2013 -- S 0147

=======

LC00462

=======

STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

____________

A N A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT

     Introduced By: Senators Metts, Crowley, Pichardo, and Jabour

     Date Introduced: January 24, 2013

     Referred To: Senate Judiciary

It is enacted by the General Assembly as follows:

1-1

     SECTION 1. Title 42 of the General Laws entitled "STATE AFFAIRS AND

1-2

GOVERNMENT" is hereby amended by adding thereto the following chapter:

1-3

     CHAPTER 155

1-4

RESIDENCE OF THOSE IN GOVERNMENT CUSTODY ACT

1-5

     42-155-1. Title. – This chapter shall be known and may be cited as the “Residence of

1-6

Those in Government Custody Act.”

1-7

     42-155-2. Legislative Purpose. – The purpose of this act is to ensure that persons in

1-8

government custody within the state are counted at their actual residence for redistricting

1-9

purposes.

1-10

     42-155-3. Residence of persons in government custody – Collecting addresses. – The

1-11

department of corrections shall collect and maintain an electronic record of the proper residential

1-12

address, presumptively outside of the facility, for all people entering its custody after January 1,

1-13

2014. At a minimum, this record should contain the last known complete street address prior to

1-14

incarceration, their race, whether the person is of hispanic or latino origin, and whether the person

1-15

is over the age of eighteen (18) and to the degree possible, should allow an alternative proper

1-16

residential address to be updated as appropriate.

1-17

     42-155-4. Residence of persons in government custody – Reports to the General

1-18

Assembly. – (a) In each year in which the federal decennial census is taken, but in which the

1-19

United States Bureau of the Census counts incarcerated persons as residents of correctional

1-20

facilities, each state agency that operates a facility for the incarceration of persons convicted of a

2-1

criminal offense, including mental health institutions or that places any person convicted of a

2-2

criminal offense in a private facility to be incarcerated on behalf of the state agency, shall, by

2-3

May 1st of that same year, or within seven (7) days of the date this chapter takes effect, whichever

2-4

is later, deliver to the general assembly:

2-5

     (1) A unique identifier, not including the name, for each incarcerated person subject to

2-6

the jurisdiction of the department on the date for which the decennial census reports population;

2-7

     (2) The street address of the correctional facility in which such person was incarcerated at

2-8

the time of such report;

2-9

     (3) The residential address of such person prior to incarceration or other proper

2-10

residential address (if known);

2-11

     (4) The person’s race, whether the person is of hispanic or latino origin, and whether the

2-12

person is over the age of eighteen (18) (if known).

2-13

     (5) Any additional information as the general assembly may request pursuant to law.

2-14

     (b) The department shall provide the information specified in subsection (a) of this

2-15

section in such form as the general assembly shall specify.

2-16

     (c) Notwithstanding any other provision of law, the information required to be provided

2-17

pursuant to this subsection shall not include the name of any incarcerated person and shall not

2-18

allow for the identification of any such person therefrom. The same shall be treated as

2-19

confidential and shall not otherwise be disclosed except as aggregated by census block for

2-20

purposes specified in section 42-155-7.

2-21

     42-155-5. Residence of persons in government custody – Federal facilities. – The

2-22

general assembly shall request each agency that operates a federal facility in this state that

2-23

incarcerates persons convicted of a criminal offense to provide the general assembly with a report

2-24

including the information listed in subsection 42-155-4(a).

2-25

     42-155-6. Residence of persons in government custody – Adjustments by the

2-26

General Assembly. – (a) For each person included in a report received under sections 42-155-4

2-27

and 42-155-5, the general assembly shall determine the geographic units for which population

2-28

counts are reported in the federal decennial census that contain the address of the facility of

2-29

incarceration and the proper residential address as listed according to the report.

2-30

     (b) For each person included in a report received under sections 42-155-4 and 42-155-5,

2-31

if the proper residential address is known and in this state, the general assembly shall:

2-32

     (1) Adjust all relevant population counts reported in the census as if the person resided at

2-33

that address on the day for which the census reports population.

3-34

     (2) Ensure that the person is not represented in any applicable population counts reported

3-35

in the federal decennial census for the geographic units that include the facility at which the

3-36

person was incarcerated on the day for which the census reports population.

3-37

     (c) For each person included in a report received under sections 42-155-4 and 42-155-5

3-38

and for all persons reported in the census as residing in a federal correctional facility for whom a

3-39

report was not provided, if the proper residential address is unknown or not in this state, the

3-40

general assembly shall:

3-41

     (1) Adjust all relevant population counts reported in the census as if the person resided at

3-42

an unknown geographic location within the state on the day for which the census reports

3-43

population.

3-44

     (2) Ensure that the person is not represented in any applicable population counts reported

3-45

in the federal decennial census for the geographic units that include the facility at which the

3-46

person was incarcerated on the day for which the census reports population.

3-47

     42-155-7. Residence of persons in government custody – Requiring use of data in

3-48

redistricting. – The adjusted data prepared by the general assembly in section 42-155-6 shall be

3-49

the basis of state house and senate districts, and all county, municipal and other local government

3-50

districts that are based on population. Residences at unknown geographic locations within the

3-51

state under subsection 42-155-6(c) shall not be used to determine the average population of any

3-52

set of districts, wards, or precincts.

3-53

     42-155-8. Residence of persons in government custody – Severability. – If any

3-54

provision of this chapter or the application of any provision of this chapter to any person or

3-55

circumstance is held invalid, the invalidity shall not affect other provisions or applications of the

3-56

chapter that can be given effect without the invalid provision or application, and for this purpose

3-57

the provisions of this chapter are severable.

3-58

     SECTION 2. This act shall take effect upon passage.

=======

LC00462

========

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT

***

4-1

     This act would create the Residence of Those in Government Custody Act in order to

4-2

ensure that persons in government custody are counted at their actual residence for redistricting

4-3

purposes.

4-4

     This act would take effect upon passage.

=======

LC00462

=======