Rhode Island 2023 Regular Session

Rhode Island Senate Bill S0628 Compare Versions

Only one version of the bill is available at this time.

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5	5	2023 -- S 0628
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7	7	LC001564
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9	9	S TATE OF RHODE IS LAND
10	10	IN GENERAL ASSEMBLY
11	11	JANUARY SESSION, A.D. 2023
12	12	____________
13	13
14	14	A N A C T
15	15	RELATING TO ELECTIONS -- RESIDENCE OF INDIVIDUALS IN GOVERNMENT
16	16	CUSTODY ACT
17	17	Introduced By: Senators Quezada, Euer, Cano, Acosta, Britto, Lawson, Valverde,
18	18	Kallman, Bell, and McKenney
19	19	Date Introduced: March 07, 2023
20	20	Referred To: Senate Judiciary
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23	23	It is enacted by the General Assembly as follows:
24	24	SECTION 1. Legislative findings. 1
25	25	The general assembly hereby finds that: 2
26	26	The purpose of this chapter is to ensure that persons in government custody within the state 3
27	27	are counted at their actual residence for redistricting purposes. The general assembly notes that § 4
28	28	17-1-3.1 provides: "A person's residence for voting purposes is his or her fixed and established 5
29	29	domicile… A person can have only one domicile, and the domicile shall not be considered lost 6
30	30	solely by reason of absence for any of the following reasons:…Confinement in a correctional 7
31	31	facility…". Investigation has shown that, despite these provisions, the census classifies incarcerated 8
32	32	persons as residents of their places of incarceration rather than of their home addresses. The 9
33	33	provisions of this chapter are necessary to provide procedures and duties to correct this discrepancy. 10
34	34	SECTION 2. Title 17 of the General Laws entitled "ELECTIONS" is hereby amended by 11
35	35	adding thereto the following chapter: 12
36	36	CHAPTER 30 13
37	37	RESIDENCE OF INDIVIDUALS IN GOVERNMENT CUSTODY ACT 14
38	38	17-30-1. Short title. 15
39	39	This chapter shall be known and may be cited as the "Residence of Individuals in 16
40	40	Government Custody Act." 17
41	41	17-30-2. Electronic record. 18
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45	45	The department of corrections shall collect and maintain an electronic record of the legal 1
46	46	residence, presumptively outside of the facility, and other demographic data, for any person 2
47	47	entering its custody after January 1, 2024. At a minimum, this record shall contain the last known 3
48	48	complete street address prior to incarceration, the person's race, whether the person is of Hispanic 4
49	49	or Latino origin, and whether the person is over the age of eighteen (18) years. 5
50	50	17-30-3. Reports to the secretary of state. 6
51	51	(a) By May 1 of each year, the department of corrections shall deliver to the secretary of 7
52	52	state: 8
53	53	(1) The street address of the correctional facility in which such person was incarcerated at 9
54	54	the time of such report; 10
55	55	(2) The last known address of such person prior to incarceration or other legal residence (if 11
56	56	known); 12
57	57	(3) The person's race, whether the person is of Hispanic or Latino origin, and whether the 13
58	58	person is over the age of eighteen (18) years (if known); 14
59	59	(4) For any person who entered the department’s custody prior to January 1, 2024, the 15
60	60	department shall provide all information specified in subsections (a)(1) through (a)(3) of this 16
61	61	section that exists in its records; and 17
62	62	(5) Any additional information as the secretary of state may request pursuant to law. 18
63	63	(b) The department shall provide the information specified in subsection (a) of this section 19
64	64	in such form as the secretary of state shall specify. 20
65	65	(c) Notwithstanding any other provision of the general or public laws to the contrary, the 21
66	66	information required to be provided to the secretary of state pursuant to this section shall not include 22
67	67	the name of any incarcerated person and shall not allow for the identification of any such person 23
68	68	therefrom, except to the department of corrections. The information shall be treated as confidential, 24
69	69	and shall not be disclosed by the secretary of state except as redistricting data aggregated by census 25
70	70	block for purposes which they may require. 26
71	71	17-30-4. Federal facilities. 27
72	72	The secretary of state shall request each agency that operates a federal facility in this state 28
73	73	that incarcerates persons convicted of a criminal offense to provide the secretary of state with a 29
74	74	report including the information listed in § 17-30-3. 30
75	75	17-30-5. Requiring use of data in redistricting. 31
76	76	The secretary of state shall prepare redistricting population data to reflect incarcerated 32
77	77	persons at their residential address, pursuant to § 17-30-3. The data prepared by the secretary of 33
78	78	state pursuant to § 17-30-3 shall be the basis of state house of representative districts, state senate 34
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82	82	districts, and all local government districts that are based on population. Incarcerated populations 1
83	83	residing at unknown geographic locations within the state, as determined under § 17-30-3, shall not 2
84	84	be used to determine the ideal population of any set of districts, wards, or precincts. 3
85	85	17-30-6. Redistricting data publication by the secretary of state. 4
86	86	(a) For each person included in a report received under this chapter, the secretary of state 5
87	87	shall determine the geographic units for which population counts are reported in the federal 6
88	88	decennial census that contain the facility of incarceration and the legal residence as listed according 7
89	89	to the report. 8
90	90	(b) For each person included in a report received under this chapter, if the legal residence 9
91	91	is known and in this state, the secretary of state shall: 10
92	92	(1) Ensure that the person is not represented in any population counts reported by the 11
93	93	secretary of state for the geographic units that include the facility at which the person was 12
94	94	incarcerated, unless that geographic unit also includes the person's legal residence; and 13
95	95	(2) Ensure that any population counts reported by the secretary of state reflect the person’s 14
96	96	residential address as reported pursuant to this chapter. 15
97	97	(c) For each person included in a report received under this chapter for whom a legal 16
98	98	residence is unknown or not in this state, and for all persons reported in the census as residing in a 17
99	99	federal correctional facility for whom a report was not provided, the secretary of state shall: 18
100	100	(1) Ensure that the person is not represented in any population counts reported by the 19
101	101	secretary of state for the geographic units that include the facility at which the person was 20
102	102	incarcerated; and 21
103	103	(2) Allocate the person to a state unit not tied to a specific determined geography, as other 22
104	104	state residents with unknown state addresses are allocated, including, but not limited to, military 23
105	105	and federal government personnel stationed overseas. 24
106	106	(d) The data prepared by the secretary of state pursuant to this section shall be completed 25
107	107	and published no later than thirty (30) days from the date that federal decennial data is published 26
108	108	for the State of Rhode Island. 27
109	109	17-30-7. Annual reports by the secretary of state. 28
110	110	For each report received from the department or federal agency under this chapter, the 29
111	111	secretary of state shall analyze the data submitted for its completeness and publish its findings, 30
112	112	including, but not limited to: 31
113	113	(1) The number of records that were missing data; 32
114	114	(2) The number of records that could not be geocoded; and 33
115	115	(3) For any records that could not be geocoded, a determination of which information was 34
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119	119	missing or otherwise made the record unable to be geocoded. 1
120	120	17-30-8. Use in aid. 2
121	121	The data prepared by the secretary of state as required by § 17-30-3 shall not be used in the 3
122	122	distribution of any state or federal aid. 4
123	123	17-30-9. Severability. 5
124	124	If any provision of this chapter or the application of any provision of this chapter to any 6
125	125	person or circumstance is held invalid, the invalidity shall not affect other provisions or applications 7
126	126	of the chapter that can be given effect without the invalid provision or application, and for this 8
127	127	purpose the provisions of this chapter are severable. 9
128	128	SECTION 3. This act shall take effect upon passage. 10
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135	135	EXPLANATION
136	136	BY THE LEGISLATIVE COUNCIL
137	137	OF
138	138	A N A C T
139	139	RELATING TO ELECTIONS -- RESIDENCE OF INDIVIDUALS IN GOVERNMENT
140	140	CUSTODY ACT
141	141	***
142	142	This act would require that the state use the actual residences of persons in government 1
143	143	custody for redistricting purposes. Such information would be collected by the department of 2
144	144	corrections and forwarded to the secretary of state to be utilized for redistricting. The secretary of 3
145	145	state would be required to file annual reports. 4
146	146	This act would take effect upon passage. 5
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