Connecticut Seal

General Assembly

File No. 563

    February Session, 2016

Substitute Senate Bill No. 459

Senate, April 7, 2016

The Committee on Judiciary reported through SEN. COLEMAN of the 2nd Dist., Chairperson of the Committee on the part of the Senate, that the substitute bill ought to pass.

AN ACT CONCERNING THE COUNTING OF INCARCERATED PERSONS FOR PURPOSES OF DETERMINING LEGISLATIVE DISTRICTS AND DISTRIBUTING STATE AND FEDERAL FUNDS.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. (NEW) (Effective July 1, 2016) (a) In each year in which the federal decennial census is taken and in which the United States Census Bureau counts incarcerated persons as residents of the towns in which the correctional facilities are located, the Department of Correction shall, not later than May first of that year, deliver to the Secretary of the State in such form as the Secretary of the State shall prescribe:

(1) A unique identifier for each incarcerated person subject to the jurisdiction of the department on the date for which the decennial census reports population;

(2) The street address of the correctional facility in which such person was incarcerated at the time of such report;

(3) The residential or other address of such person prior to incarceration, if known;

(4) An indication whether or not such person is eighteen years of age or older;

(5) The person's race and whether the person is of Hispanic or Latino origin, if known; and

(6) Any additional information the Secretary of the State may request pursuant to law.

(b) Notwithstanding any provision of the general statutes, the information required to be provided by this section shall not include the name of any incarcerated person or in any other way allow for the identification of any such person from such information. Such information shall be confidential and not otherwise disclosed except to the Office of Legislative Research, created pursuant to section 2-71c of the general statutes, for the purposes of section 3 of this act, or as aggregated by census block for purposes of section 4 of this act.

Sec. 2. (NEW) (Effective July 1, 2016) In each year in which the federal decennial census is taken and in which the United States Census Bureau counts incarcerated persons as residents of the towns in which the correctional facilities are located, the Secretary of the State shall request each agency that operates a federal facility in this state that incarcerates persons convicted of a criminal offense to provide the Secretary of the State with a report including the information listed in subsection (a) of section 1 of this act.

Sec. 3. (NEW) (Effective July 1, 2016) (a) For each person included in a report received under section 1 or 2 of this act, the Office of Legislative Research, created pursuant to section 2-71c of the general statutes, shall determine the geographic units for which population counts are reported in the federal decennial census that contain the address of the facility in which the person was incarcerated and such person's residential or other address as listed in such report.

(b) For each person included in a report received under section 1 or 2 of this act, if such person's residential or other address is known and in this state, the Office of Legislative Research shall:

(1) Ensure that all relevant population counts reported in the census are as if the person resided at that address on the date for which the census reports population; and

(2) Ensure that the person is not represented in any applicable population count reported in the federal decennial census for the geographic units that include the facility in which the person was incarcerated on the date for which the census reports population.

(c) For each person included in a report received under section 1 or 2 of this act whose residential or other address is unknown or not in this state, and for each person reported in the census as residing in a federal correctional facility for whom a report was not provided, the Office of Legislative Research shall:

(1) Ensure that the person is not represented in any applicable population count reported in the federal decennial census for the geographic units that include the facility in which the person was incarcerated on the date for which the census reports population; and

(2) Ensure that the person is counted as part of a state unit not tied to a specific geographical determination, in the same manner that a person with an unknown state of residency is counted, including, but not limited to, military and federal government personnel stationed abroad.

Sec. 4. (NEW) (Effective July 1, 2016) The Secretary of the State shall prepare and publish such data adjusted pursuant to section 3 of this act not later than thirty days after the publication of the redistricting data for this state by the United States Census Bureau and such adjusted data shall be the basis for (1) determining state assembly and senatorial districts and municipal redistricting, and (2) the distribution of state or federal funds or other benefits. Residences at unknown geographic locations within the state under subdivision (1) or (2) of subsection (c) of section 3 of this act shall not be used to determine the average population of any set of districts. The Secretary of the State shall notify each municipality that such data shall be used for the purposes of changing municipal voting districts.

Sec. 5. (NEW) (Effective July 1, 2016) The Department of Correction shall determine the residential street or other address of all persons committed to the custody of the department on or after January 1, 2017, and maintain an electronic record of such addresses. Such record shall contain, at a minimum, the last-known residential street or other address of each person prior to incarceration.

This act shall take effect as follows and shall amend the following sections:

Section 1

July 1, 2016

New section

Sec. 2

July 1, 2016

New section

Sec. 3

July 1, 2016

New section

Sec. 4

July 1, 2016

New section

Sec. 5

July 1, 2016

New section

Statement of Legislative Commissioners:

In Section 3(c)(1), the language was modified for consistency with Section 3(b)(2) and in Section 4, "municipal redistricting" was changed to "changing municipal voting districts" for consistency with the general statutes.

JUD

Joint Favorable Subst. -LCO

 

The following Fiscal Impact Statement and Bill Analysis are prepared for the benefit of the members of the General Assembly, solely for purposes of information, summarization and explanation and do not represent the intent of the General Assembly or either chamber thereof for any purpose. In general, fiscal impacts are based upon a variety of informational sources, including the analyst's professional knowledge. Whenever applicable, agency data is consulted as part of the analysis, however final products do not necessarily reflect an assessment from any specific department.

OFA Fiscal Note

State Impact: None

Municipal Impact:

Municipalities

Effect

FY 17 $

FY 18 $

The Out Years

All Municipalities

Shift in State and Federal Aid

None

None

Potential Significant

Explanation

There is no fiscal impact associated with requiring the Department of Correction to provide a list of names and addresses to the Secretary of State.

The bill requires the Office of Legislative Research (OLR) in FY 2021 to adjust census counts related to inmate population to their home address prior to incarceration. As OLR does not have expertise in geographical information systems they would have to hire an outside firm to perform this analysis. This could result in a cost ranging from $40,000 - $60,000.

The bill requires the revised town population estimates determined by OLR to be used in any state and Federal grant formulas in which population is a variable. As the bill requires prisoners to be considered residents of the towns they are from, this would likely result in a potentially significant loss of state and Federal aid to any town with large prison populations, beginning in FY 21.1

In any instance in which a state or Federal grant is prorated, any revenue loss to towns with a large prison population would result in a corresponding revenue gain to all other municipalities.

The Out Years

The annualized ongoing fiscal impact identified above would continue into the future subject to inflation.

OLR Bill Analysis

sSB 459

AN ACT CONCERNING THE COUNTING OF INCARCERATED PERSONS FOR PURPOSES OF DETERMINING LEGISLATIVE DISTRICTS AND DISTRIBUTING STATE AND FEDERAL FUNDS.

SUMMARY:

This bill creates a process to adjust U.S. Census population data to count inmates at their addresses prior to incarceration instead of at the prison address. The adjusted data must be the basis for (1) determining General Assembly districts and changing municipal voting districts and (2) distributing state or federal funds or benefits. The adjusted data is not used for Congressional redistricting.

The bill's process requires the:

The bill prohibits using residences at unknown geographic locations within the state to determine the average population for any set of districts.

EFFECTIVE DATE: July 1, 2016

DOC REPORT TO SECRETARY

The bill requires DOC to determine the residential street or other address of everyone committed to DOC custody beginning on January 1, 2017. DOC must keep the addresses in an electronic record that at least contains each inmate's last-known residential street or other address before incarceration.

By May 1 of each year when the federal decennial census is taken and the U.S. Census Bureau counts inmates as residents of the town in which they are incarcerated, the bill requires DOC to provide the secretary, in a form she prescribes, with:

The bill prohibits including the inmate's name or anything else that might identify the inmate. The bill makes the information confidential and prohibits its disclosure except to OLR or as aggregated by census block for the bill's purposes.

REQUEST TO FEDERAL PRISON AUTHORITIES

In each year the decennial census is taken and the U.S. Census Bureau counts inmates as residents of the towns in which they are incarcerated, the bill requires the secretary to ask each agency operating a federal facility in Connecticut incarcerating inmates convicted of crimes to report the same information as DOC.

OLR REASSIGNMENT OF INMATE ADDRESSES

For each person included in a DOC or federal agency report, the bill requires OLR to determine the geographic units (census blocks) in the census that contain the (1) correctional facility and (2) residential or other address. When the inmate's non-prison address is known and in Connecticut, OLR must adjust the population counts of geographic units reported in the census so that the inmate is represented as residing at his or her non-prison address on the date the census reports population, and not at the prison address.

For inmates with unknown or out-of-state addresses or residing in federal prisons for which a report was not provided, the bill requires OLR to ensure that these inmates are not counted in the geographic unit of the inmate's prison. Instead, they must be counted as part of a state unit not tied to a specific geographical determination in the way that someone with an unknown state of residency is counted (such as military and federal government personnel stationed abroad).

The bill does not establish a deadline by which OLR must make these adjustments.

SECRETARY OF THE STATE'S PUBLICATION OF ADJUSTED DATA

The bill requires the secretary to prepare and publish the data adjusted by OLR within 30 days after the U.S. Census Bureau publishes redistricting data for the state. Under federal law, the census must publish this data for each state within one year of Census Day. During the last cycle, Connecticut received this data on March 9, 2011.

COMMITTEE ACTION

Judiciary Committee

Joint Favorable

Yea

22

Nay

17

(03/21/2016)

TOP

1 Towns with prison populations include: Bridgeport, Brooklyn, Cheshire, Danbury (Federal prisoners), East Lyme, Enfield, Hartford, Montville, New Haven, Newtown, Somers, and Suffield.