BILL ANALYSIS                                                                                                                                                                                                    






                         SENATE COMMITTEE ON ELECTIONS 
                         AND CONSTITUTIONAL AMENDMENTS
                           Senator Lou Correa, Chair


          BILL NO:   AB 1986          HEARING DATE: 6/19/12
          AUTHOR:    DAVIS            ANALYSIS BY:  Frances Tibon 
          Estoista
          AMENDED:   3/29/12
          FISCAL:    YES
          
                                     SUBJECT
           
          Redistricting

                                   DESCRIPTION  
          
           Existing law  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 Citizens Redistricting Commission (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.

           Existing law  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.  That 
          information may include, but not be limited to, ZIP Code 
          information or street address information from which a ZIP 
          Code can be derived.

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










           Existing law  specifies that an inmate's last known 
          residence is the address at which the inmate was last 
          domiciled prior to his or her current term of 
          incarceration, as determined from court records of the 
          county in which the inmate was sentenced.

           This bill  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 for 
          each inmate.

          This bill  requires the 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.

           This bill  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:

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

             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,

             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.

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                                    BACKGROUND  
          
           U.S. Census Bureau Policy  .  According to information from 
          the United States Census Bureau (Bureau), planners of the 
          first decennial census in 1790 established the concept of a 
          "usual residence" to determine where people would be 
          counted.  A person's usual residence is the place where the 
          person lives and sleeps most of the time.  Because of the 
          "usual residence" rule, a person who is on vacation on 
          census day (April 1 of each year ending in "0") will not be 
          counted as living at the place where he or she is 
          vacationing, but rather where that person usually lives.  
          The usual residence policy has been used for every 
          decennial census since the first census, including the 2010 
          Census.

          While it is easy to determine the "usual residence" of most 
          people, the determination of the usual residence for people 
          living in non-traditional living situations can be more 
          complex.  For instance, the Bureau's policy for counting 
          U.S. military personnel who are living on U.S. military 
          vessels with a U.S. homeport is that those individuals 
          should be counted at the U.S. residence where they live and 
          sleep most of the time, or at the vessel's homeport if they 
          have no onshore U.S. residence.  U.S. military personnel 
          who are living on U.S. military vessels with a homeport 
          outside the U.S., on the other hand, are counted as part of 
          the U.S. overseas population, and are not supposed to be 
          reported on census questionnaires.

          The Bureau's policy 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.

                                     COMMENTS  
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            1. According to the author  :  This bill is a follow-up to 
             AB 420 (Davis, Chapter 548, Statutes of 2011), which 
             requested the California Citizens' Commission on 
             Redistricting to count inmates, for redistricting 
             purposes, based on their last known address (according 
             to Courts/Corrections' records) rather than their place 
             of incarceration.  This is based on the authority in 
             Elections Code Section 2025 pertaining to a person's 
             domicile for voting purposes.

           AB 1986 seeks to fine-tune the provisions of AB 420 by:

                 Extending the scope of AB 420 to federal prisons by 
               requesting the Commission to remove all federal 
               prisoners from any data collected (the rationale for 
               this is the difficulty of obtaining data on the 
               federal inmate population within California from the 
               federal government);
                 Increasing precision in the inmate address data to 
               be provided to the Commission by expressly referencing 
               census block data, which is the standard for map-able 
               addresses;
                 Requesting that the Commission not publish any 
               inmate home address data to address privacy and safety 
               concerns;
                 Requesting the Commission to adjust race and 
               ethnicity data appropriately in the districts 
               containing prisons.

            1. Previous Legislation  .  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 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 
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             located, at the expense of other voters.

            2. Citizens Redistricting Commission  :  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 
             Assembly, Senate, and BOE.  Proposition 11 also modified 
             the criteria to be used when drawing district lines.  
             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, and made other changes to the 
             procedures and criteria to be used by the CRC.

           Because Propositions 11 and 20 established the CRC in the 
             constitution, and gave it the independent authority to 
             draw district lines for 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, AB 420 did not 
             require the CRC to adjust census figures, but rather 
             requested that it do so.  Similarly, this bill does not 
             restrict what the CRC can do with the information that 
             is provided to it by the CDCR, but instead requests that 
             the CRC comply with its provisions.

                                   PRIOR ACTION
           
          Assembly Elections and Redistricting Committee:  5-2
          Assembly Appropriations Committee:          12-5
          Assembly Floor:                             41-31
                                         
                                   POSITIONS  

          Sponsor: Author

           Support: Friends Committee on Legislation of California 
                   (FCLCA)
                    Greater Sacramento Urban League
                    NAACP Legal Defense & Educational Fund, Inc.
                    Prison Policy Initiative

           Oppose:  None received

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