery or involuntary servitude as punishment for crime. While the 13th Amendment to the U.S. Constitution abolished slavery nationwide in 1865, it included an exception that allows forced labor as punishment for crime, which many states have retained in their constitutions.
HJR1002 would not only remove this clause but also address another controversial issue: prison labor. Under the proposed amendment, prisoners would be compensated for any labor performed after their release, a significant shift from the current system where incarcerated individuals often work without pay or for very little compensation.
Sarah Moore, co-founder of the Arkansas Justice Reform Coalition, has been outspoken about the moral issues surrounding prison labor. “Forcing prisoners to work without pay is not morally correct,” she said. “Some people might think this is payment for being convicted of a crime, but their accountability is through the court system, not through forced labor.”
Moore, who has advocated for reforming the state’s criminal justice system, called the amendment’s introduction “a long-awaited but necessary step.” She noted the deep historical and social implications of continuing to allow slavery in any form, particularly in the prison system. “It’s disheartening that it’s taken almost two centuries to make this change,” she added, “but I’m hopeful that now we have a real opportunity to correct this wrong.”
While many lawmakers and advocates are hopeful about the bill’s passage, the proposal may face opposition. Some critics may argue that prison labor is a necessary part of the justice system, as it is seen by some as a way to provide inmates with skills and rehabilitation opportunities. However, Richardson believes the majority of Arkansans will support the amendment, given that “most Americans, most Arkansans, can get behind the fact that slavery is wrong and any form of it.”
If passed, the amendment would go into effect on January 1, 2027. The resolution has already been read twice in the legislature and is expected to be the subject of further debate in the coming months.
The introduction of HJR1002 comes as part of a broader national conversation about criminal justice reform, racial justice, and the legacy of slavery in the United States. Arkansas, which has a history of racial inequality and injustice, could become the latest state to confront its past and take action to abolish slavery from its constitution once and for all.
As Arkansas moves forward with this legislative proposal, the country will be watching to see whether this shift in policy could serve as a model for other states that continue to allow forced labor as punishment for crime.