Rhode Island House Bill H5538

Rhode Island 2025 Regular Session

• Introduced: 2/18/25
• Refer: 2/18/25

Caption

Requires state use actual residences of persons in government custody for redistricting purposes. Information would be collected by the department of corrections and forwarded to the division of statewide planning, to be utilized for redistricting.

Impact

The legislative intent behind HB 5538 is to create a more accurate reflection of the state's population distribution, thereby improving electoral fairness. The Department of Corrections is tasked with collecting and maintaining electronic records of the last known addresses of individuals entering custody. This data will subsequently be forwarded to the Division of Statewide Planning to ensure that electoral districts reflect where individuals actually reside rather than where they are confined. This move is likely to affect congressional and state legislative redistricting efforts significantly.

Summary

House Bill 5538, known as the 'Residence of Individuals in Government Custody Act', outlines a significant change in how individuals in government custody are counted for redistricting purposes in Rhode Island. The bill mandates that these individuals be counted at their actual residences, rather than the addresses of the facilities where they are incarcerated. This change aims to address discrepancies in the census that classify incarcerated individuals as residents of their correctional facilities, which can distort population data and electoral representation in various districts.

Contention

The bill anticipates potential contention regarding the classification and data collection of individuals in government custody. Critics may argue that ensuring accurate residency records could lead to complications or biases in redistricting practices, especially pertaining to the identification and reporting methods used for individuals who may be transient or have previously unstable living situations. Furthermore, ensuring confidentiality for incarcerated persons' data while providing sufficient detail for accurate representation poses logistical challenges.

Further_considerations

The act stipulates that redistricting data must differentiate between those who are known to live at a specific address versus those whose residences are unknown. Additionally, it highlights necessary annual reports to ensure data completeness and accuracy. By adopting this measure, HB 5538 not only provides a framework for future electoral integrity but also reflects a broader commitment to account for the demographic realities of all state residents, including those in government custody.