HF 4043

2nd Engrossment - 93rd Legislature (2023 - 2024) Posted on 03/21/2024 03:51pm

A bill for an act
relating to redistricting; requiring the allocation of certain incarcerated persons
based on their last known address in Minnesota; requiring the Department of
Corrections to collect the last residential address of an inmate before incarceration;
proposing coding for new law in Minnesota Statutes, chapters 2; 241.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [2.93] INCARCERATED PERSONS IN DISTRICT PLANS.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For the purposes of this section, the definitions have the
meanings given.
new text end

new text begin (b) "Commissioner" means the commissioner of corrections.
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new text begin (c) "Director" means the director of the Legislative Coordinating Commission.
new text end

new text begin (d) "Legislative Coordinating Commission" means the Legislative Coordinating
Commission established in section 3.303.
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new text begin Subd. 2. new text end

new text begin Reallocation and exclusion of incarcerated persons. new text end

new text begin (a) For purposes of
drawing congressional, legislative, and all other election districts, the legislature and local
governments must use the population from the federal decennial census as modified by
reallocating and excluding persons who are incarcerated.
new text end

new text begin (b) A person who was incarcerated in a state or federal correctional facility, as determined
by the decennial census, and who has a last known address in Minnesota must be reallocated
to the census block of the last known address.
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new text begin (c) A person who was incarcerated in a state or federal correctional facility, as determined
by the decennial census, and who has a last known address outside of Minnesota or does
not have a last known address must:
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new text begin (1) be excluded from the population count for purposes of drawing congressional,
legislative, or political subdivision districts; and
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new text begin (2) be counted as part of the statewide population total.
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new text begin Subd. 3. new text end

new text begin Department of Corrections duties. new text end

new text begin (a) On or before June 1 in a year ending
in zero, the commissioner must provide to the director of the Legislative Coordinating
Commission the following information, in electronic form, for each person incarcerated in
a state correctional facility on April 1 in the year of the decennial census:
new text end

new text begin (1) a unique identifier that does not include the person's name, Department of Corrections
identification number, or other identifying information;
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new text begin (2) the street address of the correctional facility in which the person was incarcerated at
the time of the report;
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new text begin (3) the residential address of the person immediately prior to incarceration, if known,
or if the person resided in an area lacking a specific physical address immediately prior to
incarceration, a description of the physical location where the person regularly stayed
immediately prior to being incarcerated;
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new text begin (4) the following demographic information, if known: the racial and ethnic information
collected by the census and whether the person is over the age of 18; and
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new text begin (5) any additional information the director of the Legislative Coordinating Commission
deems necessary.
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new text begin (b) Notwithstanding any law to the contrary, the commissioner must provide the director
with access to the best available data necessary to conduct the reallocations and exclusions
required by this section.
new text end

new text begin Subd. 4. new text end

new text begin Federal correctional facilities. new text end

new text begin By April 15 in a year ending in zero, the director
must request each agency that operates a federal facility in Minnesota that incarcerates
persons convicted of a criminal offense to provide the director with a report, including the
information listed in subdivision 3. The information must reflect the persons incarcerated
in the federal facility on April 1 of that year. If information is provided pursuant to this
subdivision, the information must be provided by June 1 of the year ending in zero. If
information is not provided pursuant to this subdivision, persons incarcerated at federal
facilities must be treated as having no known last address and must be excluded as provided
in subdivision 2, paragraph (c).
new text end

new text begin Subd. 5. new text end

new text begin Legislative Coordinating Commission duties. new text end

new text begin (a) The director must reallocate
and exclude people who are incarcerated in state or federal correctional facilities as provided
in this subdivision and subdivision 2. Within 30 calendar days of receiving the Public Law
94-171 data from the United States Census Bureau, the director must post the population
counts that reflect all required reallocations and exclusions on the Legislative Coordinating
Commission's website.
new text end

new text begin (b) The director must, in consultation with the commissioner, develop a standardized
format and technical guidelines to be used in collecting addresses from incarcerated persons.
The commissioner must use this format and follow the guidelines in collecting addresses.
The commissioner and the director may enter a memorandum of understanding detailing
the additional details regarding the methodology to be used and the format and manner in
which the data will be provided. Notwithstanding any law to the contrary, the commissioner
must provide the director with access to the best available data necessary to conduct the
reallocations and exclusions required by this section.
new text end

new text begin (c) Prior to reallocating and excluding incarcerated persons, the director must geocode
addresses received from the commissioner. When geocoding addresses, the director must
accept an address that is an exact match or is approximated to the street level and reject any
address that is approximated to the center of a zip code, city, county, or state. The director
must only reallocate those addresses that are accepted pursuant to this paragraph. The
director must not reallocate any person at an address that was rejected but must instead
count that person as part of the statewide population total.
new text end

new text begin (d) The director must not disseminate data received pursuant to this section in any
manner, except as explicitly required by state or federal law.
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new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2030, and applies to population
counts used for redistricting conducted on or after that date.
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Sec. 2.

new text begin [241.062] COLLECTION OF INCARCERATED PERSON'S ADDRESS.
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new text begin (a) As part of an incarcerated person's intake process, the commissioner of corrections
must make all reasonable efforts to ensure that the information listed in section 2.93,
subdivision 3, clauses (1) to (5), is collected and recorded. The information must be collected
in compliance with the format and guidelines developed pursuant to section 2.93, subdivision
5. An incarcerated person who was participating in the Safe at Home program established
in chapter 5B, has safety concerns about providing a last residential address, or has safety
concerns for people residing at that address may decline to provide an address.
new text end

new text begin (b) The incarcerated person's last residential address and the information listed in section
2.93, subdivision 3, clauses (1) to (5), collected on intake and maintained by the
commissioner are private data on individuals as defined in section 13.02, subdivision 12.
new text end

new text begin (c) Beginning in 2030, the commissioner must provide the information described in this
section electronically to the director of the Legislative Coordinating Commission as required
in section 2.93.
new text end

Sec. 3. new text begin COLLECTION OF CURRENT INCARCERATED PERSON'S ADDRESS.
new text end

new text begin Prior to April 1, 2030, the commissioner of corrections must make reasonable efforts to
collect from or confirm with each incarcerated person the following information:
new text end

new text begin (1) the residential address of the person immediately prior to incarceration or, if the
person resided in an area lacking a specific physical address immediately prior to
incarceration, a description of the physical location where the person regularly stayed
immediately prior to being incarcerated; and
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new text begin (2) the following demographic information: the racial and ethnic information collected
by the census and whether the person is over the age of 18.
new text end

new text begin This section only applies to an incarcerated person who was incarcerated prior to the date
the commissioner started routinely collecting the information in clauses (1) and (2) as part
of the intake process.
new text end