This enumeration of rights, and privileges shall not be construed to impair or deny others retained by the people.—

Note: The amendment to section 34 by Measure No. 112, 2022, as submitted to the people was preceded by a preamble that reads as follows: Whereas the Oregon Constitution has prohibited slavery and involuntary servitude, which is the coerced service of one individual for the benefit of another, since 1857; and Whereas the Constitution's prohibition on slavery and involuntary servitude contains antiquated language that on its face creates an exception to the prohibition on slavery and involuntary servitude; and Whereas in a just society that respects human dignity and the exercise of free will, there must be no exception to an unqualified and absolute prohibition on slavery and involuntary servitude; and Whereas Oregon and the United States are examining past instances of discrimination and are striving to undo foundational and historical barriers that perpetuate the injustice and unfairness of discrimination; and Whereas a state constitution is a foundational element of governance in a civil society and therefore no place for remnants of historical language that perpetuates principles of discrimination and racial intolerance; and Whereas the voters of this state recognized in adopting section 41, Article I, of the Oregon Constitution (section 41), that individuals who are convicted of a crime benefit from being fully engaged in productive activity so as to successfully re-enter society with practical skills and a viable work ethic; and Whereas section 41 envisions persons who are incarcerated performing labor at correctional institutions or pursuant to work release programs, participating in training and participating in educational opportunities, all of which develop motivation, work capabilities and cooperation; and Whereas section 41 authorizes compensation for labor and describes several types of jobs or related training that those who are incarcerated may perform; and Whereas because work provides myriad individual and collective benefits, the purpose of this proposed constitutional amendment is not to withdraw legitimate opportunities to work from individuals who have been convicted of a crime; and Whereas section 41 and this proposed constitutional amendment may operate in tandem to achieve positive outcomes for persons who are incarcerated or who re-enter society while more fully and completely removing the stain of slavery and involuntary servitude from this state; now, therefore,

Section 34. Prohibition on slavery or involuntary servitude; permissible alternatives to incarceration. (1) There shall be neither slavery nor involuntary servitude in this state.

1. (2) Upon conviction of a crime, an Oregon court or a probation or parole agency may order the convicted person to engage in education, counseling, treatment, community service or other alternatives to incarceration, as part of sentencing for the crime, in accordance with programs that have been in place historically or that may be developed in the future, to provide accountability, reformation, protection of society or rehabilitation.

[Added to Bill of Rights as unnumbered section by vote of the people at time of adoption of the Oregon Constitution in accordance with section 4 of Article XVIII thereof; Amendment proposed by S.J.R. 10, 2021, and adopted by the people Nov. 8, 2022]