SF 3878

as introduced - 93rd Legislature (2023 - 2024) Posted on 03/08/2024 03:33pm

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 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.
new text end

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:
new text end

new text begin (1) be excluded from the population count for purposes of drawing congressional,
legislative, or political subdivision districts; and
new text end

new text begin (2) be counted as part of the statewide population total.
new text end

new text begin Subd. 2. new text end

new text begin Department of Corrections duties. new text end

new text begin On or before December 31 in a year ending
in zero, the commissioner of corrections must provide to the director of the Legislative
Coordinating Commission the following information, in electronic form, for each individual
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 individual's name, Department of
Corrections identification number, or other identifying information;
new text end

new text begin (2) the street address of the correctional facility in which the individual was incarcerated
at the time of the report;
new text end

new text begin (3) the residential address of the individual prior to incarceration;
new text end

new text begin (4) the following demographic information, if known: the individual's race, whether the
individual is of Hispanic or Latino origin, and whether the individual is over the age of 18;
and
new text end

new text begin (5) any additional information the director of the Legislative Coordinating Commission
deems necessary.
new text end

new text begin Notwithstanding any law to the contrary, the commissioner of corrections must provide the
director of the Legislative Coordinating Commission with access to the best available data
necessary to conduct the reallocations and exclusions required by this section. The
commissioner and the director may enter a memorandum of understanding detailing the
methodology to be used and the format and manner in which the data will be provided. The
Legislative Coordinating Commission shall not disseminate the data, except as required by
state or federal law.
new text end

new text begin Subd. 3. 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
of the Legislative Coordinating Commission 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 2. The information
must reflect the individuals incarcerated in the federal facility on April 1 of that year. The
information must be provided by December 31 of the year ending in zero.
new text end

new text begin Subd. 4. new text end

new text begin Legislative Coordinating Commission duties. new text end

new text begin The director of the Legislative
Coordinating Commission must reallocate and exclude people who are incarcerated as
provided in subdivision 1. Within 14 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 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.
new text end

Sec. 2.

new text begin [241.062] COLLECTION OF INMATE'S ADDRESS.
new text end

new text begin (a) As part of an inmate's intake process, the commissioner of corrections shall ensure
that the inmate's last residential address before incarceration is collected and recorded.
new text end

new text begin (b) On or before September 30 in the year of the decennial census, the commissioner of
corrections shall identify the inmates for whom the department does not have a last residential
address, contact these inmates, and collect and record each inmate's last residential address.
new text end

new text begin (c) The inmate's last residential address and the information listed in section 2.93,
subdivision 2, clauses (1) to (5), collected and maintained by the commissioner is private
data on individuals as defined in section 13.02, subdivision 12.
new text end

new text begin (d) Beginning in 2030, the commissioner shall 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