Connecticut Seal

General Assembly

 

Raised Bill No. 459

February Session, 2016

 

LCO No. 3180

 

*03180_______JUD*

Referred to Committee on JUDICIARY

 

Introduced by:

 

(JUD)

 

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 any such incarcerated person is not represented in any geographical unit the correctional facility in which such person is incarcerated is located; and

(2) Ensure that any such 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 shall notify each municipality that such data shall be used for the purposes of municipal redistricting.

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 Purpose:

To provide for the adjustment of population data so as to count incarcerated persons as residents of their last town of residence rather than as residents of the town in which the correctional facility is located.

[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]