Slavery, Solitary Confinement, and the Thirteenth Amendment: A Juneteenth Reflection

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Editor's Note

This week we are weaving together a theme that has begun to emerge from several stories recently featured in the Weekly Update. At its core is the relationship between work requirements in correctional and detention settings, the use of solitary confinement and other sanctions to enforce those requirements, and the Thirteenth Amendment, which abolished slavery and involuntary servitude "except as a punishment for crime."

The history is well known. Ratified in 1865 following the Civil War, the Thirteenth Amendment ended slavery in the United States but left intact an exception permitting involuntary servitude for those convicted of crimes. According to the Human Rights Research Center, approximately 80 percent of people in federal prisons and 60 percent of people in state prisons work, with many reporting that participation is mandatory. Refusing work assignments can result in serious consequences, including placement in solitary confinement. One incarcerated individual in Arkansas reported being sent to solitary confinement after refusing a work assignment picking cotton because of its association with slavery.

What is striking about articles we have included before and those below is that they illustrate several different legal strategies designed to challenge the connection between work requirements and coercive punishment.

In Colorado, voters approved Amendment A in 2018, removing the penal exception clause from the state constitution which allowed the state to use forced labor in addition to incarceration as a punishment for crime. Yet, as The Conversation reports, the Colorado Department of Corrections continued to operate mandatory work programs and imposed sanctions on those who refused to participate. Earlier this year, a court ruled that the department had violated the amended state constitution by continuing the use of force and isolation to compel work.

Other challenges have taken a different approach. Rather than relying on constitutional provisions, civil detainees in a Wisconsin jail invoked 18 U.S.C. §1589, a federal anti-trafficking statute, arguing that solitary confinement and the loss of privileges were being used to compel labor. A district court rejected the claim, concluding that the statute applied only to human trafficking. However, the Seventh Circuit reversed that ruling, finding that other federal appeals courts have recognized forced labor claims outside the trafficking context and allowing the detainees to proceed with their lawsuit.

Similarly, immigration detainees, again in Colorado, relied on both federal anti-trafficking law and Colorado's recent constitutional prohibition against involuntary servitude to litigate against the GEO Group. GEO argued that because it was carrying out directives from ICE, it should share in the federal government's sovereign immunity. The Supreme Court recently rejected that argument, allowing the case to proceed toward trial.

Yet these efforts also reveal the limits of legal reform. Colorado's experience demonstrates that changing constitutional language does not automatically change institutional practices. Likewise, as our subscribers know, legislation such as New York's HALT Act continues to encounter significant resistance to its implementation.

This Friday is Juneteenth, and on July 4th the United States will celebrate the 250th anniversary of its founding. It has often been observed that not a few of the signers of the Declaration of Independence were slaveholders and that some of those same men later helped write a constitution in which enslaved people were counted as three-fifths of a person. Many regard this as a stain on the nation's founding.

Abraham Lincoln may have believed that the Thirteenth Amendment began the process of removing that stain. Others, looking at the rise of Jim Crow following Reconstruction, might view the belief that slavery had truly been abolished as premature. With both Jim Crow and the nation's founding in mind, the language in the Thirteenth Amendment permitting slavery and involuntary servitude "except as a punishment for crime" might be seen as too great a temptation for the nation to avoid repeating its original sin.

The Thirteenth Amendment to the United States (U.S.) Constitution was passed in 1865 as a means to codify President Abraham Lincoln’s Emancipation Proclamation and abolish slavery. It stated that slavery would not exist in the U.S.; however, it also included an exception: punishment for a crime. The most recently available data from the Survey of Prison Inmates reports that about 80% of those in federal prisons and about 60% of those in state prisons work, and about 75% of those say they are required to. Inmates are assigned to dangerous positions, with some operating heavy machinery or fighting forest fires. Incarcerated workers report that they do not receive proper training or adequate personal protective equipment. One major concern with forced prison labor is the overrepresentation of certain demographic groups in the prison population. Black individuals, Hispanic individuals, and men make up a higher percentage of the federal prison population than the general U.S. population. For those refusing work requirement repercussions can be quite serious and pressure inmates into doing work that they are not prepared to do or are uncomfortable performing. An incarcerated man in Arkansas reported that when he refused a work assignment picking cotton because of its symbolism with slavery, he was placed in solitary confinement

Civil detainees sued a Wisconsin jail under the federal forced labor statute, 18 U.S.C. §1589, alleging they were compelled to work under threat of sanctions such as solitary confinement and loss of phone privileges. The district court dismissed the case, holding that the statute applies only to human trafficking cases. The Seventh Circuit reversed, finding that other federal appeals courts have recognized forced labor claims outside the trafficking context and allowing the detainees to proceed with their lawsuit.

For the past several weeks, hundreds of detainees at Delaney Hall, an immigration detention center in Newark, New Jersey, have been on a labor and hunger strike. Delaney Hall is owned and operated by GEO Group. GEO Group signed a 15-year contract with ICE in February 2025, providing ICE with the facility and “support services” like security, maintenance, and food services, in exchange for over $60 million annually. But it is the detainees who actually do that work. Forced labor practices are pervasive throughout ICE detention centers. In a Colorado facility owned by GEO Group, detainees sued, arguing that these policies violated the forced labor provision of a federal anti-trafficking law, as well as Colorado’s prohibition on unjust enrichment. And GEO Group tried to get the case dismissed, claiming it was following directions from the government, so the trial cannot proceed. The Supreme Court didn’t buy it, which means that the case, GEO Group v. Menocal, can at least proceed to a jury trial.

An ICE detainee was put in solitary confinement, then transferred out of state after the private contractor, GEO Group, that runs a Pennsylvania detention center claimed he encouraged others to refuse meals to protest conditions. In the weeks since, other hunger strikes have erupted and been sustained at GEO-run immigrant detention facilities in Newark, New Jersey, on May 22, and in Adelanto, California, on May 20.

Follow Ups

HR1: Medical Frailty

Editor's Comment: Many of our subscribers may know Sara Rosenbaum from her work as a leading Medicaid expert. In the Health Affairs article below, she and her coauthors examine the definition of medical frailty contained in the long-awaited rule implementing the Medicaid community engagement provisions of H.R. 1, the One Big Beautiful Bill Act (OBBBA)—the same provision COCHS discussed in last week's Editor's Note.

The authors argue that the Administration's last-minute changes to the medical frailty definition depart significantly from the legislation on which the rule is based. Not only will these changes require states to make modifications in a very short time span to already complex Medicaid eligibility systems, but, according to the authors, the rule also "contravenes the clear terms of the statute, which contains crucial definitional guardrails that the administration appears to have simply ignored."

On June 1, the Trump Administration released its long-awaited rule implementing the Medicaid community engagement provision of HR 1, also known as the One Big Beautiful Bill Act (OBBBA). The Centers for Medicare and Medicaid Services (CMS) has published this rule as an interim final rule (IFR); this means that while the public can submit comments, the rule as published takes effect on July 31, 2026 The rule contravenes the clear terms of the statute, which contains crucial definitional guardrails that the administration appears to have simply ignored. The result is a new definition within the rule that has been stripped of the law’s built-in safeguards. The medical frailty rule not only departs from the law on which it is based but seriously endangers the health of low-income working-age adults.

Ending Crime and Disorder on America’s Streets

Editor's Comment: As we continue to follow the impact of the president’s executive order, Ending Crime and Disorder on America's Streets (ECDAS), we came across this interesting story from Washington, D.C., where mayoral candidates, faith leaders, and community activists are debating the merits of safe injection sites.

One of the leading mayoral candidates, District Councilmember Janeese Lewis George, supports safe injection sites. Community organizer Ron Moten questions their effectiveness, arguing that methadone clinics have done little to reduce crime in affected neighborhoods. Meanwhile, Rev. George C. Gilbert Jr. of Holy Trinity United Baptist Church has denounced the proposal, calling such facilities "drug houses."

Yet the most striking aspect of the article may not be the debate itself but whether the debate is already overtaken by events. As the article notes, safe injection sites in the District would require federal approval. Given the ECDAS, such approval appears highly unlikely. Indeed, as we have noted in previous Weekly Updates, federal agencies have already begun retreating from harm-reduction approaches. The CDC, for example, informed recipients of overdose-prevention funding that they may no longer use slogans such as "Never Use Alone."

In that sense, this local debate may be somewhat beside the point. Regardless of where one stands on safe injection sites, communities across the country may need to reassess which substance use disorder programs remain politically and practically feasible under the current federal policy environment. The question may no longer be whether safe injection sites are a good idea, but whether they are an option at all.

Amid a heated campaign season leading to the June 16 D.C. primary, District residents and faith leaders alike are speaking out about safe injection sites, a proposal they believe will cause more harm than good for Washingtonians. On the morning of June 3, the Rev. George C. Gilbert Jr. of Holy Trinity United Baptist Church organized a press conference in Ward 7 with other clergy members and residents to denounce safe injection sites, or what he and some other concerned citizens call “drug houses.” For safe injection sites in the nation’s capital, the District would require federal approval, which will be difficult considering President Donald Trump’s cuts to prevention programs and his Ending Crime and Disorder on America’s Streets executive order. It enforces that individuals should receive outpatient treatment, but advises against funding harm reduction programs.

WellPath

Editor's Comment: Well, here we are, back with WellPath! In a previous WellPath follow up, there was a very unusual story from Kentucky. Britney Jones was suing WellPath for the death of her incarcerated brother, who was under the company's care. The case was about to be settled when WellPath declared bankruptcy. The bankruptcy caused Ms. Jones' attorney to do a bit of investigation. It turned out that, according to state requirements, the company was supposed to carry insurance that would pay out claims of negligence or wrongful death. In a second lawsuit, Ms. Jones' attorney filed for fraud against the state for negligence in ascertaining that the company had the insurance required. WellPath’s director of insurance, had written in the company’s bankruptcy filings that Wellpath’s insurance was merely a “fronting policy” and did not appear to provide actual coverage against lawsuits. Then something highly unusual happened, the Kentucky Finance and Administration Cabinet, Justice and Public Safety Cabinet, and Department of Corrections asked a judge to include new defendants in Ms. Jones’ second lawsuit, the insurance entities and their brokers that WellPath apparently used to meet the state’s requirements.

Now, in the article below, it appears the case has been settled. And, as often happens, neither Ms. Jones' attorney nor WellPath is divulging what the settlement is. Ms. Jones had previously settled with the state.

The embattled healthcare provider for Kentucky prisons recently settled a federal lawsuit that alleged the company’s neglect caused the death of an inmate in their care. The suit was filed by Britney Jones, whose brother, Chad Lake Raymond, died in 2021 at the Eastern Kentucky Correctional Complex in West Liberty. Jones sued the healthcare provider, Wellpath, in 2023.

Arizona

Editor's Comment: Despite the impending appointment of a receiver by Judge Roslyn Silver, the Arizona Legislature and Governor Katie Hobbs have agreed to a budget that would fund only about half of the staffing levels required under the long-running class action lawsuit against the Arizona Department of Corrections, Rehabilitation and Reentry (ADCRR).

Is this a surprise? As we have previously noted, neither Hobbs nor Senate President Warren Petersen appeared enthusiastic about Judge Silver's decision to move toward receivership. We have also reported that the Independent Corrections Oversight Office (ICOO), which was created in 2025 to help reform the ADCRR had originally been unfunded. The new budget proposal still provides no funding, meaning the ICOO is without staff and a physical office.

Do these budget decisions really matter? Looking to California might provide an answer. When the California Legislature failed to provide sufficient funding to meet court-ordered requirements during its prison healthcare receivership, Receiver J. Clark Kelso sought court orders requiring the state to provide the resources he deemed necessary to bring the California Department of Corrections and Rehabilitation into compliance.

As we have previously reported, several articles have identified former Ohio Department of Rehabilitation and Correction Director Annette Chambers-Smith as a likely candidate to serve as Arizona's receiver. However, at the time of this writing, no appointment has been announced.

Funding critical to improving the state prison system fell short in the state budget this session. The budget — negotiated and agreed upon by the Legislature and Gov. Katie Hobbs — included only about half of the funding necessary to comply with healthcare staffing requirements laid out in a long-running class action lawsuit against the Arizona Department of Corrections, Rehabilitation and Reentry. The final proposal also left out $1.5 million in funding necessary to create a functioning Independent Corrections Oversight Office. The lackluster appropriation is likely to stall both implementation and compliance with a year-old court order and could stir concerns with counsel for incarcerated people and the federal judge going forward. To avoid further contempt sanctions from the court, the department must increase its healthcare workforce by 557 employees — including 142 licensed practical nurses, 128 psychological associates, 115 behavioral health technicians, 74 emergency response technicians, 70 registered nurses, 22 psychiatrists, 20 staff physicians and 15 psychologists.

Oregon

Editor's Comment: In the February 25, 2025 Weekly Update, we included an article about the Oregon Department of Corrections firing Chief Medical Officer Dr. Warren Roberts and Assistant Director of Health Services Joe Bugher following an inquiry that detailed poor healthcare, long delays in treatment, and, at times, what were described as "unnecessarily humiliating" procedures endured by people in custody.

The department appeared ready to move on from the controversy. As we noted in the August 5, 2026 Weekly Update, Oregon DOC announced a series of reforms and portrayed the matter as settled.

But not so fast.

Joe Bugher appears to have taken considerable umbrage at his dismissal and is now suing the state for $6.9 million.

A former top Oregon Department of Corrections administrator who was fired after an outside review criticized his leadership has sued the agency, three of its executives and the consultant who wrote the scathing assessment. Joe Bugher is seeking $6.9 million and alleges corrections officials retaliated against him after he reported problems with the prison medical system, including what his claim describes as substandard care and misuse of public funds. Corrections Director Michael Reese fired Bugher and Dr. Warren Roberts, who served as the prison system’s chief medical officer, after an outside report painted a health care system in crisis. The report, commissioned by the Corrections Department and written by attorney Jill Goldsmith, raised questions about Roberts’ clinical skills, decision-making and management. Goldsmith called out Bugher for both his awareness of the concerns about Roberts and his failure to adequately respond to them.

ICE

Mamuka Artmeladze, a 43-year-old man from the Republic of Georgia, died in ICE custody at Winn Correctional Center in Louisiana, on June 4, 2026. ICE’s press release does not say much about what happened to Mamuka. He was reportedly found “unresponsive” by detention facility staff, who administered emergency medical care and transported him to a nearby medical facility. He died less than an hour after he was initially found. The DHS’s systematic indifference towards immigrants’ lives in detention mirrors the president’s and his proxies’ dehumanizing language and translates into understaffing and negligence at facilities across the country.

Solitary Confinement

In 2025, there were more suicides in the prison system — six — than in the prior three years combined. Scores of photos come from three death investigations conducted by Massachusetts State Police between April and October 2025. Despite a sweeping 2018 Massachusetts’s criminal justice law intended to significantly hinder the practice of solitary confinement, critics say the conditions still imitate solitary confinement — regardless of the one-hour difference.

Youth in North Carolina’s Juvenile Detention Centers receive dramatically different treatment, education services, and other rehabilitative opportunities depending on the facility in which they are detained — and most of the facilities violate state policies regarding their operations, including the use of solitary confinement in some of the facilities.

At least 47 people died by suicide while in restrictive housing in Mississippi prisons in the past decade, records from the Department of Corrections and the State Medical Examiner’s Office show. Despite calls to end solitary confinement, and the growing research about its negative effects and fatalities, the Department of Corrections regularly holds incarcerated people in isolation for weeks, months, and, in some cases, years at a time.

Studies

The newest publication from Professor Carmen Gutierrez and her colleagues, published last month (May 2026) in the American Journal of Public Health, is one of the first studies to show that any history of incarceration increases mortality (death) risk for older adults. While prior research has shown that incarceration accelerates physiological aging and shortens life expectancy overall, there is little known about how incarceration impacts mortality risk in later adulthood specifically.

Diabetes

Some medical professionals who’ve worked in jails and prisons, along with two former inmates, are now pushing correctional facilities to provide better diabetes care. They said the medical treatment inmates receive now puts their lives at risk and causes long-term medical problems that plague them — and the healthcare system — when they reenter society.

Hantavirus

San Quentin Rehabilitation Center confirmed on Wednesday that a 38-year-old male inmate contracted a possible case of hantavirus.

San Quentin Rehabilitation Center officials said that a suspected hantavirus case involving a 38-year-old male inmate has been ruled out after state testing determined the initial result was a false positive. The California Department of Public Health, the California Department of Corrections and Rehabilitation, and Marin County Public Health had been coordinating in the investigation after a commercial laboratory reported a positive antibody test. According to the agencies, false positives are common because antibody tests can sometimes cross-react with other viral infections.

State Roundup

Arizona

Arizona House Bill 2673, signed into law on June 4, 2026, focuses on mental health for inmates, establishing procedures for diagnosis and treatment of mental disorders among incarcerated individuals. This legislation aims to improve mental health care within the prison system.

California

Nine women inmates have filed a federal civil rights lawsuit against the city and county of San Francisco, alleging unconstitutional conditions inside a county jail. According to the lawsuit, the women are experiencing unhealthy conditions compared to male inmates. The complaint alleges a lack of exposure to "direct sunlight" and that inmates are living "under artificial light 24 hours a day," leading to health issues including "skin issues," "sleep disorders," "headaches" and "impairment of their eyesight."

Florida

In Florida’s corrections system, death comes in many forms — disease, despair, drugs and violence. Over the last decade, at least 4,000 inmates have died in a Florida jail or prison, according to the Florida Department of Corrections inmate mortality data. An analysis of these mortality records revealed that “natural deaths” — the state’s broad catch-all category for illnesses — dominate. But within those numbers, patterns in suicides, overdoses and homicides exist, along with unanswered questions about cases still under investigation.

Michigan

Federal and state lawmakers are calling on Gov. Gretchen Whitmer to intervene at Michigan’s only women’s prison after a third inmate in less than a month died intensifying scrutiny over conditions and medical care at the Huron Valley Correctional Facility. The Huron Valley Correctional Facility has faced months of scrutiny over living conditions, including overcrowding, poor ventilation and allegations of toxic mold.

U.S. Rep. Debbie Dingell sent a letter Monday to Gov. Gretchen Whitmer, calling for immediate action and answers from state officials about conditions at Women’s Huron Valley Correctional Facility, Michigan’s only women’s prison. The prison has been the center of significant criticism and controversy, including two federal lawsuits, one alleging the presence of toxic mold in the facility that was harming the health of inmates. That lawsuit remains in federal district court.

Following claims of toxic mold at the Women's Huron Valley Correctional Facility, the Michigan Department of Corrections says testing did not show "evidence of systemic black or toxic mold conditions."

More than half of the housing units at a Muskegon prison are under quarantine after 15 cases of scabies were confirmed by the Michigan Department of Corrections. Four of six housing units were on “quarantine status” and closed to visitors until further notice.

New York

Nearly three years after a homeless veteran died in an Erie County jail by water intoxication, a state oversight body found that his death could have been prevented. The New York State Commission of Corrections concluded that psychiatric staff at the Erie County Correctional Facility in Alden “failed to adequately diagnose” William Hager’s psychosis and monitor side effects of a medication he took.

Utah

For many years people behind bars who were receiving dialysis were transported to the University of Utah Hospital three times a week for treatment. Dialysis moved in-house for a time back in 2007, but that was later discontinued. In September 2025, dialysis returned to the prison with the installation of five dialysis machines, bought for $40,000 to $50,000 each.

Riker Island

The dispute over the existence of “deadlocking,” or the practice of locking up detainees on Rikers Island for weeks or months at a time in violation of Department of Correction policy, cutting them off from health care, services and other people in custody, continued during a jail oversight meeting. Officials with the Department of Correction during a Board of Correction meeting this week continued to deny that the practice, which was first alleged by a former social worker on Rikers Island in 2024, was used by correction officers.

Happy Juneteenth!
The Next COCHS Weekly Update Will Be Sent On June 30