BILL ANALYSIS Ó ------------------------------------------------------------ |SENATE RULES COMMITTEE | AB 420| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 445-6614 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ 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 CONTINUED AB 420 Page 2 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 CONTINUED AB 420 Page 3 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 CONTINUED AB 420 Page 4 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 CONTINUED AB 420 Page 5 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) CONTINUED AB 420 Page 6 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 CONTINUED AB 420 Page 7 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 CONTINUED AB 420 Page 8 SUPPORT/OPPOSITION: SEE ABOVE **** END **** CONTINUED