States and Adjustment Wording

Adjustment Wording

California

ELECTIONS CODE, DIVISION 21. STATE AND LOCAL REAPPORTIONMENT CHAPTER 1. General Provisions – 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 Legislature and the Citizens Redistricting Commission, in the form of a single electronic file for each database maintained by the department, information regarding each inmate incarcerated in a state correctional facility on April 1, 2020. For purposes of this section, a “state correctional facility” means a facility under the control of the Department of Corrections and Rehabilitation.
(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) Any information maintained by the Department of Corrections and Rehabilitation about the residential address or addresses at which the inmate was domiciled before the inmate’s most current term of incarceration, including any available information about the date on which each address was added to records maintained by the department. If the Department of Corrections and Rehabilitation does not have any residential address information for an inmate, the information furnished by the department shall state that fact.
(C) The inmate’s ethnicity, as identified by the inmate, and the inmate’s race, to the extent such information is maintained by the Department of Corrections and Rehabilitation.
(D) The address of the state correctional facility where the inmate is incarcerated on the decennial Census Day.
(3) In 2030 and in each year ending in the number zero thereafter, the Department of Corrections and Rehabilitation shall furnish, in the form of a single electronic file for each database maintained by the department, the information specified in paragraphs (1) and (2) for each inmate incarcerated in a state correctional facility on the decennial Census Day to the Legislature and the Citizens Redistricting Commission not sooner than the decennial Census Day and not later than 90 days thereafter. (4) The Department of Corrections and Rehabilitation shall exclude all inmates in federal custody in a facility within California from the information furnished pursuant to this section.
(b) In order to comply with its obligation to ensure that a complete and accurate computerized database is available for redistricting in accordance with subdivision (b) of Section 8253 of the Government Code, the Legislature, in coordination with the Citizens Redistricting Commission, shall ensure that the information provided by the Department of Corrections and Rehabilitation pursuant to subdivision (a) is included in that computerized database.
(c) Notwithstanding subdivision (b), and regardless of the form in which the information is furnished by the Department of Corrections and Rehabilitation, the Legislature or the Citizens Redistricting Commission shall not publish information regarding the race, ethnicity, or prior residential addresses of specific inmates.
(d) Consistent with Section 2025, the Legislature hereby requests the Citizens Redistricting Commission to deem each incarcerated person as residing at that person’s last known place of residence, rather than at the institution of that person’s incarceration, and to 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 Citizens Redistricting Commission to do all of the following when it uses information regarding inmates that is furnished pursuant to this section: (1) Deem an inmate incarcerated in a state correctional facility 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.
(2) 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 and, to the extent practicable, those deemed to reside at an unknown geographic location.
(e) For purposes of this section, “last known place of residence” means the most recent residential address of an inmate before the inmate’s most current term of incarceration that is sufficiently specific to be assigned to a census block, as determined from information furnished by the Department of Corrections and Rehabilitation in accordance with this section. In the case of an inmate for whom residential address information is available but is not sufficiently specific to allow the address to be assigned to a census block, the “last known place of residence” means a randomly determined census block located within the smallest geographical area that can be identified based on the residential address information furnished by the Department of Corrections and Rehabilitation.

Colorado

Update: The legislative commission for Colorado voted to reallocate incarcerated persons. The congressional commission voted against reallocation. Read more in the Colorado Newsline
Updated August 13, 2021

Section 2-2-902 of the Colorado Revised Statutes

(2) (a) STARTING AS SOON AS PRACTICABLE AFTER THE EFFECTIVE DATE OF THIS SECTION, THE DEPARTMENT SHALL COLLECT AND MAINTAIN AN ELECTRONIC RECORD OF THE LEGAL RESIDENCE, PRESUMPTIVELY OUTSIDE OF THE CORRECTIONAL FACILITY, AND OTHER DEMOGRAPHIC DATA, FOR ANY PERSON ENTERING ITS CUSTODY. AT A MINIMUM, THIS RECORD MUST CONTAIN THE LAST KNOWN COMPLETE STREET ADDRESS PRIOR TO INCARCERATION, THE PERSON’S RACE, WHETHER THE PERSON IS OF I IISPANIC ORIGIN, AND WHETHER THE PERSON IS OVER EIGHTEEN YEARS OF AGE. To THE DEGREE POSSIBLE, THE DEPARTMENT SHALL ALSO ALLOW THE LEGAL RESIDENCE TO BE UPDATED AS APPROPRIATE. (b) ON OR BEFORE MAY 1 OF EACH YEAR IN WHICH THE FEDERAL DECENNIAL CENSUS IS TAKEN AND IN WHICH THE UNITED STATES CENSUS BUREAU COUNTS INCARCERATED PERSONS AS RESIDENTS OF CORRECTIONAL FACILITIES, THE DEPARTMENT SHALL DELIVER TO NONPARTISAN STAFF A REPORT THAT INCLUDES, FOR EACH PERSON INCARCERATED IN A FACILITY OPERATED BY OR UNDER CONTRACT WITH THE DEPARTMENT FOR WHOM THE RECORDS OF THE DEPARTMENT INDICATE A LEGAL RESIDENCE IN THIS STATE: (I) A UNIQUE IDENTIFIER, NOT INCLUDING THE NAME OF THE PERSON OR THE STATE OFFENDER IDENTIFICATION NUMBER. THE UNIQUE IDENTIFIER MUST ENABLE NONPARTISAN STAFF TO ADDRESS INQUIRIES ABOUT SPECIFIC ADDRESS RECORDS TO THE DEPARTMENT WITHOUT MAKING IT POSSIBLE FOR ANYONE OUTSIDE OF THE DEPARTMENT TO IDENTIFY THE PERSON TO WHOM THE ADDRESS RECORD PERTAINS. (II) THE STREET ADDRESS OF THE CORRECTIONAL FACILITY IN WHICH SUCH PERSON WAS INCARCERATED ON THE DECENNIAL CENSUS DAY; (III) THE LAST KNOWN ADDRESS OF SUCH PERSON PRIOR TO INCARCERATION OR OTHER LEGAL RESIDENCE, IF KNOWN; (IV) THE PERSON’S RACE, WHETHER THE PERSON IS OF HISPANIC ORIGIN, AND WHETHER THE PERSON IS OVER EIGHTEEN YEARS OF AGE, IF KNOWN; AND (V) ANY ADDITIONAL INFORMATION NONPARTISAN STAFF MAY REQUEST PURSUANT TO LAW. (c) THE DEPARTMENT SHALL PROVIDE THE DATA SPECIFIED IN SUBSECTION (2)(b) OF THIS SECTION IN AN ELECTRONIC FORMAT AS SPECIFIED BY NONPARTISAN STAFF. (d) THE INFORMATION REQUIRED TO BE PROVIDED TO NONPARTISAN STAFF PURSUANT TO THIS SUBSECTION (2) MUST NOT INCLUDE THE NAME OF ANY INCARCERATED PERSON AND MUST NOT ALLOW FOR THE IDENTIFICATION OF ANY SUCH PERSON EXCEPT TO THE DEPARTMENT. NOTWITHSTANDING THE “COLORADO OPEN RECORDS ACT”, PART 2 OF ARTICLE 72 OF TITLE 24, OR ANY OTHER PROVISION OF LAW, THE INFORMATION IS CONFIDENTIAL AND NONPARTISAN STAFF OR ANY OTHER STATE AGENCY OR LOCAL GOVERNMENT ENTITY SHALL NOT DISCLOSE ANY INFORMATION FROM THE REPORT EXCEPT AS REDISTRICTING DATA AGGREGATED BY CENSUS BLOCK FOR PURPOSES SPECIFIED IN SUBSECTION (4) OF THIS SECTION. (3) NONPARTISAN STAFF SHALL REQUEST EACH AGENCY THAT OPERATES A FEDERAL FACILITY IN THIS STATE THAT INCARCERATES PERSONS CONVICTED OF A CRIMINAL OFFENSE TO PROVIDE IT WITH A REPORT INCLUDING THE INFORMATION LISTED IN SUBSECTION (2)(b) OF THIS SECTION. (4) PURSUANT TO SUBSECTION (5) OF THIS SECTION, NONPARTISAN STAFF SHALL PREPARE REDISTRICTING POPULATION DATA TO REFLECT INCARCERATED PERSONS AT THEIR RESIDENTIAL ADDRESSES IN THIS STATE RATHER THAN THEIR PLACE OF INCARCERATION. THIS DATA PREPARED BY NONPARTISAN STAFF IS THE NECESSARY CENSUS DATA PROVIDED TO AND TO BE USED BY THE INDEPENDENT LEGISLATIVE AND CONGRESSIONAL REDISTRICTING COMMISSIONS ESTABLISHED PURSUANT TO SECTIONS 44 AND 46 OF ARTICLE V OF THE STATE CONSTITUTION. THE DATA IS THE POPULATION BASIS OF CONGRESSIONAL DISTRICTS, STATE HOUSE OF REPRESENTATIVE DISTRICTS, AND STATE SENATE DISTRICTS. NONPARTISAN STAFF SHALL MAKE THIS CENSUS DATA AVAILABLE TO THE INDEPENDENT LEGISLATIVE AND CONGRESSIONAL REDISTRICTING COMMISSIONS AND TO MEMBERS OF THE PUBLIC AND ANY COUNTY OR LOCAL GOVERNMENTAL ENTITY OF COLORADO UPON REQUEST. (5) (a) FOR EACH PERSON INCLUDED IN A REPORT RECEIVED PURSUANT TO SUBSECTIONS (2)(b) AND (3) OF THIS SECTION, NONPARTISAN STAFF SHALL DETERMINE THE GEOGRAPHIC UNITS FOR WHICH POPULATION COUNTS ARE REPORTED IN THE FEDERAL DECENNIAL CENSUS THAT CONTAIN THE FACILITY OF INCARCERATION AND THE LEGAL RESIDENCE IN THIS STATE AS LISTED IN THE REPORT. (b) FOR EACH PERSON INCLUDED IN A REPORT RECEIVED PURSUANT TO SUBSECTIONS (2)(b) AND (3) OF THIS SECTION, IF THE LEGAL RESIDENCE IS KNOWN AND IN THIS STATE, NONPARTISAN STAFF SHALL: (I) ENSURE THAT THE PERSON IS NOT INCLUDED IN ANY POPULATION COUNTS REPORTED BY NONPARTISAN STAFF FOR THE GEOGRAPHIC UNITS THAT INCLUDE THE FACILITY AT WHICH THE PERSON WAS INCARCERATED, UNLESS THAT GEOGRAPHIC UNIT ALSO INCLUDES THE PERSON’S LEGAL RESIDENCE; AND (II) ENSURE THAT ANY POPULATION COUNTS REPORTED BY NONPARTISAN STAFF REFLECT THE PERSON’S RESIDENTIAL ADDRESS IN THIS STATE AS REPORTED PURSUANT TO SUBSECTIONS (2)(b) AND (3) OF THIS SECTION. (6) THE DATA PREPARED BY NONPARTISAN STAFF PURSUANT TO THIS SECTION MUST BE COMPLETED AND PUBLISHED NO LATER THAN THIRTY DAYS AFTER THE DATE THAT FEDERAL DECENNIAL PUB.L. 94-171 DATA FOR THE STATE IS DELIVERED TO THE STATE. (7) THE DATA PREPARED BY NONPARTISAN STAFF PURSUANT TO THIS SECTION SHALL NOT BE USED IN THE DISTRIBUTION OF ANY STATE OR FEDERAL AID.

Connecticut

Public Act No. 21-13, signed into law May 27, 2021

Section 1. (a) (1) Except as provided in subdivision (2) of this subsection, on or before the thirtieth day of June in 2021, and thereafter on or before the first day of May in each year in which the decennial census of the United States is taken and in which the United States Census Bureau counts any incarcerated individual as a resident of the town in which such incarcerated individual’s respective correctional facility is located, the Department of Correction shall deliver to the Secretary of the Office of Policy and Management in such form as the secretary shall prescribe: (A) A unique identifier for each incarcerated individual subject to the jurisdiction of the department on the date for which the decennial census reports population; (B) The street address of the correctional facility in which such individual was incarcerated at the time of such report; (C) The residential or other address of such individual prior to incarceration; (D) An indication of whether such individual has attained the age of eighteen years; (E) Such individual’s race and whether such individual is of Hispanic or Latino origin, if known; and (F) Any additional information the secretary may request pursuant to law. (2) In the case of each incarcerated individual who is serving a sentence of life imprisonment without the possibility of release, the Department of Correction shall not deliver to the Secretary of the Office of Policy and Management the information described in subparagraph (C) of subdivision (1) of this subsection. (3) Notwithstanding any provision of the general statutes, the information required to be provided under this subsection shall not include the name of any incarcerated individual or in any other way allow for the identification of any such individual from such information. Such information shall be confidential and not otherwise disclosed, except to the secretary for the purposes of subsection (c) of this section, or as aggregated by census block for the purposes of subsection (d) of this section. (b) (1) Except as provided in subdivision (2) of this subsection, on or before the thirtieth day of June in 2021, and thereafter on or before the first day of May in each year in which the decennial census of the United States is taken and in which the United States Census Bureau counts any incarcerated individual as a resident of the town in which such incarcerated individual’s respective correctional facility is located, the Secretary of the Office of Policy and Management shall request each agency that operates a federal correctional facility in this state to provide the secretary with a report including the information listed in subdivision (1) of subsection (a) of this section. (2) In the case of each incarcerated individual who is serving a sentence of life imprisonment without the possibility of release, the Secretary of the Office of Policy and Management shall not request of any agency that operates a federal correctional facility in this state that such agency provide the secretary with the information described in subparagraph (C) of subdivision (1) of subsection (a) of this section. (c) (1) Except as provided in subdivision (4) of this subsection, for each individual included in a report received under subsection (a) or (b) of this section, the Secretary of the Office of Policy and Management shall determine the geographic units for which population counts are reported in the decennial census of the United States, which units contain the address of the facility in which such individual was incarcerated, and such individual’s prior residential or other address as listed in such report. (2) Except as provided in subdivision (4) of this subsection, for each individual included in a report received under subsection (a) or (b) of this section, if such individual’s prior residential or other address is known and in this state, the secretary shall adjust such information to: (A) Ensure that all relevant population counts reported in the decennial census are as if such individual resided at such address on the date for which the census reports population; and (B) Ensure that such individual is not represented in any applicable population count reported in the decennial census for the geographic units that include the facility in which such individual was incarcerated on the date for which the census reports population, unless such individual’s prior residential or other address is located within the same such geographic units. (3) Except as provided in subdivision (4) of this subsection, for each individual included in a report received under subsection (a) or (b) of this section whose residential or other address is unknown or not in this state, and for each individual reported in the decennial census as residing in a federal correctional facility for whom a report was not provided, the secretary shall adjust such information to: (A) Ensure that such individual is not represented in any applicable population count reported in the decennial census for the geographic units that include the facility in which such individual was incarcerated on the date for which the census reports population; and (B) Ensure that such individual is counted as part of a state unit not tied to a specific geographical location, in the same manner that an individual with an unknown state of residency is counted, including, but not limited to, military and federal government personnel stationed abroad. (4) For each individual included in a report received under subsection (a) or (b) of this section who is serving a sentence of life imprisonment without the possibility of release, the secretary shall not adjust such information and shall ensure that such individual is represented in the applicable population count reported in the decennial census for the geographic units that include the facility in which such individual was incarcerated on the date for which the census reports population. (d) The Secretary of the Office of Policy and Management shall prepare and publish such information, both adjusted and unadjusted, pursuant to subsection (c) of this section on or before either the first day of July next following the year in which the decennial census of the United States is taken or the thirtieth day after the publication of the redistricting data for this state by the United States Census Bureau in such year, whichever is later, and such adjusted and unadjusted information shall be the basis for determining state assembly and senatorial districts, as well as municipal voting districts. No residence at an unknown geographical location within the state under subdivision (3) of subsection (c) of this section may be used to determine the average population of any set of districts. The secretary shall notify each municipality that the adjusted and unadjusted information shall be used for the purposes of determining municipal voting districts. (e) The Department of Correction shall (1) determine the residential or other address of each individual who is committed to the custody of the department as of or after January 1, 2020, and decennially thereafter, and who remains so committed on the date for which the census reports population, and (2) maintain an electronic record of such address. Such record shall contain, at a minimum, the last-known residential or other address of each such individual prior to incarceration.

Delaware

§ 804A. Determining district boundaries for incarcerated individuals; criteria.

(a) The General Assembly, in determining the reapportionment and redistricting for the State, applying the criteria set forth in § 804 of this title, and using the official reporting of the federal decennial census as set forth in § 805 of this title, shall not count as part of the population in a given district boundary any incarcerated individual who: (1) Was incarcerated in a state or federal correctional facility, as determined by the decennial census; and (2) Was not a resident of the State before the person’s incarceration. (b) The General Assembly, in determining the reapportionment and redistricting for the State as provided in this subchapter, shall count as part of the population in a given district boundary any individual incarcerated in a state or federal correctional facility, as determined by the decennial census, if the individual was a resident of the State prior to incarceration. Such individual shall be counted for reapportionment and redistricting purposes at the individual’s last known residence prior to incarceration. (c) This section shall not apply to the redistricting of the State following the 2010 federal decennial census. This section shall apply to the redistricting of the State following each federal decennial census thereafter.

Hawaii

Article IV, Section 4 of the Constitution

The commission shall allocate the total number of members of each house of the state legislature being reapportioned among the four basic island units, namely: (1) the island of Hawaii, (2) the islands of Maui, Lanai, Molokai and Kahoolawe, (3) the island of Oahu and all other islands not specifically enumerated, and (4) the islands of Kauai and Niihau, using the total number of permanent residents in each of the basic island units and computed by the method known as the method of equal proportions; except that no basic island unit shall receive less than one member in each house.

Louisiana

2020 Redistricting Data for Louisiana at the Voting Tabulation District (VTD) level with Block Equivalency File

This Shapefile is the U.S. Census Bureau’s 2020 TIGER/Line Shapefile VTD Layer, as validated through the data verification program of the House and Senate. The data verification program identified discrepancies in the original 2020 TIGER/Line Shapefile VTD Layer in the following Parishes: Avoyelles, Caddo, Plaquemines, West Baton Rouge and Vermilion. This validated Shapefile is the VTD Shapefile that will be utilized by the Louisiana Legislature.

Maryland

Election Law §8–701

(a) (1) The population count used after each decennial census for the purpose of creating the congressional districting plan used to elect the State’s Representatives in Congress: (i) may not include individuals who: 1. were incarcerated in State or federal correctional facilities, as determined by the decennial census; and 2. were not residents of the State before their incarceration; and (ii) shall count individuals incarcerated in the State or federal correctional facilities, as determined by the decennial census, at their last known residence before incarceration if the individuals were residents of the State. (2) Beginning with the 2020 decennial census: (i) on or before October 31 in the year of each decennial census, the Department of Public Safety and Correctional Services shall submit to the Maryland Department of Planning and the Department of Legislative Services the following identifiable information, in electronic form, for each individual incarcerated in a State correctional facility on April 1 in the year of the decennial census: 1. the name of the individual; 2. the address of the individual’s last known residence; 3. the individual’s race or ethnicity; and 4. any other information necessary to fulfill the purposes of this section; and (ii) on or before August 1 in the year of each decennial census, the Maryland Department of Planning and the Department of Legislative Services shall enter into a memorandum of understanding, the terms of which shall require the Department of Planning and the Department of Legislative Services to work collaboratively to: 1. summarize the results of the geocoded data created by the Department of Planning as required under COMAR 35.05.01; 2. using the geocoded data, identify the individuals incarcerated in a State correctional facility or federal correctional facility in the State that will be included in the adjusted census data under this section; 3. make any necessary changes to the Department of Planning’s geocoded database; 4. jointly review for accuracy any changes to the census data by any software vendor or other entity; and 5. jointly certify, on or before March 15 in the year following each decennial census, the adjusted census data to be used for redistricting under this section.

Montana

Inmate Reallocation DRAFT RFP — 12/10/21 meeting revisions

The commission seeks to adjust the Public Law 94-171 redistricting data (P. L. 94-171 data) to reallocate incarcerated individuals from the prison facilities in which they were held to their last known residence when possible. The adjusted data will be used when the commission draws state legislative districts in 2022 and at the start of 2023. The commission recognizes that Montana is limited in our ability to complete comprehensive inmate data reallocation, due to missing residential addresses for many incarcerated individuals. The Montana Department of Corrections currently does not collect last known residence information from inmates on intake into a prison facility. As a result, the residential address information in its offender management system is derived from any address information collected from individuals who have previously been under probation or parole supervision in the community and might be old or incomplete for the purposes of reallocation. The state also does not have residential address information for federal prisoners who were housed in facilities in Montana on Census Day.

The commission seeks an experienced technical contractor to complete the inmate data reallocation process by adjusting P. L. 94-171 data for Montana’s roughly 2,829 state inmates incarcerated in seven facilities on April 1, 2020, as well as the federal inmates. Roughly 1,132 inmates have residential addresses and the remaining do not have a last known address on file or have a previous prison facility listed as the last known address. Inmates without residential addresses and those with addresses that cannot be geocoded and reallocated to their smallest geographic unit will be excluded from the Census numbers that the commission will use to draw state legislative lines.

Nevada

NRS 360.288 Revision of population counts to count inmate in block, block group and census tract in which inmate resided before incarceration.

1.  Upon the completion of the national decennial census conducted by the Bureau of the Census of the United States Department of Commerce, the State Demographer shall revise the population counts for every block, block group and census tract as set forth in the census to count every inmate who was a resident of the State before incarceration in the block, block group and census tract of which an inmate was a resident before his or her incarceration. 2.  The Department of Corrections shall, upon request, provide to the State Demographer all available information requested by the State Demographer in carrying out the provisions of subsection 1.

New Jersey

Update: The New Jersey legislature has voted to reallocate for congressional redistricting, in addtion to reallocating for legislative.

A698 AcsAa (ACS/1R) Requires incarcerated individual from State to be counted at residential address for municipal, county, and congressional redistricting purposes and for apportionment of regional school district board of education members.

Bills and Joint Resolutions Signed by the Governor

Updated August 20, 2021

52:4-1.2 Information concerning incarcerated individuals to be delivered to the Secretary of State.

2. a. In each year in which the federal decennial census is taken and in which the United States Bureau of the Census enumerates incarcerated persons as residents of correctional facilities, the Department of Corrections shall, by May 1st of that year, deliver to the Secretary of State:
(1) a unique identifier, not including the name, for each incarcerated individual subject to the jurisdiction of the department on the date the bureau completes the federal decennial census for the State;
(2) the street address of the correctional facility in which the individual was incarcerated at the time of the report;
(3) the residential address of the individual prior to incarceration or alternative residential address, if known;
(4) the individual’s race, whether the individual is of Hispanic or Latino origin, and whether the individual is over the age of 18, if known; and
(5) any additional information the secretary may deem necessary.
b. The department shall provide the information specified in subsection a. of this section in such form as the secretary shall specify.
c. Notwithstanding any other provision of law, the information required to be provided under this section shall not include the name of any incarcerated individual and shall not allow for the identification of any such individual therefrom. The identity of each such individual shall be treated as confidential and shall not otherwise be disclosed except as aggregated by census block for purposes specified in section 5 of P.L.2019, c.385 (C.52:4-1.5).

New York

Article V-A, Section 83-M: Legislative task force on demographic research and reapportionment

1. The legislature hereby finds and declares that: (a) there is a need for intensive and thorough legislative study, research and inquiry into the techniques and methodology to be used by the bureau of the census of the United States commerce department in carrying out the decennial federal census; (b) a technical plan will be needed to meet the requirements of a legislative timetable for a reapportionment of the senate and assembly districts and the congressional districts of the state based on such census; and (c) the task force herein continued is necessary to assist the legislature in the performance of its responsibilities and in the conduct of legislative research projects relating thereto.
2. The legislative task force on demographic research and reapportionment is hereby continued
…
13. (a) The task force shall specify the form in which the department of corrections and community supervision shall provide such information required to be reported to the task force pursuant to subdivision eight of section seventy-one of the correction law.
(b) Upon receipt of such information for each incarcerated person subject to the jurisdiction of the department of corrections and community supervision, the task force shall determine the census block corresponding to the street address of each such person’s residential address prior to incarceration (if any), and the census block corresponding to the street address of the correctional facility in which such person was held subject to the jurisdiction of such department. Until such time as the United States bureau of the census shall implement a policy of reporting each such incarcerated person at such person’s residential address prior to incarceration, the task force shall use such data to develop a database in which all incarcerated persons shall be, where possible, allocated for redistricting purposes, such that each geographic unit reflects incarcerated populations at their respective residential addresses prior to incarceration rather than at the addresses of such correctional facilities. For all incarcerated persons whose residential address prior to incarceration was outside of the state, or for whom the task force cannot identify their prior residential address, and for all persons confined in a federal correctional facility on census day, the task force shall consider those persons to have been counted at an address unknown and persons at such unknown address shall not be included in such data set created pursuant to this paragraph. The task force shall develop and maintain such amended population data set and shall make such amended data set available to local governments, as defined in subdivision eight of section two of the municipal home rule law, and for the drawing of assembly and senate districts. The assembly and senate districts shall be drawn using such amended population data set.
(c) Notwithstanding any other provision of law, the information required to be provided pursuant to subdivision eight of section seventy-one of the correction law shall be treated as confidential and shall not be disclosed by the task force except as aggregated by census block for purpose specified in this subdivision.

Pennsylvania

Update: the Pennsylvania Legislative Commission voted to reallocate for legislative redistricting

Legislative Reapportionment Commission Approves Resolution Regarding Prisoner Data Reallocation

At its August 24 meeting, the Legislative Reapportionment Commission approved a resolution that would reallocate the census data for most prisoners held in state correctional institutions from the district in which the institution is located to the district that was their last known home address prior to incarceration.

The commission voted to amend the previous resolution reallocating incarcerated individuals. The majority of incarcerated individuals will still be reallocated.

Legislative Reapportionment Commission Approves Resolution 5A

At its September 21 meeting, the Legislative Reapportionment Commission approved Resolution 5A, which would exempt prisoners in state correctional institutions who are serving minimum sentences that will expire after April 1, 2030 from data reallocation under the provisions of Resolution 4A, which was adopted by the Commission at its August 24 meeting. A resolution similar to Resolution 5A had been proposed by Senate Majority Leader Kim Ward at that earlier meeting but had been tabled so that Commissioners would have more time to consider its implications.

Updated September 21, 2021

Rhode Island

ACI/Prisoner Allocation Update

The Rhode Island Redistricting Project’s decision on prisoner allocation is available as a recording

Updated January 5, 2022

The state’s panel in charge of drawing election districts has voted to modify how prison inmates in Rhode Island are counted and represented in government.

The Reapportionment Commission decided Wednesday in a vote of 15-1 that inmates sentenced for fewer than two years, or who have not yet been sentenced, will be counted as living at their home address and not at the prison in Cranston, The Providence Journal reported.

In a move billed as a compromise between critics of so-called “prison gerrymandering” and skeptics of efforts to remedy it, the state Reapportionment Commission on Wednesday ordered up new maps that consider prisoners who will have been at the ACI for less than two years residents of their old hometowns.

Redistricting 2022 Plans to Send to Legislature

www.riredistricting.org Link there to go to My Districting system for each plan
Includes racial information

Virginia

§ 24.2-304.04. Standards and criteria for congressional and state legislative districts.

…
9. The whole number of persons reported in the most recent federal decennial census by the United States Bureau of the Census shall be the basis for determining district populations, except that no person shall be deemed to have gained or lost a residence by reason of conviction and incarceration in a federal, state, or local correctional facility. Persons incarcerated in a federal, state, or local correctional facility shall be counted in the locality of their address at the time of incarceration, and the Division of Legislative Services shall adjust the census data pursuant to § 24.2-314 for this purpose.

Washington

Revised Code of Washington (RCW) 44.05.140 Residence of certain individuals—Last known place of residence.

(1) After April 1st of each year ending in zero, and by July 1st of each year ending in zero, the department of corrections shall furnish to the redistricting commission the following information regarding the last known place of residence of each inmate incarcerated in a state adult correctional facility:
(a) A unique identifier, other than the inmate’s department of corrections number; and (b) Last known place of residence information sufficiently specific to determine the congressional and state legislative districts in which the inmate’s last known place of residence is located.
(2) After April 1st of each year ending in zero, and by July 1st of each year ending in zero, the department of social and health services shall furnish to the redistricting commission the following information regarding the last known place of residence of each person committed to receive involuntary behavioral health treatment under chapter 71.05 RCW:
(a) A unique identifier, other than the person’s patient identification number; and (b) Last known place of residence information sufficiently specific to determine the congressional and state legislative districts in which the resident’s last known place of residence is located.
(3) After April 1st of each year ending in zero, and by July 1st of each year ending in zero, the department of children, youth, and families shall furnish to the redistricting commission the following information regarding the last known place of residence of each person residing or placed in a juvenile justice facility:
(a) A unique identifier, other than the person’s patient identification number; and (b) Last known place of residence information sufficiently specific to determine the congressional and state legislative districts in which the resident’s last known place of residence is located.
(4) The redistricting commission shall:
(a) Deem each inmate incarcerated in a state adult correctional facility and person residing or placed in a juvenile justice facility or committed to receive involuntary behavioral health treatment under chapter 71.05 RCW as residing at his or her last known place of residence, rather than at the institution of his or her incarceration, residence, or placement; (b) Regardless of the form in which the information is furnished, refrain from publishing any information regarding a specific inmate’s or resident’s last known place of residence; (c) Deem an inmate or resident in state custody in Washington whose last known place of residence is outside of Washington or whose last known place of residence cannot be determined to reside at the location of the facility in which the inmate or resident is incarcerated, placed, or committed; and
(d) Adjust race and ethnicity data in districts, wards, and precincts in a manner that reflects the inclusion of inmates and residents in the population count of the district, ward, or precinct of their last known place of residence.
(5) For purposes of this section:
(a) “Inmate incarcerated in a state adult correctional facility” includes an inmate who has been transferred to a facility outside of Washington to complete his or her term of incarceration. (b) “Last known place of residence” means the address at which the inmate or resident was last domiciled prior to his or her placement or current term of incarceration, as reported by the inmate or resident.
(c) “Person residing or placed in a juvenile justice facility” and “person committed to receive involuntary behavioral health treatment under chapter 71.05 RCW” include a person who has been transferred to a facility outside of Washington.
(d) “Resident” means persons residing or placed in a juvenile justice facility or committed to receive involuntary behavioral health treatment under chapter 71.05 RCW.