98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
SB1442

 

Introduced 2/6/2013, by Sen. Kimberly A. Lightford

 

SYNOPSIS AS INTRODUCED:
 
New Act

    Creates the No Representation Without Population Act. Provides that the Illinois Department of Corrections shall collect and maintain an electronic record of the legal residence, outside of the facility, and other demographic data, for any person entering its custody after January 1, 2014. Provides that the record shall contain, at a minimum, the last known complete street address prior to incarceration, the person's race, whether the person is of Hispanic or Latino origin, and whether the person is age 18 or older. Contains provisions concerning reports, federal facilities, the Data Collection and Reporting Advisory Council, the determination of Legislative and Representative Districts, and State and federal aid. Contains a severability clause.


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A BILL FOR

 

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1    AN ACT concerning elections.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the No
5Representation Without Population Act.
 
6    Section 3. Definitions.
7    "Department" means the Illinois Department of Corrections.
8    "Council" means the Data Collection and Reporting Advisory
9Council.
 
10    Section 5. Electronic records. The Department shall
11collect and maintain an electronic record of the legal
12residence, outside of any correctional facility, and other
13demographic data for each person entering its custody after
14January 1, 2014. At a minimum, this record shall contain the
15person's last known complete street address prior to
16incarceration, the person's race, whether the person is of
17Hispanic or Latino origin, and whether the person is 18 years
18of age or older. To the degree possible, the Department shall
19also allow the legal residence to be updated as appropriate.
 
20    Section 10. Reports to the Secretary of State.
21    (a) In each year where the federal decennial census is

 

 

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1taken but in which the United States Bureau of the Census
2allocates incarcerated persons as residents of correctional
3facilities, the Department shall by May 1 of that same year
4deliver to the Secretary of State the following information:
5        (1) A unique identifier, not including the name or
6    Department-assigned inmate number, for each incarcerated
7    person subject to the jurisdiction of the Department on the
8    date for which the decennial census reports population. The
9    unique identifier shall enable the Secretary of State to
10    address inquiries about specific address records to the
11    Department, without making it possible for anyone outside
12    of the Department to identify the inmate to whom the
13    address record pertains.
14        (2) The street address of the correctional facility
15    where the person was incarcerated at the time of the
16    report.
17        (3) The last known address of the person prior to
18    incarceration or other legal residence, if known.
19        (4) The person's race, whether the person is of
20    Hispanic or Latino origin, and whether the person is age 18
21    or older, if known.
22        (5) Any additional information as the Secretary of
23    State may request pursuant to law.
24    (b) The Department shall provide the information specified
25in subsection (a) of this Section in the form that the
26Secretary of State shall specify.

 

 

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1    (c) Notwithstanding any other provision of law, the
2information required to be provided to the Secretary of State
3pursuant to this Section shall not include the name of any
4incarcerated person and shall not allow for the identification
5of any person therefrom, except to the Department. The
6information shall be treated as confidential, and shall not be
7disclosed by the Secretary of State except as redistricting
8data aggregated by census block for purposes specified in
9Section 25 of this Act.
 
10    Section 15. Federal facilities. The Secretary of State
11shall request each agency that operates a federal facility in
12this State that incarcerates persons convicted of a criminal
13offense to provide the Secretary of State with a report
14including the information listed in subsection (a) of Section
1510 of this Act.
 
16    Section 20. Reports to the Governor; Data Collection and
17Reporting Advisory Council.
18    (a) The Data Collection and Reporting Advisory Council is
19hereby created to examine the annual reports produced by the
20Department described in subsection (b) of this Section.
21    (b) The Department shall by May 1 of each year deliver to
22the Governor and the Council a report containing, for each
23piece of information requested in items (3) and (4) of
24subsection (a) of Section 10 of this Act, the total number of

 

 

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1incarcerated persons that were known as of April 1.
2    (c) The Council shall meet twice a year to provide
3consultation to the Department. All members of the Council
4shall serve without compensation, but shall be reimbursed for
5their reasonable and necessary expenses from funds available
6for that purpose.
7    (d) The Council shall consist of 11 members, appointed by
8the Governor. Each member shall be a subject matter expert in
9demographics, redistricting, or criminal justice data systems,
10including at least one expert in each of those subject matter
11areas.
 
12    Section 25. Secretary of State; redistricting data. The
13Secretary of State shall prepare redistricting population data
14to reflect incarcerated persons at their residential address,
15pursuant to Section 30 of this Act. The data prepared by the
16Secretary of State shall be the basis of the Legislative and
17Representative Districts required to be created pursuant to
18Section 3 of Article IV of the Illinois Constitution of 1970,
19and all local government districts that are based on
20population. Incarcerated populations residing at unknown
21geographic locations within the State, as determined under
22subsection (c)(2) of Section 30 of this Act shall not be used
23to determine the ideal population of any set of districts,
24wards, or precincts.
 

 

 

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1    Section 30. Determinations and data publication by the
2Secretary of State.
3    (a) For each person included in a report received under
4Sections 10 and 15 of this Act, the Secretary of State shall
5determine the geographic units for which population counts are
6reported in the federal decennial census that contain the
7facility of incarceration and the legal residence as listed
8according to the report.
9    (b) For each person included in a report received under
10Sections 10 and 15 of this Act, if the legal residence is known
11and in this State, the Secretary of State shall:
12        (1) ensure that the person is not represented in any
13    population counts reported by the Secretary of State for
14    the geographic units that include the facility where the
15    person was incarcerated, unless that geographic unit also
16    includes the person's legal residence; and
17        (2) ensure that any population counts reported by the
18    Secretary of State reflect the person's residential
19    address as reported under Sections 10 and 15 of this Act.
20    (c) For each person included in a report received under
21Sections 10 and 15 of this Act for whom a legal residence is
22unknown or not in this State, and for all persons reported in
23the census as residing in a federal correctional facility for
24whom a report was not provided, the Secretary of State shall:
25        (1) ensure that the person is not represented in any
26    population counts reported by the Secretary of State for

 

 

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1    the geographic units that include the facility where the
2    person was incarcerated; and
3        (2) allocate the person to a State unit not tied to a
4    specific determined geographic location, as other State
5    residents with unknown State addresses are allocated.
6    (d) The data prepared by the Secretary of State pursuant to
7this Section shall be completed and published no later than 30
8days after the date that federal decennial census data required
9to be published by Public Law 94-171 is published for the State
10of Illinois.
 
11    Section 35. Data; Legislative and Representative
12Districts. The data prepared by the Secretary of State in
13Section 30 of this Act shall be the basis for determining
14Legislative and Representative Districts and all local
15government districts that are based on population. Residences
16at unknown geographic locations within the State under
17subsection (c) of Section 30 of this Act shall not be used to
18determine the ideal population of any set of districts, wards,
19or precincts.
 
20    Section 40. State and federal aid. The data prepared by the
21Secretary of State in Section 30 of this Act shall not be used
22in the distribution of any State or federal aid.
 
23    Section 97. Severability. The provisions of this Act are

 

 

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1severable under Section 1.31 of the Statute on Statutes.