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General Assembly Committee Bill No. 753
January Session, 2021
LCO No. 3566
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 from passage) (a) (1) On or before the first 1
day of May next following the year in which the decennial census of the 2
United States is taken and in which the United States Census Bureau 3
counts any incarcerated individual as a resident of the town in which 4
such incarcerated individual's respective correctional facility is located, 5
the Department of Correction shall deliver to the Secretary of the Office 6
of Policy and 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
(C) The residential or other address of such individual prior to 13
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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) On or before the first day of May next following the year in which 29
the decennial census of the United States is taken and in which the 30
United States Census Bureau counts any incarcerated individual as a 31
resident of the town in which such incarcerated individual's respective 32
correctional facility is located, the Secretary of the Office of Policy and 33
Management shall request each agency that operates a federal 34
correctional facility in this state to provide the secretary with a report 35
including the information listed in subdivision (1) of subsection (a) of 36
this section. 37
(c) (1) For each individual included in a report received under 38
subsection (a) or (b) of this section, the Secretary of the Office of Policy 39
and Management shall determine the geographic units for which 40
population counts are reported in the decennial census of the United 41
States, which units contain the address of the facility in which such 42
individual was incarcerated, and such individual's prior residential or 43
other address as listed in such report. 44
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(2) For each individual included in a report received under subsection 45
(a) or (b) of this section, if such individual's prior residential or other 46
address is known and in this state, the secretary shall adjust such 47
information to: 48
(A) Ensure that all relevant population counts reported in the 49
decennial census are as if such individual resided at such address on the 50
date for which the census reports population; and 51
(B) Ensure that such individual is not represented in any applicable 52
population count reported in the decennial census for the geographic 53
units that include the facility in which such individual was incarcerated 54
on the date for which the census reports population. 55
(3) For each individual included in a report received under subsection 56
(a) or (b) of this section whose residential or other address is unknown 57
or not in this state, and for each individual reported in the decennial 58
census as residing in a federal correctional facility for whom a report 59
was not provided, the secretary shall adjust such information to: 60
(A) Ensure that such individual is not represented in any applicable 61
population count reported in the decennial census for the geographic 62
units that include the facility in which such individual was incarcerated 63
on the date for which the census reports population; and 64
(B) Ensure that such individual is counted as part of a state unit not 65
tied to a specific geographical location, in the same manner that an 66
individual with an unknown state of residency is counted, including, 67
but not limited to, military and federal government personnel stationed 68
abroad. 69
(d) The Secretary of the Office of Policy and Management shall 70
prepare and publish such information adjusted pursuant to subsection 71
(c) of this section on or before either the first day of July next following 72
the year in which the decennial census of the United States is taken or 73
the thirtieth day after the publication of the redistricting data for this 74
state by the United States Census Bureau in such year, whichever is 75
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later, and such adjusted information shall be the basis for determining 76
state assembly and senatorial districts, as well as municipal voting 77
districts. No residence at an unknown geographical location within the 78
state under subdivision (3) of subsection (c) of this section may be used 79
to determine the average population of any set of districts. The secretary 80
shall notify each municipality that such information shall be used for 81
the purposes of determining municipal voting districts. 82
(e) The Department of Correction shall determine the residential or 83
other address of each individual committed to the custody of the 84
department on or after January 1, 2020, and maintain an electronic 85
record of such address. Such record shall contain, at a minimum, the 86
last-known residential or other address of each individual prior to 87
incarceration. 88
This act shall take effect as follows and shall amend the following
sections:
Section 1 from passage 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.]
Co-Sponsors: SEN. WINFIELD, 10th Dist.
S.B. 753