AB 477 — Revises provisions relating to the counting of incarcerated persons for purposes of the apportionment of the population for certain election districts. (BDR 16-1134)

A.B.Assembly Bill No.

477477–Committee Aon SSEMBLYLegislative BOperations ILLNand O.Elections CHAPTER..........

477–C OMMITTEE ON L EGISLATIVE O PERATIONS AND ELECTIONS M ARCH 19, 2025 ____________ Referred to Committee on Legislative Operations and Elections SUMMARY—Revises provisions relating to the counting of incarcerated persons for purposes of the apportionment of the population for certain election districts.

(BDR 16-1134) FISCAL NOTE:

Effect on Local Government:

May have Fiscal Impact.

Effect on the State:

Yes.

~ EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

Existing law requires the Director of the Department of Corrections to compile wasthe sentencedlast toknown imprisonmentresidential inaddress aof facilityeach oroffender institutionimmediately ofbefore the Department.offender 209.131) Existing law also requires:

(NRSr(1) 209.131)the ExistingState lawDemographer, alsoemployed requires:by theNRS Department of Taxation, to, upon the completion of the decennial census, revise the population counts for every block, block group and census tract to count certain inmates in the block, block group and census tract of the inmate’s last known residential address before incarceration;

(1)and the(2) State Demographer, employed by the Department of Taxation,Corrections to, upon therequest, completionprovide ofall theavailable decennialinformation census, revise the population counts for every block, block group and census tract to count certain inmates in the block,State blockDemographer. group and census tract of the inmate’s last known residential address before incarceration;

and(NRS (2) the Department of Corrections to, 360.288) Existing law further requires that the population counts as revised by the State Demographer be used in the apportionment of legislative districts, congressional districts and districts of the Board of Regents.

(NRS 218B.105, 304.065,304.Section 396.0414) Section 1 of this bill requires the Director of the Department of Corrections to collect and maintain an electronic record for each offender in a facility or institution offenderof immediately before the offenderDepartment wasthat sentencedincludes: to imprisonment;

(2)the(1) -the *AB477*last –known 2residential –address whetherof the offender isimmediately 18before yearsthe ofoffender agewas orsentenced older;to imprisonment;

(2) whether the offender is 18 years of age or older;

Section 3 of this bill requires the Director of the Department, before January 1, 2026, to collect and maintain for each offender in a facility or institution of the Department who will be released after July 1, 2030, the last known inresidential theaddress facilityof orthe institution.nderoffender immediately before the offender was imprisoned Sectionin tSection 2 of this bill requires the Department of Corrections to provide certain information to the State Demographer for every inmate in a facility or institution of the Department, including the information the Director is required to collect and maintain in the electronic record in section 1.

Section 2 further requires the State Demographer to revise the population counts for every block, block group and census tract to count inmates in the block, block group or census tract in which the inmate was a resident before incarceration not later than 30 days after certain redistricting data is provided to the State.

Lastly, section 2 requires that, for certain inmates whose last known residential address is unknown or whose last known residential address was not in this State, the State Demographer must:

(1) not count the inmate in the block, block group and censuscensuse tract of the facility or institution in which the inmate is incarcerated;

and (2) count the inmate as a resident of a state unit not tied to a specific block, block group, census tract or other geographical unit.

not- tied83rd toSession a(2025) specific– block,2 block– group,EXPLANATION THE– PEOPLEMatter OFin THEbolded STATEitalics OFis NEVADA,new; REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

matter between brackets [omitted material] is material to be omitted.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

(a)transportation Theof supervision,an custody,offender;y, security, discipline, safety and transportation(b) The security and safety of anthe offender;staff;

(b) The security and safety of the staff;

- *AB477* – 3 – 8.

11.for each offender in a facility or institution of the Department, which must include, without limitation:

[Compile- the]83rd CollectSession and(2025) maintain– an3 electronic– record(a) forThe last known residential address of each offender immediately before the offender was sentenced to imprisonment in a facility or institution of the Department,Department which[.] must; include, without limitation:

(a) The last known residential address of each offender immediately before the offender was sentenced to imprisonment in a facility or institution of the Department [.] ;

and (c) The race or ethnicity of the offender, which must include a separate category for persons of Hispanic or Latino descent.descent.lude a Sec.

Sec.

Not later than 30 days after provision of the [national decennial census conducted] redistricting data by the Bureau of the Census of the United States Department of Commerce [,] to the State pursuant to Public Law 94-171, the State Demographer shall , except as otherwise provided in subsection 3, 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 - *AB477* – 4 – before incarceration in the block, block group and census tract of which an inmate was a resident before his or her incarceration [.

- 83rd Session (2025) – 4 – 3.] :

(a) “Block” means the smallest geographical unit whose boundaries were designated by the Bureau of the Census of the United States Department of Commerce in its topographically integratedint(b) geographic“Block encodinggroup” andmeans referencinga system.combination of blocks whose numbers begin with the same digit.

(b) “Block group” means a combination of blocks whose numbers begin with the same digit.

- *AB477* – 5 – 3.

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