The 1881 Ball and Chain Law Still Sitting on WA State Books

Here’s another great incentive not to go to a city or county jail in Washington: you could be forced to do unpaid hard labor.

The town sheriff has the right to force you to work.

RCW 36.28.100
Employment of prisoners.
The sheriff or director of public safety shall employ all able-bodied persons sentenced to imprisonment in the county jail in such manner and at such places within the county as may be directed by the legislative authority of the county.

The judge in your district court can do the same.

RCW 9.92.130
City jail prisoners may be compelled to work.
When a person has been sentenced by any municipal or district judge in this state to a term of imprisonment in a city jail, whether in default of payment of a fine or otherwise, such person may be compelled on each day of such term, except Sundays, to perform eight hours' labor upon the streets, public buildings, and grounds of such city.

What Does ‘Otherwise’ Actually Mean?

What is covered in ‘otherwise’, though? It covers any other reason somebody landed in jail. Basically, if you end up in jail, you technically could be forced to go to work and there’s nothing you could do to stop it.

The only caveat is that you can’t be forced to work on a Sunday. This is covered under the Blue Laws, namely, codes that were written to prevent inmates from working on the ‘holy day’ of Sunday.

Hollywood’s Curious Take on Prison Labor

There are a few classic movies that featured main characters that were forced to work as inmates. I remember the George Clooney movie, O, Brother, Where Art Thou, Shawshank Redemption, and The Green Mile.

Various Artists - O Brother, Where Art Thou? (Music from the Motion Picture) — The Coen Brothers’ film, *O Brother, Where Art Thou?* This Compilation ℗ 2000 Lost Highway Records, a Division of UMG Recordings, Inc.

The most outlandish movie about forced labor, however, has to be Stir Crazy, starring Richard Pryor and Gene Wilder. I have never seen it, so I don’t know if it still stands the test of time, but I’ll probably watch it one day for a good giggle.

The Bottom Line

Whether it's classic cinema or 19th-century Washington law sitting on the books, one thing’s for certain and two things for sure, anytime you get arrested, you could be sent to work in the ol’ ball and chain gang!