SB 5287 — Ensuring accurate redistricting.

S-2396.2SECONDS-0037.2SENATE SUBSTITUTE SENATE BILL 5287State of Washington66th Legislature2019 Regular SessionBySenateSessionBySenators WaysDarneille &and MeansHuntRead (originallyfirst sponsoredtime by01/17/19.Referred Senatorsto DarneilleCommittee andon Hunt)READState FIRSTGovernment, TIMETribal 03/01/19.ANRelations & Elections.AN ACT Relating to ensuring accurate redistricting by counting individualsincarcerated inindividuals state custody as residents of their last known place of residence;

and adding a new section to chapter 44.05 RCW;RCW.BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:NEW SECTION.  Sec.

providing an effective date;

and declaring an emergency.BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:NEW SECTION.  Sec.

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 eighteen years of age or older committedresiding toor receiveplaced involuntaryin behaviorala healthjuvenile treatmentjustice underfacility chapteror 71.05involuntary RCW:(a)commitment 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'sinmate's last known place of residence is located.(3) AfterThe Aprildepartment 1st of eachcorrections yearshall endingnot infurnish zero,information andfor byinmates Julywhose 1stlast known place of eachresidence yearis endingoutside inof zero,Washington theor departmentwhose last known place of children,residence youth,cannot be determined.(4) The department of social and familieshealth services shall not furnish toinformation thefor redistrictingpersons commissionresiding theor followingplaced informationin regardinga thejuvenile justice facility or involuntary commitment facility whose last known place of residence is outside of Washington or whose last known place of residence cannot be determined.(5) The redistricting commission shall:(a) Deem each incarcerated person eighteenas yearsresiding ofat agehis or olderher residinglast known place of residence, rather than at the institution of his or placedher incarceration;(b) Regardless of the form in which the information is furnished, refrain from publishing any information regarding a juvenilespecific justiceinmate's facility:(a)last Aknown uniqueplace identifier,of otherresidence;(c) thanDeem an inmate 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 an unknown geographical location in the person'sstate patientand identificationexclude number;the inmate from the population count for any district, ward, or precinct;

and(b)and(d) LastAdjust knownrace place of residence information sufficiently specific to determine the congressional and stateethnicity legislativedata districts in whichdistricts, thewards, resident'sand lastprecincts knownthat placecontain ofprisons residencein isa located.(4)manner Thethat departmentreflects ofreductions correctionsin shallthe notlocal furnishpopulation informationas for inmates whoseare lastincluded knownin placethe ofpopulation residencecount isof outsidethe ofdistrict, Washingtonward, or whoseprecinct of their last known place of residenceresidence.(6) cannotFor bepurposes determined.(5) The department of socialthis andsection:(a) health"Inmate servicesincarcerated shallin nota furnishstate informationadult forcorrectional personsfacility" committedincludes toan receiveinmate involuntarywho behavioralhas healthbeen treatmenttransferred underto chaptera 71.05facility RCWoutside whoseof lastWashington knownto placecomplete ofhis residenceor isher outsideterm of Washingtonincarceration.(b) or"Last whose last known place of residenceresidence" cannotmeans bethe determined.(6)address Theat departmentwhich ofthe children,inmate youth,was andlast familiesdomiciled shallprior notto furnishhis information for persons residing or placedher incurrent aterm juvenile justice facility whose last known place of residenceincarceration, isas outsidedetermined offrom Washingtonthe orcourt whoserecords last known place of residencethe cannotcounty bein determined.(7)which Thethe redistrictinginmate commissionwas shall:(a)sentenced Deemto eachhis inmateor incarceratedher incurrent aterm stateof adultincarceration.(c) correctional"Person facility and person eighteen years of age or older residing or placed in a juvenile justice facility or committed to receive involuntary behavioralcommitment healthfacility" treatmentincludes undera chapterperson 71.05who RCWhas asbeen residingtransferred atto 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 specificfacility 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 WashingtonWashington.--- orEND whose--- last known place of residence cannot be determined to reside at an unknown geographical location in the state and exclude the inmate or resident from the population count for any district, ward, or precinct;

and(d) Adjust race and ethnicity data in districts, wards, and precincts that contain prisons, juvenile justice facilities, or involuntary commitment facilities in a manner that reflects reductions in the local population as inmates and residents are included in the population count of the district, ward, or precinct of their last known place of residence.(8) 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 was last domiciled prior to his or her current term of incarceration, as reported by the inmate or resident.(c) "Person eighteen years of age or older residing or placed in a juvenile justice facility" and "person eighteen years of age or older 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" includes persons residing or placed in a juvenile justice facility or committed to receive involuntary behavioral health treatment under chapter 71.05 RCW.NEW SECTION.  Sec.

2.

This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2019.--- END ---