S T A T E   O F   N E W   Y O R K
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                                  5256

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 11, 2009
                               ___________

Introduced by M. of A. ESPAILLAT, PERALTA -- Multi-Sponsored by -- M. of
  A. BOYLAND, DIAZ, HOOPER -- read once and referred to the Committee on
  Election Law

AN ACT to amend the election law, in relation to the residential classi-
  fication of certain incarcerated persons for census purposes

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The election law is amended by adding a new  section  3-112
to read as follows:
  S 3-112. PRISONER CENSUS ADJUSTMENT. 1. THE PROVISIONS OF THIS SECTION
SHALL  APPLY  ONLY  TO,  AND  THE  INFORMATION OBTAINED PURSUANT TO THIS
SECTION SHALL BE USED IN, THE CREATION OF CONGRESSIONAL,  ASSEMBLY,  AND
SENATE DISTRICTS.
  2. NOT LATER THAN THE NEXT SEPTEMBER FIRST FOLLOWING THE DATE ON WHICH
THE TRACT-LEVEL POPULATION COUNTS FOR THIS STATE FROM THE FEDERAL DECEN-
NIAL  CENSUS ARE RELEASED BY THE DIRECTOR OF THE BUREAU OF THE CENSUS OF
THE UNITED STATES DEPARTMENT OF COMMERCE, THE STATE BOARD  OF  ELECTIONS
SHALL  PREPARE  AND  DISSEMINATE  ADJUSTED  POPULATION  COUNTS  FOR EACH
GEOGRAPHIC UNIT INCLUDED IN  THE  CENSUS  COUNTS  AS  PROVIDED  BY  THIS
SECTION.
  3.  (A)  NOT  LATER  THAN  JUNE FIRST OF THE YEAR IN WHICH THE FEDERAL
DECENNIAL CENSUS IS CONDUCTED, EACH STATE AGENCY AND LOCAL  GOVERNMENTAL
ENTITY  IN  THIS STATE THAT OPERATES A FACILITY FOR THE INCARCERATION OF
PERSONS CONVICTED OF A  CRIMINAL  OFFENSE,  INCLUDING  A  MENTAL  HEALTH
INSTITUTION  FOR THOSE PERSONS, OR THAT PLACES ANY PERSON CONVICTED OF A
CRIMINAL OFFENSE IN A PRIVATE FACILITY TO BE INCARCERATED ON  BEHALF  OF
THE  STATE  AGENCY  OR GOVERNMENTAL ENTITY, SHALL SUBMIT A REPORT TO THE
STATE BOARD OF ELECTIONS WITH THE FOLLOWING INFORMATION:
  (1) THE NAME OF EACH PERSON INCARCERATED IN A FACILITY OPERATED BY THE
STATE AGENCY, GOVERNMENTAL ENTITY, OR IN A PRIVATE FACILITY ON BEHALF OF
THE STATE AGENCY OR GOVERNMENTAL ENTITY ON THE DATE FOR WHICH THE CENSUS

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09095-01-9
              

A. 5256                             2

REPORTS POPULATION WHO COMPLETED A CENSUS FORM, RESPONDED  TO  A  CENSUS
INQUIRY,  OR WAS INCLUDED IN ANY REPORT PROVIDED TO CENSUS OFFICIALS, IF
THE FORM, RESPONSE, OR REPORT INDICATED THAT THE PERSON RESIDED  AT  THE
FACILITY ON THAT DATE.
  (2) THE AGE, SEX, AND RACE OF EACH PERSON INCLUDED IN THE REPORT.
  (3)  THE  LAST ADDRESS AT WHICH THE PERSON RESIDED BEFORE THE PERSON'S
CURRENT INCARCERATION.
  (B) EACH GOVERNMENTAL ENTITY REQUIRED TO MAKE A REPORT UNDER PARAGRAPH
(A) OF THIS SUBDIVISION SHALL ENSURE THAT IT COLLECTS AND MAINTAINS  THE
INFORMATION REQUIRED TO MAKE THE REPORT.
  4.  THE  STATE BOARD OF ELECTIONS SHALL REQUEST EACH AGENCY THAT OPER-
ATES  A  FEDERAL  FACILITY  IN  THIS  STATE  THAT  INCARCERATES  PERSONS
CONVICTED  OF A CRIMINAL OFFENSE TO PROVIDE THE STATE BOARD OF ELECTIONS
WITH A REPORT INCLUDING THE  INFORMATION  LISTED  IN  PARAGRAPH  (A)  OF
SUBDIVISION THREE OF THIS SECTION FOR PERSONS CONVICTED OF AN OFFENSE IN
THIS STATE.
  5.  FOR  EACH  PERSON INCLUDED IN A REPORT RECEIVED UNDER SUBDIVISIONS
THREE AND FOUR OF THIS SECTION,  THE  STATE  BOARD  OF  ELECTIONS  SHALL
DETERMINE  THE GEOGRAPHIC UNITS FOR WHICH POPULATION COUNTS ARE REPORTED
IN THE FEDERAL DECENNIAL CENSUS THAT CONTAIN THE LAST ADDRESS  AT  WHICH
THE  PERSON  RESIDED  BEFORE THE PERSON'S INCARCERATION ACCORDING TO THE
REPORT AND, IF THAT ADDRESS IS IN THIS STATE:
  (A) ADJUST ALL RELEVANT POPULATION  COUNTS  REPORTED  IN  THE  CENSUS,
INCLUDING POPULATIONS BY AGE, SEX, AND RACE, AS IF THE PERSON RESIDED AT
THAT  ADDRESS ON THE DAY FOR WHICH THE CENSUS REPORTS POPULATION, UNLESS
THE PERSON'S GEOGRAPHIC UNIT OF LAST  ADDRESS  AND  GEOGRAPHIC  UNIT  OF
PLACE OF INCARCERATION ARE THE SAME.
  (B)  ELIMINATE  THE  PERSON  FROM  ALL  APPLICABLE  POPULATION  COUNTS
REPORTED IN THE FEDERAL DECENNIAL CENSUS FOR THE GEOGRAPHIC  UNITS  THAT
INCLUDE THE FACILITY AT WHICH THE PERSON WAS INCARCERATED ON THE DAY FOR
WHICH THE CENSUS REPORTS POPULATION, UNLESS THE PERSON'S GEOGRAPHIC UNIT
OF  LAST  ADDRESS  AND GEOGRAPHIC UNIT OF PLACE OF INCARCERATION ARE THE
SAME.
  6. UPON THE COMPLETION OF THE COMPILATION OF THE INFORMATION  REQUIRED
PURSUANT  TO  THIS  SECTION, THE STATE BOARD OF ELECTIONS SHALL PROMPTLY
MAKE A REPORT THEREOF AVAILABLE TO THE LEGISLATIVE TASK FORCE  ON  DEMO-
GRAPHIC  RESEARCH AND REAPPORTIONMENT, ALL LOCAL BOARDS OF ELECTION, AND
THE PUBLIC. THE LEGISLATIVE TASK FORCE ON DEMOGRAPHIC RESEARCH AND REAP-
PORTIONMENT SHALL UTILIZE SUCH INFORMATION IN THE CREATION  OF  CONGRES-
SIONAL, ASSEMBLY, AND SENATE DISTRICTS.
  S 2. This act shall take effect immediately.