98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
SB1442
 
Introduced 2/6/2013, by Sen. Kimberly A. Lightford
 
SYNOPSIS AS INTRODUCED:



New Act

 Creates the No Representation Without Population Act. Provides that the Illinois Department of Corrections shall collect and maintain an electronic record of the legal residence, outside of the facility, and other demographic data, for any person entering its custody after January 1, 2014. Provides that the record shall contain, at a minimum, the last known complete street address prior to incarceration, the person's race, whether the person is of Hispanic or Latino origin, and whether the person is age 18 or older. Contains provisions concerning reports, federal facilities, the Data Collection and Reporting Advisory Council, the determination of Legislative and Representative Districts, and State and federal aid. Contains a severability clause. 



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A BILL FOR
 


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1 AN ACT concerning elections.


2 Be it enacted by the People of the State of Illinois,

3represented in the General Assembly:



4 Section 1. Short title. This Act may be cited as the No 
5Representation Without Population Act. 

6 Section 3. Definitions. 
7 "Department" means the Illinois Department of Corrections.
8 "Council" means the Data Collection and Reporting Advisory 
9Council.

10 Section 5. Electronic records. The Department shall 
11collect and maintain an electronic record of the legal 
12residence, outside of any correctional facility, and other 
13demographic data for each person entering its custody after 
14January 1, 2014. At a minimum, this record shall contain the 
15person's last known complete street address prior to 
16incarceration, the person's race, whether the person is of 
17Hispanic or Latino origin, and whether the person is 18 years 
18of age or older. To the degree possible, the Department shall 
19also allow the legal residence to be updated as appropriate.

20 Section 10. Reports to the Secretary of State. 
21 (a) In each year where the federal decennial census is 
 
 
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1taken but in which the United States Bureau of the Census 
2allocates incarcerated persons as residents of correctional 
3facilities, the Department shall by May 1 of that same year 
4deliver to the Secretary of State the following information:
5  (1) A unique identifier, not including the name or 
6 Department-assigned inmate number, for each incarcerated 
7 person subject to the jurisdiction of the Department on the 
8 date for which the decennial census reports population. The 
9 unique identifier shall enable the Secretary of State to 
10 address inquiries about specific address records to the 
11 Department, without making it possible for anyone outside 
12 of the Department to identify the inmate to whom the 
13 address record pertains.
14  (2) The street address of the correctional facility 
15 where the person was incarcerated at the time of the 
16 report.
17  (3) The last known address of the person prior to 
18 incarceration or other legal residence, if known.
19  (4) The person's race, whether the person is of 
20 Hispanic or Latino origin, and whether the person is age 18 
21 or older, if known.
22  (5) Any additional information as the Secretary of 
23 State may request pursuant to law.
24 (b) The Department shall provide the information specified 
25in subsection (a) of this Section in the form that the 
26Secretary of State shall specify.
 
 
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1 (c) Notwithstanding any other provision of law, the 
2information required to be provided to the Secretary of State 
3pursuant to this Section shall not include the name of any 
4incarcerated person and shall not allow for the identification 
5of any person therefrom, except to the Department. The 
6information shall be treated as confidential, and shall not be 
7disclosed by the Secretary of State except as redistricting 
8data aggregated by census block for purposes specified in 
9Section 25 of this Act.

10 Section 15. Federal facilities. The Secretary of State 
11shall request each agency that operates a federal facility in 
12this State that incarcerates persons convicted of a criminal 
13offense to provide the Secretary of State with a report 
14including the information listed in subsection (a) of Section 
1510 of this Act.

16 Section 20. Reports to the Governor; Data Collection and 
17Reporting Advisory Council. 
18 (a) The Data Collection and Reporting Advisory Council is 
19hereby created to examine the annual reports produced by the 
20Department described in subsection (b) of this Section. 
21 (b) The Department shall by May 1 of each year deliver to 
22the Governor and the Council a report containing, for each 
23piece of information requested in items (3) and (4) of 
24subsection (a) of Section 10 of this Act, the total number of 
 
 
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1incarcerated persons that were known as of April 1. 
2 (c) The Council shall meet twice a year to provide 
3consultation to the Department. All members of the Council 
4shall serve without compensation, but shall be reimbursed for 
5their reasonable and necessary expenses from funds available 
6for that purpose. 
7 (d) The Council shall consist of 11 members, appointed by 
8the Governor. Each member shall be a subject matter expert in 
9demographics, redistricting, or criminal justice data systems, 
10including at least one expert in each of those subject matter 
11areas.

12 Section 25. Secretary of State; redistricting data. The 
13Secretary of State shall prepare redistricting population data 
14to reflect incarcerated persons at their residential address, 
15pursuant to Section 30 of this Act. The data prepared by the 
16Secretary of State shall be the basis of the Legislative and 
17Representative Districts required to be created pursuant to 
18Section 3 of Article IV of the Illinois Constitution of 1970, 
19and all local government districts that are based on 
20population. Incarcerated populations residing at unknown 
21geographic locations within the State, as determined under 
22subsection (c)(2) of Section 30 of this Act shall not be used 
23to determine the ideal population of any set of districts, 
24wards, or precincts.

 
 
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1 Section 30. Determinations and data publication by the 
2Secretary of State. 
3 (a) For each person included in a report received under 
4Sections 10 and 15 of this Act, the Secretary of State shall 
5determine the geographic units for which population counts are 
6reported in the federal decennial census that contain the 
7facility of incarceration and the legal residence as listed 
8according to the report.
9 (b) For each person included in a report received under 
10Sections 10 and 15 of this Act, if the legal residence is known 
11and in this State, the Secretary of State shall:
12  (1) ensure that the person is not represented in any 
13 population counts reported by the Secretary of State for 
14 the geographic units that include the facility where the 
15 person was incarcerated, unless that geographic unit also 
16 includes the person's legal residence; and
17  (2) ensure that any population counts reported by the 
18 Secretary of State reflect the person's residential 
19 address as reported under Sections 10 and 15 of this Act.
20 (c) For each person included in a report received under 
21Sections 10 and 15 of this Act for whom a legal residence is 
22unknown or not in this State, and for all persons reported in 
23the census as residing in a federal correctional facility for 
24whom a report was not provided, the Secretary of State shall:
25  (1) ensure that the person is not represented in any 
26 population counts reported by the Secretary of State for 
 
 
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1 the geographic units that include the facility where the 
2 person was incarcerated; and
3  (2) allocate the person to a State unit not tied to a 
4 specific determined geographic location, as other State 
5 residents with unknown State addresses are allocated.
6 (d) The data prepared by the Secretary of State pursuant to 
7this Section shall be completed and published no later than 30 
8days after the date that federal decennial census data required 
9to be published by Public Law 94-171 is published for the State 
10of Illinois.

11 Section 35. Data; Legislative and Representative 
12Districts. The data prepared by the Secretary of State in 
13Section 30 of this Act shall be the basis for determining 
14Legislative and Representative Districts and all local 
15government districts that are based on population. Residences 
16at unknown geographic locations within the State under 
17subsection (c) of Section 30 of this Act shall not be used to 
18determine the ideal population of any set of districts, wards, 
19or precincts.

20 Section 40. State and federal aid. The data prepared by the 
21Secretary of State in Section 30 of this Act shall not be used 
22in the distribution of any State or federal aid.

23 Section 97. Severability. The provisions of this Act are 
 
 
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1severable under Section 1.31 of the Statute on Statutes.