Illinois General Assembly - Full Text of HB0094
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Full Text of HB0094  97th General Assembly



State of Illinois
2011 and 2012


Introduced 1/12/2011, by Rep. LaShawn K. Ford


New Act

    Creates the Prisoner Census Adjustment Act. For purposes of creating election districts and redistricting, requires that State and local governmental bodies use census figures adjusted to reflect the pre-incarceration addresses of persons imprisoned in State or federal facilities in Illinois. Requires the Secretary of State to make the adjustments based upon information reported by State and local governmental entities that operate or place persons in facilities. Imposes the requirements beginning after the next federal decennial census.

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HB0094LRB097 05077 HLH 45118 b

1    AN ACT concerning census information.
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
5Prisoner Census Adjustment Act.
6    Section 10. Distribution of census information. Not later
7than the next September 1 following the date on which the
8tract-level population counts for this State from the federal
9decennial census are released by the director of the Bureau of
10the Census of the United States Department of Commerce, the
11Secretary of State shall prepare and disseminate adjusted
12population counts for each geographic unit included in the
13census counts as provided by this Act.
14    Section 15. Reports to the Secretary of State.
15    (a) Not later than June 1 of the year in which the federal
16decennial census is conducted, each State and local
17governmental entity in this State that operates a facility for
18the incarceration of persons convicted of a criminal offense,
19including a mental health institution for those persons, or
20that places any person convicted of a criminal offense in a
21private facility to be incarcerated on behalf of the
22governmental entity, shall submit a report to the Secretary of



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1State with the following information:
2        (1) The name of each person incarcerated in a facility
3    operated by the governmental entity or in a private
4    facility on behalf of the governmental entity on the date
5    for which the census reports population who completed a
6    census form, responded to a census inquiry, or was included
7    in any report provided to census officials, if the form,
8    response, or report indicated that the person resided at
9    the facility on that date.
10        (2) The age, gender, and race of each person included
11    in the report.
12        (3) The last address at which the person resided before
13    the person's current incarceration.
14    (b) Each governmental entity required to make a report
15under subsection (a) shall ensure that it collects and
16maintains the information required to make the report.
17    Section 20. Federal facilities. The Secretary of State
18shall request each agency that operates a federal facility in
19this State that incarcerates persons convicted of a criminal
20offense to provide the Secretary of State with a report
21including the information listed in subsection (a) of Section
2215 for persons convicted of an offense in this State.
23    Section 25. Adjustments by the Secretary of State. For each
24person included in a report received under Sections 15 and 20,



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1the Secretary of State shall determine the geographic units for
2which population counts are reported in the federal decennial
3census that contain the last address at which the person
4resided before the person's incarceration according to the
5report and, if that address is in this State:
6        (1) Adjust all relevant population counts reported in
7    the census, including populations by age, gender, and race,
8    as if the person resided at that address on the day for
9    which the census reports population.
10        (2) Eliminate the person from all applicable
11    population counts reported in the federal decennial census
12    for the geographic units that include the facility at which
13    the person was incarcerated on the day for which the census
14    reports population.
15    Section 30. Use of census information in redistricting.
16    (a) Each political subdivision of the State that elects any
17members of a governmental body from election districts, wards,
18or precincts that are subject to the one-person one-vote
19requirement of the Constitution of the United States shall
20ensure that after redistricting each of those election
21districts, wards, or precincts does not vary from the average
22population of those districts, wards, or precincts according to
23the most recent adjusted population counts prepared by the
24Secretary of State under Section 30 by more than 5%.
25    (b) A State governmental body, including the General



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1Assembly and any State court, that redistricts any election
2districts subject to the one-person one-vote requirement of the
3Constitution of the United States shall comply with the
4restriction provided by subsection (a).
5    (c) A governmental entity to which this Section applies may
6exceed the adjusted population restrictions required by this
7Section only to the extent necessary to comply with federal