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General Assembly Raised Bill No. 368
February Session, 2020
LCO No. 1773
Referred to Committee on GOVERNMENT ADMINISTRATION
AND ELECTIONS
Introduced by:
(GAE)
AN ACT CONCERNING TH E COUNTING OF INCARC ERATED
PERSONS FOR PURPOSES OF DETERMINING LEGISLAT IVE
DISTRICTS.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. (NEW) (Effective July 1, 2020) (a) (1) Not later than May first 1
in any year in which a federal decennial census has been taken and in 2
which the United States Census Bureau counted any incarcerated 3
individual as a resident of the town in which such incarcerated 4
individual's respective correctional facility is located, the Department of 5
Correction shall deliver to the Secretary of the Office of Policy and 6
Management in such form as the secretary shall prescribe: 7
(A) A unique identifier for each incarcerated individual subject to the 8
jurisdiction of the department on the date for which the decennial 9
census reports population; 10
(B) The street address of the correctional facility in which such 11
individual was incarcerated at the time of such report; 12 Raised Bill No. 368
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(C) The residential or other address of such individual prior to 13
incarceration, if known; 14
(D) An indication of whether such individual has attained the age of 15
eighteen years; 16
(E) Such individual's race and whether such individual is of Hispanic 17
or Latino origin, if known; and 18
(F) Any additional information the secretary may request pursuant 19
to law. 20
(2) Notwithstanding any provision of the general statutes, the 21
information required to be provided under this subsection shall not 22
include the name of any incarcerated individual or in any other way 23
allow for the identification of any such individual from such 24
information. Such information shall be confidential and not otherwise 25
disclosed, except to the secretary for the purposes of subsection (c) of 26
this section, or as aggregated by census block for the purposes of 27
subsection (d) of this section. 28
(b) Not later than May first in any year in which the federal decennial 29
census has been taken and in which the United States Census Bureau 30
counted any incarcerated individual as a resident of the town in which 31
such incarcerated individual's respective correctional facility is located, 32
the Secretary of the Office of Policy and Management shall request each 33
agency that operates a federal correctional facility in this state to provide 34
the secretary with a report including the information listed in 35
subdivision (1) of subsection (a) of this section. 36
(c) (1) For each individual included in a report received under 37
subsection (a) or (b) of this section, the Secretary of the Office of Policy 38
and Management shall determine the geographic units for which 39
population counts are reported in the federal decennial census, which 40
units contain the address of the facility in which such individual was 41
incarcerated, and such individual's residential or other address as listed 42
in such report. 43 Raised Bill No. 368
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(2) For each individual included in a report received under subsection 44
(a) or (b) of this section, if such individual's residential or other address 45
is known and in this state, the secretary shall adjust such information to: 46
(A) Ensure that all relevant population counts reported in the census 47
are as if such individual resided at such address on the date for which 48
the census reports population; and 49
(B) Ensure that such individual is not represented in any applicable 50
population count reported in the federal decennial census for the 51
geographic units that include the facility in which such individual was 52
incarcerated on the date for which the census reports population. 53
(3) For each individual included in a report received under subsection 54
(a) or (b) of this section whose residential or other address is unknown 55
or not in this state, and for each individual reported in the census as 56
residing in a federal correctional facility for whom a report was not 57
provided, the secretary shall adjust such information to: 58
(A) Ensure that such individual is not represented in any applicable 59
population count reported in the federal decennial census for the 60
geographic units that include the facility in which such individual was 61
incarcerated on the date for which the census reports population; and 62
(B) Ensure that such individual is counted as part of a state unit not 63
tied to a specific geographical location, in the same manner that an 64
individual with an unknown state of residency is counted, including, 65
but not limited to, military and federal government personnel stationed 66
abroad. 67
(d) The Secretary of the Office of Policy and Management shall 68
prepare and publish such information adjusted pursuant to subsection 69
(c) of this section not later than thirty days after the publication of the 70
redistricting data for this state by the United States Census Bureau in 71
the year following the taking of the federal decennial census, and such 72
adjusted information shall be the basis for determining state assembly 73
and senatorial districts, as well as municipal voting districts. No 74 Raised Bill No. 368
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residence at an unknown geographical location within the state under 75
subdivision (3) of subsection (c) of this section may be used to determine 76
the average population of any set of districts. The secretary shall notify 77
each municipality that such information shall be used for the purposes 78
of determining municipal voting districts. 79
(e) The Department of Correction shall determine the residential or 80
other address of each individual committed to the custody of the 81
department on or after January 1, 2021, and maintain an electronic 82
record of such address. Such record shall contain, at a minimum, the 83
last-known residential or other address of each individual prior to 84
incarceration. 85
This act shall take effect as follows and shall amend the following
sections:
Section 1 July 1, 2020 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.]