2012 -- S 2218

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LC00749

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

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A N A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT

     Introduced By: Senators Metts, and Pichardo

     Date Introduced: January 24, 2012

     Referred To: Senate Judiciary

It is enacted by the General Assembly as follows:

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

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

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     CHAPTER 155

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RESIDENCE OF THOSE IN GOVERNMENT CUSTODY ACT

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

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Those in Government Custody Act.”

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

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

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purposes.

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

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

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

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2013. At a minimum, this record should contain the last known complete street address prior to

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

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

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residential address to be updated as appropriate.

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

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

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

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

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

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

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

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is later, deliver to the general assembly:

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

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

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

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the time of such report;

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

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residential address (if known);

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

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

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

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

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section in such form as the general assembly shall specify.

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

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

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

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

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purposes specified in section 42-155-7.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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general assembly shall:

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

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

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population.

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

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

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

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

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

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

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

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

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set of districts, wards, or precincts.

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

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

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

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

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the provisions of this chapter are severable.

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     SECTION 2. This act shall take effect upon passage.

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LC00749

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT

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

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

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purposes.

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     This act would take effect upon passage.

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LC00749

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