Connecticut 2021 Regular Session

Connecticut Senate Bill SB00753 Compare Versions

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	7	+	General Assembly Substitute Bill No. 753
	8	+	January Session, 2021
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4		-	Substitute Senate Bill No. 753
5		-
6		-	Public Act No. 21-13
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8	13
9		-	AN ACT CONCERNING TH E COUNTING OF ~~CERTAI N~~
10		-	~~INCARCERATED INDIVIDUALS~~ FOR PURPOSES OF DETERMINING
11		-	~~STATE LEGISLATIVE AND MUNICIPAL VOTING~~ DISTRICTS.
	14	+	AN ACT CONCERNING TH E COUNTING OF INCARC ERATED
	15	+	PERSONS FOR PURPOSES OF DETERMINING LEGISLATIVE
	16	+	DISTRICTS.
12	17		Be it enacted by the Senate and House of Representatives in General
13	18		Assembly convened:
14	19
15		-	Section 1. (NEW) (Effective from passage) (a) (1) Except as provided in
16		-	subdivision (2) of this subsection, on or before the thirtieth day of June
17		-	in 2021, and thereafter on or before the first day of May in each year in
18		-	which the decennial census of the United States is taken and in which
19		-	the United States Census Bureau counts any incarcerated individual as
20		-	a resident of the town in which such incarcerated individual's respective
21		-	correctional facility is located, the Department of Correction shall
22		-	deliver to the Secretary of the Office of Policy and Management in such
23		-	form as the secretary shall prescribe:
24		-	(A) A unique identifier for each incarcerated individual subject to the
25		-	jurisdiction of the department on the date for which the decennial
26		-	census reports population;
27		-	(B) The street address of the correctional facility in which such
28		-	individual was incarcerated at the time of such report;
29		-	(C) The residential or other address of such individual prior to
30		-	incarceration; Substitute Senate Bill No. 753
	20	+	Section 1. (NEW) (Effective from passage) (a) (1) On or before the first 1
	21	+	day of May next following the year in which the decennial census of the 2
	22	+	United States is taken and in which the United States Census Bureau 3
	23	+	counts any incarcerated individual as a resident of the town in which 4
	24	+	such incarcerated individual's respective correctional facility is located, 5
	25	+	the Department of Correction shall deliver to the Secretary of the Office 6
	26	+	of Policy and Management in such form as the secretary shall prescribe: 7
	27	+	(A) A unique identifier for each incarcerated individual subject to the 8
	28	+	jurisdiction of the department on the date for which the decennial 9
	29	+	census reports population; 10
	30	+	(B) The street address of the correctional facility in which such 11
	31	+	individual was incarcerated at the time of such report; 12
	32	+	(C) The residential or other address of such individual prior to 13
	33	+	incarceration; 14
	34	+	(D) An indication of whether such individual has attained the age of 15 Substitute Bill No. 753
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32		-	Public Act No. 21-13 2 of 5
33	36
34		-	(D) An indication of whether such individual has attained the age of
35		-	eighteen years;
36		-	(E) Such individual's race and whether such individual is of Hispanic
37		-	or Latino origin, if known; and
38		-	(F) Any additional information the secretary may request pursuant
39		-	to law.
40		-	(2) In the case of each incarcerated individual who is serving a
41		-	sentence of life imprisonment without the possibility of release, the
42		-	Department of Correction shall not deliver to the Secretary of the Office
43		-	of Policy and Management the information described in subparagraph
44		-	(C) of subdivision (1) of this subsection.
45		-	(3) Notwithstanding any provision of the general statutes, the
46		-	information required to be provided under this subsection shall not
47		-	include the name of any incarcerated individual or in any other way
48		-	allow for the identification of any such individual from such
49		-	information. Such information shall be confidential and not otherwise
50		-	disclosed, except to the secretary for the purposes of subsection (c) of
51		-	this section, or as aggregated by census block for the purposes of
52		-	subsection (d) of this section.
53		-	(b) (1) Except as provided in subdivision (2) of this subsection, on or
54		-	before the thirtieth day of June in 2021, and thereafter on or before the
55		-	first day of May in each year in which the decennial census of the United
56		-	States is taken and in which the United States Census Bureau counts any
57		-	incarcerated individual as a resident of the town in which such
58		-	incarcerated individual's respective correctional facility is located, the
59		-	Secretary of the Office of Policy and Management shall request each
60		-	agency that operates a federal correctional facility in this state to provide
61		-	the secretary with a report including the information listed in
62		-	subdivision (1) of subsection (a) of this section. Substitute Senate Bill No. 753
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64		-	Public Act No. 21-13 3 of 5
	41	+	eighteen years; 16
	42	+	(E) Such individual's race and whether such individual is of Hispanic 17
	43	+	or Latino origin, if known; and 18
	44	+	(F) Any additional information the secretary may request pursuant 19
	45	+	to law. 20
	46	+	(2) Notwithstanding any provision of the general statutes, the 21
	47	+	information required to be provided under this subsection shall not 22
	48	+	include the name of any incarcerated individual or in any other way 23
	49	+	allow for the identification of any such individual from such 24
	50	+	information. Such information shall be confidential and not otherwise 25
	51	+	disclosed, except to the secretary for the purposes of subsection (c) of 26
	52	+	this section, or as aggregated by census block for the purposes of 27
	53	+	subsection (d) of this section. 28
	54	+	(b) On or before the first day of May next following the year in which 29
	55	+	the decennial census of the United States is taken and in which the 30
	56	+	United States Census Bureau counts any incarcerated individual as a 31
	57	+	resident of the town in which such incarcerated individual's respective 32
	58	+	correctional facility is located, the Secretary of the Office of Policy and 33
	59	+	Management shall request each agency that operates a federal 34
	60	+	correctional facility in this state to provide the secretary with a report 35
	61	+	including the information listed in subdivision (1) of subsection (a) of 36
	62	+	this section. 37
	63	+	(c) (1) For each individual included in a report received under 38
	64	+	subsection (a) or (b) of this section, the Secretary of the Office of Policy 39
	65	+	and Management shall determine the geographic units for which 40
	66	+	population counts are reported in the decennial census of the United 41
	67	+	States, which units contain the address of the facility in which such 42
	68	+	individual was incarcerated, and such individual's prior residential or 43
	69	+	other address as listed in such report. 44
	70	+	(2) For each individual included in a report received under subsection 45
	71	+	(a) or (b) of this section, if such individual's prior residential or other 46 Substitute Bill No. 753
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66		-	(2) In the case of each incarcerated individual who is serving a
67		-	sentence of life imprisonment without the possibility of release, the
68		-	Secretary of the Office of Policy and Management shall not request of
69		-	any agency that operates a federal correctional facility in this state that
70		-	such agency provide the secretary with the information described in
71		-	subparagraph (C) of subdivision (1) of subsection (a) of this section.
72		-	(c) (1) Except as provided in subdivision (4) of this subsection, for
73		-	each individual included in a report received under subsection (a) or (b)
74		-	of this section, the Secretary of the Office of Policy and Management
75		-	shall determine the geographic units for which population counts are
76		-	reported in the decennial census of the United States, which units
77		-	contain the address of the facility in which such individual was
78		-	incarcerated, and such individual's prior residential or other address as
79		-	listed in such report.
80		-	(2) Except as provided in subdivision (4) of this subsection, for each
81		-	individual included in a report received under subsection (a) or (b) of
82		-	this section, if such individual's prior residential or other address is
83		-	known and in this state, the secretary shall adjust such information to:
84		-	(A) Ensure that all relevant population counts reported in the
85		-	decennial census are as if such individual resided at such address on the
86		-	date for which the census reports population; and
87		-	(B) Ensure that such individual is not represented in any applicable
88		-	population count reported in the decennial census for the geographic
89		-	units that include the facility in which such individual was incarcerated
90		-	on the date for which the census reports population, unless such
91		-	individual's prior residential or other address is located within the same
92		-	such geographic units.
93		-	(3) Except as provided in subdivision (4) of this subsection, for each
94		-	individual included in a report received under subsection (a) or (b) of Substitute Senate Bill No. 753
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96		-	Public Act No. 21-13 4 of 5
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98		-	this section whose residential or other address is unknown or not in this
99		-	state, and for each individual reported in the decennial census as
100		-	residing in a federal correctional facility for whom a report was not
101		-	provided, the secretary shall adjust such information to:
102		-	(A) Ensure that such individual is not represented in any applicable
103		-	population count reported in the decennial census for the geographic
104		-	units that include the facility in which such individual was incarcerated
105		-	on the date for which the census reports population; and
106		-	(B) Ensure that such individual is counted as part of a state unit not
107		-	tied to a specific geographical location, in the same manner that an
108		-	individual with an unknown state of residency is counted, including,
109		-	but not limited to, military and federal government personnel stationed
110		-	abroad.
111		-	(4) For each individual included in a report received under subsection
112		-	(a) or (b) of this section who is serving a sentence of life imprisonment
113		-	without the possibility of release, the secretary shall not adjust such
114		-	information and shall ensure that such individual is represented in the
115		-	applicable population count reported in the decennial census for the
116		-	geographic units that include the facility in which such individual was
117		-	incarcerated on the date for which the census reports population.
118		-	(d) The Secretary of the Office of Policy and Management shall
119		-	prepare and publish such information, both adjusted and unadjusted,
120		-	pursuant to subsection (c) of this section on or before either the first day
121		-	of July next following the year in which the decennial census of the
122		-	United States is taken or the thirtieth day after the publication of the
123		-	redistricting data for this state by the United States Census Bureau in
124		-	such year, whichever is later, and such adjusted and unadjusted
125		-	information shall be the basis for determining state assembly and
126		-	senatorial districts, as well as municipal voting districts. No residence at
127		-	an unknown geographical location within the state under subdivision Substitute Senate Bill No. 753
	78	+	address is known and in this state, the secretary shall adjust such 47
	79	+	information to: 48
	80	+	(A) Ensure that all relevant population counts reported in the 49
	81	+	decennial census are as if such individual resided at such address on the 50
	82	+	date for which the census reports population; and 51
	83	+	(B) Ensure that such individual is not represented in any applicable 52
	84	+	population count reported in the decennial census for the geographic 53
	85	+	units that include the facility in which such individual was incarcerated 54
	86	+	on the date for which the census reports population. 55
	87	+	(3) For each individual included in a report received under subsection 56
	88	+	(a) or (b) of this section whose residential or other address is unknown 57
	89	+	or not in this state, and for each individual reported in the decennial 58
	90	+	census as residing in a federal correctional facility for whom a report 59
	91	+	was not provided, the secretary shall adjust such information to: 60
	92	+	(A) Ensure that such individual is not represented in any applicable 61
	93	+	population count reported in the decennial census for the geographic 62
	94	+	units that include the facility in which such individual was incarcerated 63
	95	+	on the date for which the census reports population; and 64
	96	+	(B) Ensure that such individual is counted as part of a state unit not 65
	97	+	tied to a specific geographical location, in the same manner that an 66
	98	+	individual with an unknown state of residency is counted, including, 67
	99	+	but not limited to, military and federal government personnel stationed 68
	100	+	abroad. 69
	101	+	(d) The Secretary of the Office of Policy and Management shall 70
	102	+	prepare and publish such information adjusted pursuant to subsection 71
	103	+	(c) of this section on or before either the first day of July next following 72
	104	+	the year in which the decennial census of the United States is taken or 73
	105	+	the thirtieth day after the publication of the redistricting data for this 74
	106	+	state by the United States Census Bureau in such year, whichever is 75
	107	+	later, and such adjusted information shall be the basis for determining 76
	108	+	state assembly and senatorial districts, as well as municipal voting 77 Substitute Bill No. 753
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129		-	Public Act No. 21-13 5 of 5
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131		-	(3) of subsection (c) of this section may be used to determine the average
132		-	population of any set of districts. The secretary shall notify each
133		-	municipality that the adjusted and unadjusted information shall be used
134		-	for the purposes of determining municipal voting districts.
135		-	(e) The Department of Correction shall (1) determine the residential
136		-	or other address of each individual who is committed to the custody of
137		-	the department as of or after January 1, 2020, and decennially thereafter,
138		-	and who remains so committed on the date for which the census reports
139		-	population, and (2) maintain an electronic record of such address. Such
140		-	record shall contain, at a minimum, the last-known residential or other
141		-	address of each such individual prior to incarceration.
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	115	+	districts. No residence at an unknown geographical location within the 78
	116	+	state under subdivision (3) of subsection (c) of this section may be used 79
	117	+	to determine the average population of any set of districts. The secretary 80
	118	+	shall notify each municipality that the adjusted information shall be 81
	119	+	used for the purposes of determining municipal voting districts. 82
	120	+	(e) The Department of Correction shall determine the residential or 83
	121	+	other address of each individual committed to the custody of the 84
	122	+	department on or after January 1, 2020, and maintain an electronic 85
	123	+	record of such address. Such record shall contain, at a minimum, the 86
	124	+	last-known residential or other address of each individual prior to 87
	125	+	incarceration. 88
	126	+	This act shall take effect as follows and shall amend the following
	127	+	sections:
	128	+
	129	+	Section 1 from passage New section
	130	+
	131	+	Statement of Legislative Commissioners:
	132	+	In the last sentence of Subsec. (d), "such information" was changed to
	133	+	"the adjusted information" for clarity.
	134	+
	135	+	GAE Joint Favorable Subst.
142	136