Bill Text: CA AB2172 | 2017-2018 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Redistricting: inmates.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2018-08-28 - Chaptered by Secretary of State - Chapter 232, Statutes of 2018. [AB2172 Detail]

Download: California-2017-AB2172-Introduced.html

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CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill

No. 2172

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Introduced by Assembly Member Weber

February 12, 2018

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

LEGISLATIVE COUNSEL'S DIGEST

AB 2172, as introduced, 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. 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. 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.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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Bill Text

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 Citizens Redistricting Commission information regarding the last known place of residence of each inmate incarcerated in a state adult correctional facility, facility on April 1, 2020, except an inmate whose last known place of residence is outside of California.

(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) If the Statewide Offender Management System is fully operational on or before April 1, 2020, last 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 limited to, census block information or street address information from which a census block can be derived.

(C)If the Statewide Offender Management System is not fully operational on or before April 1, 2020, last known place of residence information that is as specific as feasible under the Department of Corrections and Rehabilitation’s database system and from which census block information can be derived.

(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 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) 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) 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 utilize 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) Deem an inmate in state custody in a facility within California 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) 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.

(c) For purposes of this section, “last known place of residence” means the address at which the inmate was last domiciled prior to 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.