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3 | 3 | | LCO No. 1773 1 of 4 |
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4 | 4 | | |
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5 | 5 | | General Assembly Raised Bill No. 368 |
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6 | 6 | | February Session, 2020 |
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7 | 7 | | LCO No. 1773 |
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8 | 8 | | |
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9 | 9 | | |
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10 | 10 | | Referred to Committee on GOVERNMENT ADMINISTRATION |
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11 | 11 | | AND ELECTIONS |
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13 | 13 | | |
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14 | 14 | | Introduced by: |
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15 | 15 | | (GAE) |
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17 | 17 | | |
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18 | 18 | | |
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19 | 19 | | |
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20 | 20 | | AN ACT CONCERNING TH E COUNTING OF INCARC ERATED |
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21 | 21 | | PERSONS FOR PURPOSES OF DETERMINING LEGISLAT IVE |
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22 | 22 | | DISTRICTS. |
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23 | 23 | | Be it enacted by the Senate and House of Representatives in General |
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24 | 24 | | Assembly convened: |
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25 | 25 | | |
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26 | 26 | | Section 1. (NEW) (Effective July 1, 2020) (a) (1) Not later than May first 1 |
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27 | 27 | | in any year in which a federal decennial census has been taken and in 2 |
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28 | 28 | | which the United States Census Bureau counted any incarcerated 3 |
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29 | 29 | | individual as a resident of the town in which such incarcerated 4 |
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30 | 30 | | individual's respective correctional facility is located, the Department of 5 |
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31 | 31 | | Correction shall deliver to the Secretary of the Office of Policy and 6 |
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32 | 32 | | Management in such form as the secretary shall prescribe: 7 |
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33 | 33 | | (A) A unique identifier for each incarcerated individual subject to the 8 |
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34 | 34 | | jurisdiction of the department on the date for which the decennial 9 |
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35 | 35 | | census reports population; 10 |
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36 | 36 | | (B) The street address of the correctional facility in which such 11 |
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37 | 37 | | individual was incarcerated at the time of such report; 12 Raised Bill No. 368 |
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39 | 39 | | |
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40 | 40 | | |
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41 | 41 | | LCO No. 1773 2 of 4 |
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42 | 42 | | |
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43 | 43 | | (C) The residential or other address of such individual prior to 13 |
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44 | 44 | | incarceration, if known; 14 |
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45 | 45 | | (D) An indication of whether such individual has attained the age of 15 |
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46 | 46 | | eighteen years; 16 |
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47 | 47 | | (E) Such individual's race and whether such individual is of Hispanic 17 |
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48 | 48 | | or Latino origin, if known; and 18 |
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49 | 49 | | (F) Any additional information the secretary may request pursuant 19 |
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50 | 50 | | to law. 20 |
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51 | 51 | | (2) Notwithstanding any provision of the general statutes, the 21 |
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52 | 52 | | information required to be provided under this subsection shall not 22 |
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53 | 53 | | include the name of any incarcerated individual or in any other way 23 |
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54 | 54 | | allow for the identification of any such individual from such 24 |
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55 | 55 | | information. Such information shall be confidential and not otherwise 25 |
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56 | 56 | | disclosed, except to the secretary for the purposes of subsection (c) of 26 |
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57 | 57 | | this section, or as aggregated by census block for the purposes of 27 |
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58 | 58 | | subsection (d) of this section. 28 |
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59 | 59 | | (b) Not later than May first in any year in which the federal decennial 29 |
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60 | 60 | | census has been taken and in which the United States Census Bureau 30 |
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61 | 61 | | counted any incarcerated individual as a resident of the town in which 31 |
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62 | 62 | | such incarcerated individual's respective correctional facility is located, 32 |
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63 | 63 | | the Secretary of the Office of Policy and Management shall request each 33 |
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64 | 64 | | agency that operates a federal correctional facility in this state to provide 34 |
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65 | 65 | | the secretary with a report including the information listed in 35 |
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66 | 66 | | subdivision (1) of subsection (a) of this section. 36 |
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67 | 67 | | (c) (1) For each individual included in a report received under 37 |
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68 | 68 | | subsection (a) or (b) of this section, the Secretary of the Office of Policy 38 |
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69 | 69 | | and Management shall determine the geographic units for which 39 |
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70 | 70 | | population counts are reported in the federal decennial census, which 40 |
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71 | 71 | | units contain the address of the facility in which such individual was 41 |
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72 | 72 | | incarcerated, and such individual's residential or other address as listed 42 |
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73 | 73 | | in such report. 43 Raised Bill No. 368 |
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74 | 74 | | |
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75 | 75 | | |
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76 | 76 | | |
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77 | 77 | | LCO No. 1773 3 of 4 |
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78 | 78 | | |
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79 | 79 | | (2) For each individual included in a report received under subsection 44 |
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80 | 80 | | (a) or (b) of this section, if such individual's residential or other address 45 |
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81 | 81 | | is known and in this state, the secretary shall adjust such information to: 46 |
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82 | 82 | | (A) Ensure that all relevant population counts reported in the census 47 |
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83 | 83 | | are as if such individual resided at such address on the date for which 48 |
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84 | 84 | | the census reports population; and 49 |
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85 | 85 | | (B) Ensure that such individual is not represented in any applicable 50 |
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86 | 86 | | population count reported in the federal decennial census for the 51 |
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87 | 87 | | geographic units that include the facility in which such individual was 52 |
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88 | 88 | | incarcerated on the date for which the census reports population. 53 |
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89 | 89 | | (3) For each individual included in a report received under subsection 54 |
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90 | 90 | | (a) or (b) of this section whose residential or other address is unknown 55 |
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91 | 91 | | or not in this state, and for each individual reported in the census as 56 |
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92 | 92 | | residing in a federal correctional facility for whom a report was not 57 |
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93 | 93 | | provided, the secretary shall adjust such information to: 58 |
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94 | 94 | | (A) Ensure that such individual is not represented in any applicable 59 |
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95 | 95 | | population count reported in the federal decennial census for the 60 |
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96 | 96 | | geographic units that include the facility in which such individual was 61 |
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97 | 97 | | incarcerated on the date for which the census reports population; and 62 |
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98 | 98 | | (B) Ensure that such individual is counted as part of a state unit not 63 |
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99 | 99 | | tied to a specific geographical location, in the same manner that an 64 |
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100 | 100 | | individual with an unknown state of residency is counted, including, 65 |
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101 | 101 | | but not limited to, military and federal government personnel stationed 66 |
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102 | 102 | | abroad. 67 |
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103 | 103 | | (d) The Secretary of the Office of Policy and Management shall 68 |
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104 | 104 | | prepare and publish such information adjusted pursuant to subsection 69 |
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105 | 105 | | (c) of this section not later than thirty days after the publication of the 70 |
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106 | 106 | | redistricting data for this state by the United States Census Bureau in 71 |
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107 | 107 | | the year following the taking of the federal decennial census, and such 72 |
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108 | 108 | | adjusted information shall be the basis for determining state assembly 73 |
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109 | 109 | | and senatorial districts, as well as municipal voting districts. No 74 Raised Bill No. 368 |
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112 | 112 | | |
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113 | 113 | | LCO No. 1773 4 of 4 |
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114 | 114 | | |
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115 | 115 | | residence at an unknown geographical location within the state under 75 |
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116 | 116 | | subdivision (3) of subsection (c) of this section may be used to determine 76 |
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117 | 117 | | the average population of any set of districts. The secretary shall notify 77 |
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118 | 118 | | each municipality that such information shall be used for the purposes 78 |
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119 | 119 | | of determining municipal voting districts. 79 |
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120 | 120 | | (e) The Department of Correction shall determine the residential or 80 |
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121 | 121 | | other address of each individual committed to the custody of the 81 |
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122 | 122 | | department on or after January 1, 2021, and maintain an electronic 82 |
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123 | 123 | | record of such address. Such record shall contain, at a minimum, the 83 |
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124 | 124 | | last-known residential or other address of each individual prior to 84 |
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125 | 125 | | incarceration. 85 |
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126 | 126 | | This act shall take effect as follows and shall amend the following |
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127 | 127 | | sections: |
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128 | 128 | | |
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129 | 129 | | Section 1 July 1, 2020 New section |
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130 | 130 | | |
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131 | 131 | | Statement of Purpose: |
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132 | 132 | | To provide for the adjustment of population data so as to count |
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133 | 133 | | incarcerated persons as residents of their last town of residence rather |
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134 | 134 | | than as residents of the town in which the correctional facility is located. |
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135 | 135 | | [Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except |
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136 | 136 | | that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not |
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137 | 137 | | underlined.] |
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138 | 138 | | |
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