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AB-2172 Redistricting: inmates.(2017-2018)

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Date Published: 04/19/2018 04:00 AM
AB2172:v98#DOCUMENT

Amended  IN  Assembly  April 18, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 2172


Introduced by Assembly Member Weber

February 12, 2018


An act to amend Section 21003 of the Elections Code, relating to elections.


LEGISLATIVE COUNSEL'S DIGEST


AB 2172, as amended, Weber. Redistricting: inmates.
The California Constitution establishes the Citizens Redistricting Commission and charges it with various responsibilities in connection with redistricting Assembly, Senate, State Board of Equalization, and congressional districts. Existing law requires the Department of Corrections and Rehabilitation to furnish to the Citizens Redistricting Commission, not sooner than April 1, 2020, and in each year of the decennial census thereafter not sooner than the decennial Census Day, specified information regarding the last known place of residence of each inmate incarcerated in a state adult correctional facility, except as specified. if an inmate’s last place of residence is outside of California or unknown or if an inmate is in federal custody. Existing law requires the information furnished by the Department of Corrections and Rehabilitation to be sufficiently specific, or as specific as feasible, depending on whether the department’s Statewide Offender Management System is fully operational on or before April 1, 2020. Existing law requests that the Citizens Redistricting Commission deem each incarcerated person as residing at his or her last known place of residence, rather than at the institution of his or her incarceration, and to use the information furnished by the Department of Corrections and Rehabilitation in carrying out its redistricting responsibilities.
This bill would specify that the information furnished by Department of Corrections and Rehabilitation regarding the last known place of residence of each inmate is the last known place of residence on April 1, 2020, and, in each year of the decennial census thereafter, the last known place of residence of each inmate on Census Day. This bill would require the Department of Corrections and Rehabilitation to furnish both the Legislature and the Citizens Redistricting Commission the information described above, as well as additional specified information, regarding each inmate incarcerated in a facility under the Department’s control on April 1, 2020, and on each decennial Census Day thereafter. The bill would require the Department of Corrections and Rehabilitation to provide information regarding an inmate whose last place of residence is outside of California or unknown. It would delete the requirement that the Department furnish information regarding an inmate who has been transferred to a facility outside of California. The bill would also direct the Legislature to ensure that the information furnished by the Department of Corrections and Rehabilitation is included in a specified computerized database, but would prohibit publishing information regarding specific inmates. The bill also would delete the provision described above that is contingent upon the Statewide Offender Management System not being fully operational on or before April 1, 2020.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 21003 of the Elections Code is amended to read:

21003.
 (a) (1) Not sooner than April 1, 2020, and not later than July 1, 2020, the Department of Corrections and Rehabilitation shall furnish to the Legislature and the Citizens Redistricting Commission information regarding the last known place of residence of each inmate incarcerated in a state adult correctional facility on April 1, 2020, except an inmate whose last known place of residence is outside of California. April 1, 2020. For purposes of this section, a “state correctional facility” means a facility under the control of the Department of Corrections and Rehabilitation.
(2) The information furnished by the Department of Corrections and Rehabilitation pursuant to paragraph (1) shall include the following for each inmate:
(A) A unique identifier, other than the inmate’s name or Department of Corrections and Rehabilitation number.
(B) Last known place of residence information that is sufficiently specific to determine the congressional, State Senatorial, State Assembly, or State Board of Equalization district in which the inmate’s last known place of residence is located. This information may include, but not be is not limited to, census block information or information, street address information information, or a description of the location from which a census block can be derived. If an inmate’s last known place of residence is outside of California or cannot be determined, the information furnished by the Department of Corrections and Rehabilitation shall state that fact, and further information regarding the inmate’s last known place of residence is not required.
(C) The inmate’s ethnicity, as identified by the inmate, and the inmate’s race, to the extent such information is maintained by the Department of Corrections and Rehabilitation.
(D) The address of the state correctional facility where the inmate is incarcerated on the decennial Census Day.
(3) In 2030 and in each year ending in the number zero thereafter, the Department of Corrections and Rehabilitation shall furnish the information specified in paragraphs (1) and (2) for each inmate incarcerated in a state adult correctional facility on the decennial Census Day to the Legislature and the Citizens Redistricting Commission not sooner than the decennial Census Day and not later than 90 days thereafter.

(4)For purposes of this subdivision, “inmate incarcerated in a state adult correctional facility” includes an inmate who, as of April 1, 2020, has been transferred to a facility outside of California to complete his or her term of incarceration.

(5)

(4) The Department of Corrections and Rehabilitation shall exclude all inmates in state custody for whom a last known place of residence within California cannot be determined and all inmates in federal custody in a facility within California from the information furnished pursuant to this section.
(b) In order to comply with its obligation to ensure that a complete and accurate computerized database is available for redistricting in accordance with subdivision (b) of Section 8253 of the Government Code, the Legislature, in coordination with the Citizens Redistricting Commission, shall ensure that the information provided by the Department of Corrections and Rehabilitation pursuant to subdivision (a) is included in that computerized database.
(c) Notwithstanding subdivision (b), and regardless of the form in which the information is furnished by the Department of Corrections and Rehabilitation, the Legislature or the Citizens Redistricting Commission shall not publish information regarding the race, ethnicity, or last known place of residence of specific inmates.

(b)

(d) Consistent with Section 2025, the Legislature hereby requests the Citizens Redistricting Commission to deem each incarcerated person as residing at his or her last known place of residence, rather than at the institution of his or her incarceration, and to use the information furnished to it pursuant to subdivision (a) in carrying out its redistricting responsibilities under Article XXI of the California Constitution. The Legislature also requests the commission to do all of the following when it uses information regarding inmates that is furnished pursuant to this section:

(1)Regardless of the form in which the information is furnished, refrain from publishing any information regarding a specific inmate’s last known place of residence.

(2)

(1) Deem an inmate in state custody in a facility within California incarcerated in a state correctional facility for whom the last known place of residence is either outside California or cannot be determined, or an inmate in federal custody in a facility within California, to reside at an unknown geographical location in the state and exclude the inmate from the population count for any district, ward, or precinct.

(3)

(2) Adjust race and ethnicity data in districts, wards, and precincts that contain prisons in a manner that reflects reductions in the local population as inmates are included in the population count of the district, ward, or precinct of their last known place of residence. residence and, to the extent practicable, those deemed to reside at an unknown geographic location.

(c)

(e) For purposes of this section, “last known place of residence” means the address at which the inmate was last domiciled before his or her current term of incarceration, as determined from the court records of the county in which the inmate was sentenced to his or her current term of incarceration.