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SJR 139

Relating to: slavery or involuntary servitude in punishment of a crime (first consideration).

2025-2026 Regular Session Introduced by Kristin Dassler-Alfheim and 7 co-sponsors

Wisconsin SJR 139 proposes a constitutional amendment eliminating the exception permitting slavery or involuntary servitude as criminal punishment, closing a loophole inherited from the 13th Amendment.

Failed to adopt pursuant to Senate Joint Resolution 1
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WeVote Research Nonpartisan
Bill Summary · SJR 139

Legislative bill overview

SJR 139 is a proposed constitutional amendment that would eliminate the exception in Wisconsin's constitution allowing slavery or involuntary servitude as punishment for crime. Currently, Wisconsin's constitutional language mirrors the 13th Amendment to the U.S. Constitution, which abolished slavery nationwide except as criminal punishment. This resolution seeks to close that constitutional loophole entirely.

Why is this important

This amendment addresses a rarely-discussed but constitutionally-preserved practice that technically permits forced labor of incarcerated individuals as part of their sentence. While Wisconsin state law may not actively enforce such practices, the constitutional language itself remains unchanged. Passing this amendment would align Wisconsin's constitution with the spirit of complete abolition and prevent any future legislation from using this exception.

Potential points of contention

  • Implementation questions: Unclear how this would affect existing prison labor programs, work-release initiatives, or whether incarcerated individuals could still be required to work as part of rehabilitation or institutional operations
  • Scope of "involuntary servitude": Debate over whether standard prison work assignments constitute prohibited servitude or whether only unpaid labor without consent qualifies
  • Constitutional amendment threshold: Requires passage in two consecutive legislative sessions plus voter approval, making it a multi-year process with significant political commitment needed

Compiled from official sources — confirm details with the bill’s official record.

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