2013 -- H 5283

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LC00810

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

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A N A C T

RELATING TO ELECTIONS - RESIDENCE OF THOSE IN GOVERNMENT CUSTODY

ACT

     Introduced By: Representatives Williams, Lally, Guthrie, Hull, and Ajello

     Date Introduced: February 06, 2013

     Referred To: House Judiciary

It is enacted by the General Assembly as follows:

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     SECTION 1. Title 17 of the General Laws entitled "ELECTIONS" is hereby amended by

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adding thereto the following chapter:

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     CHAPTER 30

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RESIDENCE OF THOSE IN GOVERNMENT CUSTODY ACT

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     17-30-1. 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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     17-30-2. Legislative declaration and findings. – The purpose of this chapter is to ensure

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that persons in government custody within the state are counted at their actual residence for

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redistricting purposes. The general assembly notes that Rhode Island general laws section 17-1-

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3.1 provides: "A person's residence for voting purposes is his or her fixed and established

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domicile… A person can have only one domicile, and the domicile shall not be considered lost

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solely by reason of absence for any of the following reasons:… Confinement in a correctional

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facility…" Investigation has shown that, despite these provisions, the census classifies

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incarcerated persons as residents of their places of incarceration rather than of their home

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addresses. The provisions of this act are necessary to provide procedures and duties to correct this

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discrepancy.

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     17-30-3. Electronic record. – The department of corrections shall collect and maintain

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an electronic record of the legal residence, presumptively outside of the facility, and other

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demographic data, for any person entering its custody after January 1, 2014. At a minimum, this

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record shall contain the last known complete street address prior to incarceration, the person's

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race, whether the person is of Hispanic or Latino origin, and whether the person is over the age of

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eighteen (18).

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     17-30-4. Reports to the secretary of state. – (a) In each year in which the federal

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decennial census is taken but in which the United States bureau of the census allocates

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incarcerated persons as residents of correctional facilities, the department of corrections shall, by

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May 1st of that same year, deliver to the secretary of state:

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     (1) 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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     (2) The last known address of such person prior to incarceration or other legal residence

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(if known);

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     (3) 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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     (4) Any additional information as the secretary of state may request pursuant to law.

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     (b) The department shall provide the information specified in subsection 17-30-4(a) in

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such form as the secretary of state shall specify.

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     (c) Notwithstanding any other provision of the general or public laws to the contrary, the

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information required to be provided to the secretary of state pursuant to this subdivision shall not

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include the name of any incarcerated person and shall not allow for the identification of any such

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person therefrom, except to the department of corrections. The information shall be treated as

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confidential, and shall not be disclosed by the secretary of state except as redistricting data

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aggregated by census block for purposes which they may require.

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     17-30-5. Federal facilities. – The secretary of state shall request each agency that

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operates a federal facility in this state that incarcerates persons convicted of a criminal offense to

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provide the secretary of state with a report including the information listed in section 17-30-4.

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     17-30-6. Requiring use of data in redistricting. – The secretary of state shall prepare

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redistricting population data to reflect incarcerated persons at their residential address, pursuant to

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section 17-30-5. The data prepared by the secretary of state pursuant to section 17-30-5 shall be

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the basis of state house of representative districts, state senate districts, and all local government

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districts that are based on population. Incarcerated populations residing at unknown geographic

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locations within the state, as determined under section 17-30-5 shall not be used to determine the

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ideal population of any set of districts, wards, or precincts.

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     17-30-7. Determinations and data publication by the secretary of state. – (a) For each

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person included in a report received under this chapter, the secretary of state shall determine the

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geographic units for which population counts are reported in the federal decennial census that

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contain the facility of incarceration and the legal residence as listed according to the report.

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     (b) For each person included in a report received under this chapter, if the legal residence

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is known and in this state, the secretary of state shall:

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     (1) Ensure that the person is not represented in any population counts reported by the

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secretary of state for the geographic units that include the facility at which the person was

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incarcerated, unless that geographic unit also includes the person's legal residence.

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     (2) Ensure that any population counts reported by the secretary of state reflect the

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persons' residential address as reported pursuant to this chapter.

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     (c) For each person included in a report received under this chapter for whom a legal

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residence is unknown or not in this state, and for all persons reported in the census as residing in a

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federal correctional facility for whom a report was not provided, the secretary of state shall:

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     (1) Ensure that the person is not represented in any population counts reported by the

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secretary of state for the geographic units that include the facility at which the person was

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incarcerated.

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     (2) Allocate the person to a state unit not tied to a specific determined geography, as

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other state residents with unknown state addresses are allocated, including, but not limited to,

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military and federal government personnel stationed overseas.

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     (d) The data prepared by the secretary of state pursuant to this section shall be completed

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and published no later than thirty (30) days from the date that federal decennial PL94-171 data is

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published for the state of Rhode Island.

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     17-30-8. Use in aid. – The data prepared by the secretary of state in section 17-30-5 shall

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not be used in the distribution of any state or federal aid.

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     17-30-9. Severability. – If any provision of this act or the application of any provision of

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this act to any person or circumstance is held invalid, the invalidity does not affect other

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provisions or applications of the act that can be given effect without the invalid provision or

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application, and for this purpose the provisions of this act are severable.

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     SECTION 2. This act shall take effect upon passage.

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LC00810

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO ELECTIONS - RESIDENCE OF THOSE IN GOVERNMENT CUSTODY

ACT

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     This act would require that persons in government custody use their actual residence for

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census and redistricting purposes. Such information shall be determined by the department of

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corrections and the secretary of state, and forwarded to the United States census bureau.

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     This act shall take effect upon passage.

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