BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                      



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          |SENATE RULES COMMITTEE            |                   AB 420|
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                                 THIRD READING


          Bill No:  AB 420
          Author:   Davis (D), et al.
          Amended:  8/22/11 in Senate
          Vote:     21

           
           SENATE ELECTIONS & CONST. AMEND. COMMITTEE  :  3-2, 6/21/11
          AYES:  Correa, De León, Lieu
          NOES:  La Malfa, Gaines
           
          SENATE APPROPRIATIONS COMMITTEE  :  6-3, 7/11/11
          AYES:  Kehoe, Alquist, Lieu, Pavley, Price, Steinberg
          NOES:  Walters, Emmerson, Runner
           
          ASSEMBLY FLOOR  :  45-32, 6/1/11 - See last page for vote


           SUBJECT  :    Redistricting

           SOURCE  :     Author


           DIGEST  :    This bill requires the Department of Corrections 
          and Rehabilitation (CDCR) to furnish to the Citizens 
          Redistricting Commission (CRC) , not sooner than April 1, 
          2020, and not later than July 1, 2020, specified 
          information regarding the "last known place of residence," 
          as defined, of each inmate incarcerated in a state adult 
          correctional facility, except an inmate whose "last known 
          place of residence is outside of California.  This bill 
          also requests the CRC to deem each incarcerated person as 
          residing at his/her last known place of residence, rather 
          than at the institution of his/her incarceration, and to 
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          utilize the above information in carrying out its 
          redistricting responsibilities.

           Senate Floor Amendments  of 8/22/11 clarify when the CDCR 
          must furnish specified information to the CRC.

           ANALYSIS  :    Existing law provides that a person does not 
          gain or lose a domicile, for the purposes of the state's 
          voter registration laws, solely by reason of his/her 
          presence or absence from a place while kept in a prison.

          Specifically, this bill: 

          1. Requires the California Department of Corrections and 
             Rehabilitation (CDCR), not sooner than April 1, 2020, 
             and not later than July 1, 2020, to furnish to the CRC 
             information regarding the last known place of residence 
             of each inmate incarcerated in a state adult 
             correctional facility, except an inmate whose last known 
             place of residence is outside California. 

          2. Requires the information furnished by the CDCR to 
             include the following for each inmate:  

             A.    A unique identifier, other than the inmate's name 
                or CDCR number.

             B.    If the Statewide Offender Management System is 
                fully operational on or before April 1, 2020, last 
                known address information that is sufficiently 
                specific to determine the congressional, State 
                Senatorial, State Assembly, or State Board of 
                Equalization (BOE) district in which the inmate's 
                last known place of residence is located.  This 
                information may include, but not be limited to, ZIP 
                Code information or street address information from 
                which a ZIP Code can be derived.

             C.    If the Statewide Offender Management System is not 
                fully operational on or before April 1, 2020, last 
                known address information that is as specific as 
                feasible under the CDCR's database system.

          3. Requires in 2030 and in each year ending in the number 

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             zero thereafter, the CDCR to furnish the information 
             specified in paragraphs #1 and #2 above to the CRC not 
             sooner than the decennial Census Day and not later than 
             90 days thereafter.

          4. Requests the CRC to deem each incarcerated person as 
             residing at his/her last known place of residence, 
             rather than at the institution of his/her incarceration, 
             and to use the information furnished pursuant to this 
             bill in carrying out its redistricting responsibilities. 


          5. Defines "last known place of residence," for the 
             purposes of this bill, as the address at which an inmate 
             was last domiciled prior to his/her current term of 
             incarceration, as determined from court records of the 
             county in which the inmate was sentenced.

          According to the author, "California law (Elections Code 
          Section 2025) states that incarcerated individuals remain 
          legal residents in their home communities, and are not 
          legal residents of the places where they are confined.  But 
          for the purposes of redistricting, the State relies on data 
          from the Census Bureau that counts incarcerated individuals 
          at their prisons, and not at home (or their last known 
          residence).  The result is a dilution of the voting 
          strength of African-American and Latino communities and a 
          violation of the one person, one vote principle." 

          The policy of the United States Census Bureau (Bureau) for 
          counting people in correctional facilities on census day is 
          that those individuals should be counted at the facility of 
          incarceration.  This is true for adults and juveniles, and 
          is true for people who are incarcerated in federal prisons 
          or detention centers, state prisons, and local jails and 
          confinement facilities. 

          Because the state uses population data from the Bureau for 
          redistricting purposes, individuals who are incarcerated in 
          California traditionally have been counted at the place of 
          incarceration when district lines are drawn for the state 
          Legislature, Congress, and the BOE.  Because districts at 
          the local level tend to have much smaller populations than 
          state legislative districts, some local jurisdictions in 

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          California choose not to include the incarcerated 
          population when drawing district boundaries.  According to 
          information from the Prison Policy Initiative, 10 
          California counties have chosen to remove the prison 
          population from the census count before drawing county 
          supervisorial districts. 

          Proposition 11, which was approved by the voters at the 
          2008 statewide general election, created the CRC, and gave 
          it the responsibility for establishing district lines for 
          the Assembly, Senate, and BOE.  Proposition 20, which was 
          approved by the voters at the 2010 statewide general 
          election, gave the CRC the responsibility for establishing 
          lines for California's congressional districts.  Because 
          Propositions 11 and 20 established the CRC in the 
          Constitution, and gave it the independent authority to draw 
          district lines for the Assembly, Senate, Congress, and BOE, 
          it is unclear whether the Legislature can require the CRC 
          to adjust census figures for redistricting purposes.  In 
          recognition of this fact, this bill does not require the 
          CRC to adjust census figures, but rather requests that it 
          do so. 

          Although the CRC currently is holding hearings for the 
          purpose of soliciting input before drawing new legislative, 
          congressional, and BOE districts to reflect the population 
          figures from the 2010 census, this bill does not impact 
          that ongoing process.  That is because this bill applies 
          for the 2020 census and the subsequent redistricting 
          process only-not the current process.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes   
          Local:  No

          According to the Assembly Appropriations Committee, CDCR 
          indicates that costs should not be significant.  By 2018, 
          the Statewide Offender Management System will be fully 
          operational with a central database, including address 
          information at the point of inmate reception and 
          pre-release.

           SUPPORT  :   (Verified  8/30/11)

          2nd Call

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          A New Way of Life Re-entry Project
          Advancement Project
          African Methodist Episcopal Church, 5th District
          African-American Redistricting Collaborative
          American Civil Liberties Union
          American Federation of State, County and Municipal 
          Employees, AFL-CIO
          American Salvadoran Foundation of Children with Cancer
          Asian Law Alliance
          Beverly Hills/Hollywood NAACP
          Big Money Griff.net
          Black Probation Officers Association
          Brotherhood Crusade
          California Association of Black Pastors
          California Black Chamber
          California Coalition for Women Prisoners
          California Common Cause
          California Labor Federation, AFL-CIO
          California League of Women Voters
          California National Organization for Women
          California Nurses Association
          California Pan-Ethnic Health Network
          California Public Defender Association 
          Caveman Kitchen
          City of Oakland, Youth Commission
          City of Pasadena
          Community Coalition
          Community Consulting Services
          Congress of Racial Equality
          Demos
          Dr. Deborah LeBlanc, Vice President, Board of Trustees, 
            Compton Community College District , Area 4
          Drug Policy Alliance
          Ella Baker Center for Human Rights
          Friends Committee on Legislation
          Great Beginnings for Black Babies, Inc.
          Greater Sacramento Urban League
          Greenlining Institute
          Hispanic National Bar Association
          Hispanic United Brotherhood USA
          Homies Unidos
          Ironworkers Local 433 (Industry, CA)
          Jade Family Services
          James A. Foshay Learning Center (LAUSD)

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          Jericho
          Laborers' Local 777
          Latino Coalition of Los Angeles
          Lawyers' Committee for Civil Rights
          Lawyers' Committee for Civil Rights of the San Francisco 
          Bay Area
          Legal Services for Prisoners with Children
          Living Advantage, Inc. 
          Los Angeles African American Women Political Action 
          Committee
          Los Angeles NAACP
          Los Angeles Urban League
          MALDEF
          Mexican Chamber of Commerce in California
          NAACP Legal Defense and Educational Fund, Inc.
          New Prospect Baptist Church
          Opportunities Unlimited Charter High School
          People Who Care Youth Center
          Play Us Music, LLC
          Prison Policy Initiative
          Rauch Christian Community Fellowship
          Rebuild Crenshaw Arts Committee
          Sacramento NAACP
          Salvadoran Business Corridor
          Salvadoran Community of La Placita
          Save Our Future
          Second African Methodist Episcopal Church
          SEIU - United Long Term Care Workers Union
          SEIU California
          Service Employees International Union, Local 1000
          South County Labor - Los Angeles County Federation of 
          Labor, AFL-CIO
          Southern Christian Leadership Conference
          Special Needs Network, Inc.
          SuiteEvents.com
          Taylor Family Foundation
          The Positive Results Corporation
          The Wiley Center for Speech and Language Development
          Think Like a Leader Not a Follower
          United States Veterans Initiative
          Visiting Angels
          Ward Economic Development Corporation
          Watts Labor Community Action Committee
          West Angeles Community Development Corporation

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           ARGUMENTS IN SUPPORT  :    Proponents indicate this bill 
          recognizes the importance of providing services to inmates 
          once they leave prison, within their own communities.  
          Currently, all prisoners must be returned to the county 
          where their case was adjudicated at the completion of their 
          sentence.  These communities are often in the metropolitan 
          areas of the state.  Current estimates are that about 
          126,000 prisoners leave the state correctional facilities 
          each year.  Often, these prisoners return to communities 
          where there is a dearth of services to help them 
          reintegrate into their communities.  This bill helps to 
          ensure that services were available by allowing inmates to 
          be counted as members of the communities where they will 
          return to rather as a part of a community where they may 
          geographically reside, where they have no relationship with 
          their surroundings.  The recent amendments take into 
          consideration whether the State Offender Management System 
          will be online or not.  By allowing redistricting maps and 
          districts to reflect the needs of the communities of return 
          rather than the temporary and forced residency of the 
          inmates, formulas will honestly reflect the needs of 
          services.


           ASSEMBLY FLOOR  :  45-32, 6/1/11
          AYES:  Allen, Ammiano, Atkins, Beall, Block, Blumenfield, 
            Bonilla, Bradford, Brownley, Buchanan, Butler, Charles 
            Calderon, Campos, Carter, Cedillo, Davis, Dickinson, Eng, 
            Feuer, Fong, Fuentes, Furutani, Galgiani, Gatto, Gordon, 
            Hall, Hayashi, Roger Hernández, Hill, Hueso, Lara, Bonnie 
            Lowenthal, Ma, Mendoza, Mitchell, Pan, V. Manuel Pérez, 
            Portantino, Skinner, Solorio, Swanson, Torres, 
            Wieckowski, Williams, John A. Pérez
          NOES:  Achadjian, Bill Berryhill, Chesbro, Conway, Cook, 
            Donnelly, Fletcher, Beth Gaines, Garrick, Grove, Hagman, 
            Halderman, Harkey, Huber, Huffman, Jeffries, Jones, 
            Knight, Logue, Mansoor, Miller, Morrell, Nestande, 
            Nielsen, Norby, Olsen, Perea, Silva, Smyth, Valadao, 
            Wagner, Yamada
          NO VOTE RECORDED:  Alejo, Gorell, Monning


          DLW:kc:mw  8/30/11   Senate Floor Analyses 

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                         SUPPORT/OPPOSITION:  SEE ABOVE

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