HOUSE BILL No. 4935

 

June 19, 2007, Introduced by Reps. Lemmons, Young and Gonzales and referred to the Committee on Government Operations.

 

     A bill to require state and local governmental bodies to use

 

census figures adjusted to reflect preincarceration addresses of

 

persons imprisoned in this state; and to provide for the powers and

 

duties of certain state and local governmental officers and

 

entities.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 1. This act shall be known and may be cited as the

 

"prisoner census adjustment act".

 

     Sec. 3. Not later than June 1 of the year in which the federal

 

decennial census is conducted, each state and local governmental

 

entity in this state that operates a facility for the incarceration

 

of persons convicted of a criminal offense or that places any

 

person convicted of a criminal offense in a private facility to be

 


incarcerated on behalf of the governmental entity shall submit a

 

report to the secretary of state with the following information:

 

     (a) The name of each person incarcerated 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.

 

     (b) The age, gender, and race of each person included in the

 

report.

 

     (c) The last address at which the person resided before the

 

person's current incarceration.

 

     Sec. 5. (1) For each person included in a report received

 

under section 3, the secretary of state 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 the state, do the following:

 

     (a) Adjust all relevant population counts reported in the

 

census, including populations by age, gender, 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.

 

     (2) Not later than the next September 1 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

 

secretary of state shall prepare and disseminate adjusted

 

population counts for each geographic unit included in the census

 

counts as provided by subsection (1).

 

     Sec. 7. A state governmental body that redistricts any

 

election districts subject to the one-person-one-vote requirement

 

of the constitution of the United States shall use the most recent

 

adjusted population counts prepared by the secretary of state under

 

section 5.