Rep. LaShawn K. Ford

Filed: 2/15/2011





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2    AMENDMENT NO. ______. Amend House Bill 94 by replacing
3everything after the enacting clause with the following:
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 August 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 May 1 of the year in which the federal



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1decennial census is conducted, each State and local
2governmental entity in this State that operates a facility for
3the incarceration of persons convicted of a criminal offense,
4including a mental health institution for those persons, or
5that places any person convicted of a criminal offense in a
6private facility to be incarcerated on behalf of the
7governmental entity, shall submit a report to the Secretary of
8State with the following information:
9        (1) The name of each person incarcerated in a facility
10    operated by the governmental entity or in a private
11    facility on behalf of the governmental entity on the date
12    for which the census reports population who completed a
13    census form, responded to a census inquiry, or was included
14    in any report provided to census officials, if the form,
15    response, or report indicated that the person resided at
16    the facility on that date.
17        (2) The age, gender, and race of each person included
18    in the report.
19        (3) The last address at which the person resided before
20    the person's current incarceration.
21    (b) Each governmental entity required to make a report
22under subsection (a) shall ensure that it collects and
23maintains the information required to make the report.
24    Section 20. Federal facilities. The Secretary of State
25shall request each agency that operates a federal facility in



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1this State that incarcerates persons convicted of a criminal
2offense to provide the Secretary of State with a report
3including the information listed in subsection (a) of Section
415 for persons convicted of an offense in this State.
5    Section 25. Adjustments by the Secretary of State. For each
6person included in a report received under Sections 15 and 20,
7the Secretary of State shall determine the geographic units for
8which population counts are reported in the federal decennial
9census that contain the last address at which the person
10resided before the person's incarceration according to the
11report and, if that address is in this State:
12        (1) Adjust all relevant population counts reported in
13    the census, including populations by age, gender, and race,
14    as if the person resided at that address on the day for
15    which the census reports population.
16        (2) Eliminate the person from all applicable
17    population counts reported in the federal decennial census
18    for the geographic units that include the facility at which
19    the person was incarcerated on the day for which the census
20    reports population.
21    Section 30. Use of census information in redistricting.
22    (a) Each political subdivision of the State that elects any
23members of a governmental body from election districts, wards,
24or precincts that are subject to the one-person one-vote



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1requirement of the Constitution of the United States that
2redistricts after the Secretary of State adjusts population
3levels shall ensure that each of those election districts,
4wards, or precincts are redistricted according to the most
5recent adjusted population counts prepared by the Secretary of
7    (b) A State governmental body, including the General
8Assembly and any State court, that redistricts any election
9districts subject to the one-person one-vote requirement of the
10Constitution of the United States shall comply with the
11restriction provided by subsection (a).
12    (c) A governmental entity to which this Section applies may
13exceed the adjusted population restrictions required by this
14Section only to the extent necessary to comply with federal
16    Section 99. Effective date. This Act takes effect January
171, 2020.".