2023 -- S 0628
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LC001564
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S TATE OF RHODE IS LAND
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2023
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A N A C T
RELATING TO ELECTIONS -- RESIDENCE OF INDIVIDUALS IN GOVERNMENT
CUSTODY ACT
Introduced By: Senators Quezada, Euer, Cano, Acosta, Britto, Lawson, Valverde,
Kallman, Bell, and McKenney
Date Introduced: March 07, 2023
Referred To: Senate Judiciary
It is enacted by the General Assembly as follows:
SECTION 1. Legislative findings. 1
The general assembly hereby finds that: 2
The purpose of this chapter is to ensure that persons in government custody within the state 3
are counted at their actual residence for redistricting purposes. The general assembly notes that § 4
17-1-3.1 provides: "A person's residence for voting purposes is his or her fixed and established 5
domicile… A person can have only one domicile, and the domicile shall not be considered lost 6
solely by reason of absence for any of the following reasons:…Confinement in a correctional 7
facility…". Investigation has shown that, despite these provisions, the census classifies incarcerated 8
persons as residents of their places of incarceration rather than of their home addresses. The 9
provisions of this chapter are necessary to provide procedures and duties to correct this discrepancy. 10
SECTION 2. Title 17 of the General Laws entitled "ELECTIONS" is hereby amended by 11
adding thereto the following chapter: 12
CHAPTER 30 13
RESIDENCE OF INDIVIDUALS IN GOVERNMENT CUSTODY ACT 14
17-30-1. Short title. 15
This chapter shall be known and may be cited as the "Residence of Individuals in 16
Government Custody Act." 17
17-30-2. Electronic record. 18
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The department of corrections shall collect and maintain an electronic record of the legal 1
residence, presumptively outside of the facility, and other demographic data, for any person 2
entering its custody after January 1, 2024. At a minimum, this record shall contain the last known 3
complete street address prior to incarceration, the person's race, whether the person is of Hispanic 4
or Latino origin, and whether the person is over the age of eighteen (18) years. 5
17-30-3. Reports to the secretary of state. 6
(a) By May 1 of each year, the department of corrections shall deliver to the secretary of 7
state: 8
(1) The street address of the correctional facility in which such person was incarcerated at 9
the time of such report; 10
(2) The last known address of such person prior to incarceration or other legal residence (if 11
known); 12
(3) The person's race, whether the person is of Hispanic or Latino origin, and whether the 13
person is over the age of eighteen (18) years (if known); 14
(4) For any person who entered the department’s custody prior to January 1, 2024, the 15
department shall provide all information specified in subsections (a)(1) through (a)(3) of this 16
section that exists in its records; and 17
(5) Any additional information as the secretary of state may request pursuant to law. 18
(b) The department shall provide the information specified in subsection (a) of this section 19
in such form as the secretary of state shall specify. 20
(c) Notwithstanding any other provision of the general or public laws to the contrary, the 21
information required to be provided to the secretary of state pursuant to this section shall not include 22
the name of any incarcerated person and shall not allow for the identification of any such person 23
therefrom, except to the department of corrections. The information shall be treated as confidential, 24
and shall not be disclosed by the secretary of state except as redistricting data aggregated by census 25
block for purposes which they may require. 26
17-30-4. Federal facilities. 27
The secretary of state shall request each agency that operates a federal facility in this state 28
that incarcerates persons convicted of a criminal offense to provide the secretary of state with a 29
report including the information listed in § 17-30-3. 30
17-30-5. Requiring use of data in redistricting. 31
The secretary of state shall prepare redistricting population data to reflect incarcerated 32
persons at their residential address, pursuant to § 17-30-3. The data prepared by the secretary of 33
state pursuant to § 17-30-3 shall be the basis of state house of representative districts, state senate 34
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districts, and all local government districts that are based on population. Incarcerated populations 1
residing at unknown geographic locations within the state, as determined under § 17-30-3, shall not 2
be used to determine the ideal population of any set of districts, wards, or precincts. 3
17-30-6. Redistricting data publication by the secretary of state. 4
(a) For each person included in a report received under this chapter, the secretary of state 5
shall determine the geographic units for which population counts are reported in the federal 6
decennial census that contain the facility of incarceration and the legal residence as listed according 7
to the report. 8
(b) For each person included in a report received under this chapter, if the legal residence 9
is known and in this state, the secretary of state shall: 10
(1) Ensure that the person is not represented in any population counts reported by the 11
secretary of state for the geographic units that include the facility at which the person was 12
incarcerated, unless that geographic unit also includes the person's legal residence; and 13
(2) Ensure that any population counts reported by the secretary of state reflect the person’s 14
residential address as reported pursuant to this chapter. 15
(c) For each person included in a report received under this chapter for whom a legal 16
residence is unknown or not in this state, and for all persons reported in the census as residing in a 17
federal correctional facility for whom a report was not provided, the secretary of state shall: 18
(1) Ensure that the person is not represented in any population counts reported by the 19
secretary of state for the geographic units that include the facility at which the person was 20
incarcerated; and 21
(2) Allocate the person to a state unit not tied to a specific determined geography, as other 22
state residents with unknown state addresses are allocated, including, but not limited to, military 23
and federal government personnel stationed overseas. 24
(d) The data prepared by the secretary of state pursuant to this section shall be completed 25
and published no later than thirty (30) days from the date that federal decennial data is published 26
for the State of Rhode Island. 27
17-30-7. Annual reports by the secretary of state. 28
For each report received from the department or federal agency under this chapter, the 29
secretary of state shall analyze the data submitted for its completeness and publish its findings, 30
including, but not limited to: 31
(1) The number of records that were missing data; 32
(2) The number of records that could not be geocoded; and 33
(3) For any records that could not be geocoded, a determination of which information was 34
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missing or otherwise made the record unable to be geocoded. 1
17-30-8. Use in aid. 2
The data prepared by the secretary of state as required by § 17-30-3 shall not be used in the 3
distribution of any state or federal aid. 4
17-30-9. Severability. 5
If any provision of this chapter or the application of any provision of this chapter to any 6
person or circumstance is held invalid, the invalidity shall not affect other provisions or applications 7
of the chapter that can be given effect without the invalid provision or application, and for this 8
purpose the provisions of this chapter are severable. 9
SECTION 3. This act shall take effect upon passage. 10
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EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO ELECTIONS -- RESIDENCE OF INDIVIDUALS IN GOVERNMENT
CUSTODY ACT
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This act would require that the state use the actual residences of persons in government 1
custody for redistricting purposes. Such information would be collected by the department of 2
corrections and forwarded to the secretary of state to be utilized for redistricting. The secretary of 3
state would be required to file annual reports. 4
This act would take effect upon passage. 5
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LC001564
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