S T A T E   O F   N E W   Y O R K
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                                  5946

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 23, 2009
                               ___________

Introduced  by M. of A. ESPAILLAT, BENJAMIN, PEOPLES, BOYLAND, LAVINE --
  Multi-Sponsored by -- M. of A. CLARK, DIAZ, GREENE,  HEASTIE,  HOOPER,
  PERRY,  ROSENTHAL  --  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

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

  Section  1.  The legislature notes that section 4 of article II of the
constitution provides in pertinent  part  as  follows:  "S  4.  For  the
purpose  of  voting,  no person shall be deemed to have gained or lost a
residence...while confined in any public prison."  Likewise, subdivision
1 of section 5-104 of the election law provides  in  pertinent  part  as
follows:  "For  the purpose of registering and voting no person shall be
deemed to have gained or lost a residence...while confined in any public
prison."
  Despite these provisions, investigation has shown that many  incarcer-
ated persons are being classified for purposes of residency as residents
of their places of incarceration rather than as residents of their plac-
es  of  residence prior to incarceration. The provisions of this act are
necessary to provide procedures and duties to correct these errors.
  S 2. 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,
SENATE, AND COUNTY LEGISLATIVE BODY 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
DECENNIAL CENSUS ARE RELEASED BY THE  DIRECTOR  OF  THE  BUREAU  OF  THE
CENSUS  OF  THE UNITED STATES DEPARTMENT OF COMMERCE, THE STATE BOARD OF

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03619-01-9
              

A. 5946                             2

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
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.
  (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.
  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,  ALL
COUNTY  LEGISLATIVE  BODIES, AND THE PUBLIC.  THE LEGISLATIVE TASK FORCE
ON DEMOGRAPHIC RESEARCH AND REAPPORTIONMENT SHALL UTILIZE SUCH  INFORMA-
TION  IN  THE CREATION OF CONGRESSIONAL, ASSEMBLY, AND SENATE DISTRICTS.
ALL COUNTY LEGISLATIVE BODIES SHALL  UTILIZE  SUCH  INFORMATION  IN  THE
CREATION OF COUNTY LEGISLATIVE BODY DISTRICTS.
  S 3. This act shall take effect immediately.