BILL ANALYSIS                                                                                                                                                                                                    



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          ASSEMBLY THIRD READING
          AB 1986 (Davis)
          As Amended  March 29, 2012
          Majority vote 

           ELECTIONS           5-2         APPROPRIATIONS      12-5        
           
           ----------------------------------------------------------------- 
          |Ayes:|Fong, Bonilla, Hall,      |Ayes:|Fuentes, Blumenfield,     |
          |     |Mendoza, Swanson          |     |Bradford, Charles         |
          |     |                          |     |Calderon, Campos, Davis,  |
          |     |                          |     |Gatto, Hall, Hill, Lara,  |
          |     |                          |     |Mitchell, Solorio         |
          |     |                          |     |                          |
          |-----+--------------------------+-----+--------------------------|
          |Nays:|Donnelly, Logue           |Nays:|Harkey, Donnelly,         |
          |     |                          |     |Nielsen, Norby, Wagner    |
          |     |                          |     |                          |
           ----------------------------------------------------------------- 
           SUMMARY  :   Makes various modifications to a provision of 
          existing law that requires the California Department of 
          Corrections and Rehabilitation (CDCR) to provide information to 
          the Citizens Redistricting Commission (CRC) regarding the last 
          known residence of each inmate incarcerated in a state adult 
          correctional facility.  Specifically,  this bill  :  

          1)Requires the CDCR to provide information to the CRC regarding 
            the census block of the last known place of residence for each 
            inmate incarcerated in a state adult correctional facility, 
            instead of providing information about the ZIP Code of the 
            last known place of residence.

          2)Requires CDCR, when providing information to the CRC regarding 
            the last known places of residence of inmates incarcerated in 
            state adult correctional facilities, to exclude all inmates in 
            state custody for whom a last known place of residence within 
            California cannot be determined and all inmates in federal 
            custody in a facility in California.

          3)Requests the CRC, when using information regarding the last 
            known place of residence for inmates that is furnished to the 
            CRC pursuant to existing law and this bill, to do all of the 
            following:









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             a)   Refrain from publishing information regarding a specific 
               inmate's last known place of residence;

             b)   Deem an inmate in state custody in a facility within 
               California for whom the last known place of residence is 
               either outside of California or cannot be determined, or an 
               inmate in federal custody in a facility within California, 
               to reside at an unknown geographical location in the state 
               and to exclude such inmates from the population count for 
               any district, ward, or precinct; and,

             c)   Adjust race and ethnicity data in districts, wards, and 
               precincts that contain prisons in a manner that reflects 
               reductions in the local population as inmates are included 
               in the population count of the district, ward, or precinct 
               of their last known place of residence.




           EXISTING LAW  :

          1)Requires the CDCR, not sooner than April 1, 2020, and not 
            later than July 1, 2020, to furnish to the CRC information 
            regarding the last known residence of each inmate incarcerated 
            in a state adult correctional facility, except an inmate whose 
            last known residence is outside California.  Requires CDCR, in 
            2030 and in each year ending in the number zero thereafter, to 
            provide this information to the CRC not sooner than the 
            decennial census day and not later than 90 days thereafter.

          2)Requires the information furnished by the CDCR to include, for 
            each inmate, a unique identifier, other than the inmate's name 
            or CDCR number, and last known address information that is 
            sufficiently specific to determine the congressional, State 
            Senatorial, State Assembly, or Board of Equalization (BOE) 
            district in which the inmate's last known residence is 
            located.  Provides that the information may include, but not 
            be limited to, ZIP Code information or street address 
            information from which a ZIP Code can be derived.

          3)Requests the CRC to deem each incarcerated person as residing 
            at his or her last known residence, rather than at the 
            institution of his or her incarceration, and to use the 








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            information furnished to it by the CDCR in carrying out its 
            redistricting responsibilities.

           FISCAL EFFECT  :   According to the Assembly Appropriations 
          Committee, this bill's modifications to current law should, at 
          most, have a minor net fiscal impact to CDCR and the CRC.

           COMMENTS  :  Last year, the Legislature approved and the Governor 
          signed AB 420 (Davis), Chapter 548, Statutes of 2011, which 
          requests the CRC, when adjusting district boundaries for the 
          state Legislature, Congress, and the BOE, to deem an 
          incarcerated person as residing at his or her last known 
          residence, rather than the institution of his or her 
          incarceration.  AB 420 was intended to end the practice whereby 
          incarcerated individuals are counted, for redistricting 
          purposes, as residing at the prison in which they are 
          incarcerated, instead of at the locations where they last 
          resided prior to incarceration.  Critics of that practice argue 
          that it artificially inflates the political influence of 
          districts where prisons are located, at the expense of other 
          voters.

          This bill makes a number of changes to the provisions of AB 420 
          in an attempt to allow for that bill to be more effectively 
          implemented.  Specifically, this bill requires CDCR to provide 
          residence information for inmates by census blocks, instead of 
          by ZIP Codes, since census blocks are the unit of geography that 
          typically are used to draw district lines.  Additionally, this 
          bill seeks to provide greater guidance to the CRC about how to 
          deal with inmates for whom reliable residence information is not 
          available, and seeks to ensure that information provided to the 
          CRC by the CDCR is not considered a public record.

          Please see the policy committee analysis for a full discussion 
          of this bill.

           
          Analysis Prepared by  :    Ethan Jones / E. & R. / (916) 319-2094 


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