HB7338 93RD GENERAL ASSEMBLY

LRB093 23256 JAM 53231 b

93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB7338

Introduced 10/22/04, by Rep. Arthur L. Turner

SYNOPSIS AS INTRODUCED:

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.

FISCAL NOTE ACT MAY APPLY

HOUSING AFFORDABILITY IMPACT NOTE ACT MAY APPLY

STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

A BILL FOR

AN ACT concerning census information.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Prisoner Census Adjustment Act.

Section 10. Distribution of census information. Not later than the next September 1 following the date on which the tract-level population counts for this State from the federal decennial census are released by the director of the Bureau of the Census of the United States Department of Commerce, the Secretary of State shall prepare and disseminate adjusted population counts for each geographic unit included in the census counts as provided by this Act.

Section 15. Reports to the Secretary of State.

(a) Not later than June 1 of the year in which the federal decennial census is conducted, each State and local governmental entity in this State that operates a facility for the incarceration of persons convicted of a criminal offense, including a mental health institution for those persons, or that places any person convicted of a criminal offense in a private facility to be incarcerated on behalf of the governmental entity, shall submit a report to the Secretary of State with the following information:

(1) The name of each person incarcerated in a facility operated by the governmental entity or in a private facility on behalf of the governmental entity on the date for which the census reports population who completed a census form, responded to a census inquiry, or was included in any report provided to census officials, if the form, response, or report indicated that the person resided at the facility on that date.

(2) The age, gender, and race of each person included in the report.

(3) The last address at which the person resided before the person's current incarceration.

(b) Each governmental entity required to make a report under subsection (a) shall ensure that it collects and maintains the information required to make the report.

Section 20. Federal facilities. The Secretary of State shall request each agency that operates a federal facility in this State that incarcerates persons convicted of a criminal offense to provide the Secretary of State with a report including the information listed in subsection (a) of Section 15 for persons convicted of an offense in this State.

Section 25. Adjustments by the Secretary of State. For each person included in a report received under Sections 15 and 20, the Secretary of State shall determine the geographic units for which population counts are reported in the federal decennial census that contain the last address at which the person resided before the person's incarceration according to the report and, if that address is in this State:

(1) Adjust all relevant population counts reported in the census, including populations by age, gender, and race, as if the person resided at that address on the day for which the census reports population.

(2) Eliminate the person from all applicable population counts reported in the federal decennial census for the geographic units that include the facility at which the person was incarcerated on the day for which the census reports population.

Section 30. Use of census information in redistricting.

(a) Each political subdivision of the State that elects any members of a governmental body from election districts, wards, or precincts that are subject to the one-person one-vote requirement of the Constitution of the United States shall ensure that after redistricting each of those election districts, wards, or precincts does not vary from the average population of those districts, wards, or precincts according to the most recent adjusted population counts prepared by the Secretary of State under Section 30 by more than 5%.

(b) A State governmental body, including the General Assembly and any State court, that redistricts any election districts subject to the one-person one-vote requirement of the Constitution of the United States shall comply with the restriction provided by subsection (a).

(c) A governmental entity to which this Section applies may exceed the adjusted population restrictions required by this Section only to the extent necessary to comply with federal law.