97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB5719

 

Introduced 2/16/2012, by Rep. La Shawn K. Ford

 

SYNOPSIS AS INTRODUCED:
 
New Act

    Creates the Prisoner Census Adjustment Act. Provides that, in the case of an individual who (i) has less than 4 years remaining on a prison sentence and (ii) completed a census form, responded to a census inquiry, or was included in any report provided to census officials indicating that the person resided at a correctional facility on the date of the inquiry or report, the Secretary of State shall prepare and disseminate adjusted census population counts to include the individual in all applicable population counts for the geographic units that include his or her last address before incarceration and eliminate the person from all applicable population counts for the geographic units that include the facility at which the person was incarcerated on the date for which the census reports population. Requires State and local governmental entities that operate facilities for the incarceration of persons convicted of a criminal offense, including mental health institutions for those persons, or place any person convicted of a criminal offense in a private facility to be incarcerated on behalf of the governmental entity, to prepare certain reports. Effective January 1, 2020.


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FISCAL NOTE ACT MAY APPLY
HOUSING AFFORDABILITY IMPACT NOTE ACT MAY APPLY
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

 

 

A BILL FOR

 

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1    AN ACT concerning census information.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
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 30 days after publication of census redistricting data for
8this State by the United States Census Bureau, the Secretary of
9State shall prepare and disseminate adjusted population counts
10for each geographic unit included in the census counts as
11provided in this Act.
 
12    Section 15. Reports to the Secretary of State.
13    (a) Not later than May 1 of the year in which the federal
14decennial census is conducted, each State and local
15governmental entity in this State that operates a facility for
16the incarceration of persons convicted of a criminal offense,
17including a mental health institution for those persons, or
18that places any person convicted of a criminal offense in a
19private facility to be incarcerated on behalf of the
20governmental entity, shall submit a report to the Secretary of
21State with all of the following information:
22        (1) The name of each person incarcerated in a facility

 

 

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1    operated by the governmental entity or in a private
2    facility operated on behalf of the governmental entity on
3    the date for which the census reports population who (A)
4    has less than 4 years remaining on his or her sentence and
5    (B) completed a census form, responded to a census inquiry,
6    or was included in any report provided to census officials,
7    if the form, response, or report indicated that the person
8    resided at the facility on that date.
9        (2) The age, gender, and race of each person included
10    in the report.
11        (3) The last address at which the person resided before
12    the person's current incarceration.
13    (b) Each governmental entity required to make a report
14under subsection (a) shall ensure that it collects and
15maintains the information required to make the report.
 
16    Section 20. Federal facilities. The Secretary of State
17shall request each agency that operates a federal facility in
18this State that incarcerates persons convicted of a criminal
19offense to provide the Secretary of State with a report
20including the information listed in subsection (a) of Section
2115 for persons convicted of an offense in this State.
 
22    Section 25. Adjustments by the Secretary of State. For each
23person included in a report received under Section 15 or 20 for
24whom a previous address is reported under item (3) of

 

 

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1subsection (a) of Section 15 of this Act, the Secretary of
2State shall determine the geographic units for which population
3counts are reported in the federal decennial census that
4contain the last address at which the person resided before the
5person's incarceration according to the report and, if that
6address is in this State:
7        (1) adjust all relevant population counts reported in
8    the census, including populations by age, gender, and race,
9    as if the person resided at that last known address on the
10    day for which the census reports population; and
11        (2) eliminate the person from all applicable
12    population counts reported in the federal decennial census
13    for the geographic units that include the facility at which
14    the person was incarcerated on the day for which the census
15    reports population.
 
16    Section 30. Use of census information in redistricting.
17    (a) Each political subdivision of the State that elects any
18members of a governmental body from election districts, wards,
19or precincts that are subject to the one-person one-vote
20requirement of the Constitution of the United States that
21redistricts after the Secretary of State adjusts population
22levels shall ensure that each of those election districts,
23wards, or precincts are redistricted according to the most
24recent adjusted population counts prepared by the Secretary of
25State.

 

 

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1    (b) A State governmental body, including the General
2Assembly and any State court, that redistricts any election
3districts subject to the one-person one-vote requirement of the
4Constitution of the United States shall comply with the
5restriction provided by subsection (a).
6    (c) A governmental entity to which this Section applies may
7exceed the adjusted population restrictions required by this
8Section only to the extent necessary to comply with federal
9law.
 
10    Section 99. Effective date. This Act takes effect January
111, 2020.