The proposed bill, titled the "Residence of Individuals in Government Custody Act," aims to ensure that individuals in government custody are counted at their actual residences for redistricting purposes, rather than at their places of incarceration. The bill mandates the Department of Corrections to collect and maintain an electronic record of the legal residence and demographic data of individuals entering custody after January 1, 2027. This record will include the last known complete street address prior to incarceration, the person's race, whether the person is of Hispanic or Latino origin, and whether the person is over the age of eighteen (18) years.
The Department of Corrections is required to deliver this information to the Division of Statewide Planning by May 1 of each year, including details such as the street address of the correctional facility, the last known address prior to incarceration, and demographic information. The act specifies that the information provided must not include the names of incarcerated individuals and must be treated as confidential, only to be disclosed in an aggregated form for redistricting purposes.
The Division of Statewide Planning will use the collected data to prepare redistricting population data that reflects incarcerated individuals at their residential addresses. This data will serve as the basis for congressional districts, state house of representative districts, state senate districts, and local government districts based on population. Incarcerated populations residing at unknown geographic locations will not be used to determine the ideal population of any set of districts, wards, or precincts.
Additionally, the Division of Statewide Planning will request reports from federal facilities that incarcerate individuals convicted of a criminal offense to ensure comprehensive data collection. The act also includes provisions for annual reports by the Division of Statewide Planning to review the completeness of the data submitted and to publish findings regarding any missing or un-geocoded records.
The data prepared by the Division of Statewide Planning shall not be used in the distribution of any state or federal aid. The provisions of this act will take effect upon passage.