Connecticut 2021 Regular Session Status: Enacted 28 D cosponsors

SB 753 — AN ACT CONCERNING THE COUNTING OF CERTAIN INCARCERATED INDIVIDUALS FOR PURPOSES OF DETERMINING STATE LEGISLATIVE AND MUNICIPAL VOTING DISTRICTS.

Last action — SIGNED BY GOVERNOR

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 29, 2021. Enacted.

Prognosis

Likely to advance 62% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 41 sponsors

    41 primary, 0 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (28 D).

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Bill Text

What changed in the latest version

128 added · 229 removed

128 line(s) added, 229 removed.

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Previous
Latest
Senate General Assembly File No.
Substitute Senate Bill No.
448 January Session, 2021 Substitute Senate Bill No.
753 Public Act No.
753 Senate, April 14, 2021 The Committee on Government Administration and Elections reported through SEN.
21-13 AN ACT CONCERNING THE COUNTING OF CERTAIN INCARCERATED INDIVIDUALS FOR PURPOSES OF DETERMINING STATE LEGISLATIVE AND MUNICIPAL VOTING DISTRICTS.
FLEXER of the 29th Dist., Chairperson of the Committee on the part of the Senate, that the substitute bill ought to pass.
AN ACT CONCERNING THE COUNTING OF INCARCERATED PERSONS FOR PURPOSES OF DETERMINING LEGISLATIVE DISTRICTS.
(NEW) (Effective from passage) (a) (1) On or before the first day of May next following the 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:
(NEW) (Effective from passage) (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 ofthetowninwhichsuchincarceratedindividual'srespective 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:
sSB753 / File No.
(C) The residential or other address of such individual prior to incarceration;
448 1 sSB753 File No.
Substitute Senate Bill No.
448 (C) The residential or other address of such individual prior to incarceration;
753 (D) An indication of whether such individual has attained the age of eighteen years;
(D) An indication of whether such individual has attained the age of eighteen years;
(2) 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.
(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.
(b) On or before the first day of May next following the 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.
(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 ofMay ineach year inwhich thedecennialcensus oftheUnited Statesistakenandin whichthe UnitedStatesCensus 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 agencythatoperatesafederalcorrectionalfacilityinthisstatetoprovide the secretary with a report including the information listed in subdivision (1) of subsection (a) of this section.
(c) (1) 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 sSB753 / File No.
Public Act No.
448 2 sSB753 File No.
21-13 2 of 5 Substitute Senate Bill No.
448 other address as listed in such report.
753 (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.
(2)Foreachindividualincludedinareportreceivedundersubsection (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:
(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:
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.
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)Foreachindividualincludedinareportreceivedundersubsection (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:
(3) Except as provided in subdivision (4) of this subsection, for each individual included in a report received under subsection (a) or (b) of Public Act No.
21-13 3 of 5 Substitute Senate Bill No.
753 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:
(d) The Secretary of the Office of Policy and Management shall prepare and publish such information adjusted 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 sSB753 / File No.
(4)Foreachindividualincludedinareportreceivedunder 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.
448 3 sSB753 File No.
(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.
448 state by the United States Census Bureau in such year, whichever is later, and such adjusted 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 Public Act No.
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 populationof any set of districts.
21-13 4 of 5 Substitute Senate Bill No.
The secretary shall notify each municipality that the adjusted information shall be used for the purposes of determining municipal voting districts.
753 (3) of subsection (c) of this section may be used to determine the average population of any set of districts.
(e) The Department of Correction shall determine the residential or other address of each individual committed to the custody of the department on or after January 1, 2020, and maintain an electronic record of such address.
The secretary shall notify each municipalitythattheadjustedandunadjustedinformationshallbe used for the purposes of determining municipal voting districts.
Such record shall contain, at a minimum, the last-known residential or other address of each individual prior to incarceration.
(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.
This act shall take effect as follows and shall amend the following sections:
Such record shall contain, at a minimum, the last-known residential or other address of each such individual prior to incarceration.
from passage Section 1 New section Statement of Legislative Commissioners:
Approved May 26, 2021 Public Act No.
In the last sentence of Subsec.
21-13 5 of 5
(d), "such information" was changed to "the adjusted information" for clarity.
GAE Joint Favorable Subst.
sSB753 / File No.
448 4 sSB753 File No.
448 The following Fiscal Impact Statement and Bill Analysis are prepared for the benefit of the members of the General Assembly, solely for purposes of information, summarization and explanation and do not represent the intent of the General Assembly or either chamber thereof for any purpose.
In general, fiscal impacts are based upon a variety of informational sources, including the analyst’s professional knowledge.
Whenever applicable, agency data is consulted as part of the analysis, however final products do not necessarily reflect an assessment from any specific department.
OFA Fiscal Note State Impact:
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None Municipal Impact:
None Explanation The bill creates a process for the Office of Policy and Management (OPM) to adjust U.S.
Census population data and count inmates at their addresses before incarceration, instead of at their prison address.
This has no fiscal impact to OPM, as it is anticipated that the agency can meet the requirement with existing resources.
As the bill does not require the adjusted data to be used for determining any grant funding, the bill has no fiscal impact to municipalities.
The Out Years State Impact:
None Municipal Impact:
None sSB753 / File No.
448 5 sSB753 File No.
448 OLR Bill Analysis sSB 753 AN ACT CONCERNING THE COUNTING OF INCARCERATED PERSONS FOR PURPOSES OF DETERMINING LEGISLATIVE DISTRICTS.
SUMMARY This bill creates a process to adjust U.S.
Census population data and count inmates at their addresses before incarceration, instead of at their prison address.
The adjusted data must be the basis for determining state legislative districts and municipal voting districts.
The bill’s process requires the:
1.
Department of Correction (DOC) to provide the Office of Policy andManagement (OPM)secretarywithalistofinmatesandtheir residential or other addresses prior to incarceration;
2.
OPM secretary to ask federal agencies for a similar list for federal prisons in Connecticut;
3.
OPM to adjust the census population counts so inmates are represented as residing at their prior residential address, not at their prison address;
and 4.
secretary to prepare and publish the adjusted data and notify municipalities that they must use it for determining municipal voting districts.
The bill prohibits using residences at unknown geographic locations within the state to determine the average population for any set of districts.
EFFECTIVE DATE:
Upon passage sSB753 / File No.
448 6 sSB753 File No.
448 DOC REPORT TO OPM The bill requires DOC to determine the residential street or other address of everyone committed to DOC custody on or after January 1, 2020.
DOC must maintain an electronic record of the addresses that at least contains each inmate’s last-known residential or other address before incarceration.
The bill requires DOC, by May 1 in the year following the year when the U.S.
decennial census is taken and the U.S.
Census Bureau counts inmates as residents of the town where they are incarcerated, to provide the OPM secretary, in a form the secretary prescribes, with the following:
1.
a unique identifier for each inmate under DOC’s jurisdiction on the date when the decennial census reports population;
2.
the street address of the prison where the person is incarcerated at the time of the report;
3.
the residential or other address of the person before incarceration;
4.
information about whether the person is age 18 or older;
5.
the person’s race and whether he or she is of Hispanic or Latino origin, if known;
and 6.
other information the secretary may legally request.
The bill prohibits including the inmate’s name or anything else that might identify the inmate.
It makes the information confidential and prohibits its disclosure, except to OPM or as aggregated by census block for the bill’s purposes.
OPM REQUEST TO FEDERAL PRISON AUTHORITIES The bill requires the OPM secretary, by May 1 in the year following the year when the U.S.
census is taken and the U.S.
Census Bureau counts inmates as residents of the towns in which they are incarcerated, sSB753 / File No.
448 7 sSB753 File No.
448 to ask each agency operating a federal correctional facility in Connecticut for a report that includes the same information as the DOC report (see above).
OPM REASSIGNMENT OF INMATE ADDRESSES For each person included in a DOC or federal agency report, the bill requires the OPM secretary to determine the geographic units (census blocks) in the census that contain the person’s (1) correctional facility and (2) prior residential or other address.
When the inmate’s prior address is known and in Connecticut, OPM must adjust the population counts of geographic units reported in the census to represent the inmate as residing at that address when the census reports population, and not at the prison address.
For inmates with unknown or out-of-state addresses or residing in federal prisons for which a report was not provided, the bill requires OPM to ensurethat these inmatesare not countedinthegeographicunit of the inmate’s prison.
Instead, they must be counted as part of a state unit not tied to a specific geographical determination in the way that someone with an unknown state of residency is counted (such as military and federal government personnel stationed abroad).
OPM PUBLICATION OF ADJUSTED DATA The bill requires the OPM secretary to prepare and publish the adjusted data by the later of (1) July 1 in the year following the year when the U.S.
census is taken or (2) 30 days after the U.S.
Census Bureau’s publication of Connecticut state redistricting data.
Under federal law, the census must publish this data for each state within one year of Census Day.
(During the last cycle, Connecticut received this data on March 9, 2011.
This cycle, because of COVID-19-related delays, the state will likely receive the data in August and September of 2021.) COMMITTEE ACTION Government Administration and Elections Committee Joint Favorable Substitute Yea 13 Nay 5 (03/29/2021) sSB753 / File No.
448 8
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Action History

  1. SIGNED BY GOVERNOR

  2. TRANSMITTED BY SECRETARY OF THE STATE TO GOVERNOR

  3. TRANSMITTED TO SECRETARY OF THE STATE

  4. PUBLIC ACT 21-13

  5. IN CONCURRENCE

  6. HOUSE PASSED, SEN. AMEND. SCH. A

  7. HOUSE REJECTED HOUSE AMEND. SCH. C

  8. HOUSE REJECTED HOUSE AMEND. SCH. B

  9. HOUSE REJECTED HOUSE AMEND. SCH. A

  10. HOUSE ADOPTED SEN. AMEND. SCH. A

  11. HOUSE CALENDAR NUMBER 456

  12. FAV. RPT., TABLED FOR HOUSE CALENDAR

  13. SEN. PASSED, SEN. AMEND. SCH. A

  14. SEN. RULED NOT GERMANE SEN. AMEND. SCH. B

  15. SEN. ADOPTED SEN. AMEND. SCH. A

  16. FILE NO. 448

  17. SENATE CALENDAR NUMBER 274

  18. FAV. RPT., TAB. FOR CAL., SEN.

  19. RPTD. OUT OF LCO

  20. REFERRED TO Office of Legislative Research AND Office of Fiscal Analysis 04/13/21

  21. FILED WITH LCO

  22. Joint Favorable Substitute

  23. PUBLIC HEARING 0310

  24. REF. TO JOINT COMM. ON Government Administration and Elections

  25. DRAFTED BY COMMITTEE

  26. Vote to Draft

  27. REF. TO JOINT COMM. ON Government Administration and Elections

Sponsors

Sponsorship breakdown

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41 sponsors · 0 co-sponsors · 146 not signed on

Sponsors (41)

Co-sponsors (0)

None.

Not signed on (146)

146 members have not signed on to this bill.

Show all 146 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

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Frequently asked questions

Who sponsors SB 753?
SB 753 is sponsored by Sanchez, J., Smith, Brian T., Winkler, Michael A., Steven J. Stafstrom (Democratic), Rick Lopes (Democratic), Antonio Felipe (Democratic), Brandon Chafee (Democratic), Joshua M. Hall (Democratic), Porter, Robyn A., Matthew Ritter (Democratic), Douglas McCrory (Democratic), D'agostino, Michael, Jason Rojas (Democratic), Anthony L. Nolan (Democratic), Julie Kushner (Democratic), Geraldo C. Reyes (Democratic), Derek Slap (Democratic), Phipps, Quentin W., Patricia Billie Miller (Democratic), Christopher Rosario (Democratic), Kate Farrar (Democratic), Palm, Christine, Bobby G. Gibson (Democratic), Anne M. Hughes (Democratic), Roland J. Lemar (Democratic), Hilda E. Santiago (Democratic), Vargas, Edwin, Hennessy, John "jack" F., Michel, David, Matt Blumenthal (Democratic), Minnie Gonzalez (Democratic), Susan M. Johnson (Democratic), Martin M. Looney (Democratic), Borer, Dorinda, Travis Simms (Democratic), Haskell, Will, Josh Elliott (Democratic), Jillian Gilchrest (Democratic), Patricia A. Dillon (Democratic), Marilyn Moore, and Gary A. Winfield (Democratic).
What is the current status of SB 753?
This bill has been enacted into law. Introduced January 29, 2021. Enacted.
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