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| 1 | | AN ACT concerning census information.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 1. Short title. This Act may be cited as the |
| 5 | | Prisoner Census Adjustment Act.
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| 6 | | Section 10. Distribution of census information.
Not later |
| 7 | | than 30 days after publication of census redistricting data for |
| 8 | | this State by the United States Census Bureau, the Secretary of |
| 9 | | State shall prepare and disseminate adjusted population counts |
| 10 | | for each geographic unit included in the census counts as |
| 11 | | provided by this Act.
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| 12 | | Section 15. Reports to the Secretary of State. |
| 13 | | (a) Not later than May 1 of the year in which the federal
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| 14 | | decennial census is conducted, each State and local |
| 15 | | governmental
entity in this State that operates a facility for |
| 16 | | the incarceration
of persons convicted of a criminal offense, |
| 17 | | including a mental health institution for those persons, or |
| 18 | | that places any person
convicted of a criminal offense in a |
| 19 | | private facility to be
incarcerated on behalf of the |
| 20 | | governmental entity, shall submit a
report to the Secretary of |
| 21 | | State with the following information:
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| 22 | | (1) The name of each person incarcerated in a facility
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| 1 | | operated by the governmental entity or in a private |
| 2 | | facility on
behalf of the governmental entity on the date |
| 3 | | for which the census reports population who has less than 4 |
| 4 | | years remaining on his or her sentence on the date for |
| 5 | | which the census reports population and who completed a |
| 6 | | census form, responded to a census inquiry, or was included |
| 7 | | in any report provided to census officials, if the form, |
| 8 | | response, or report indicated that the person resided at |
| 9 | | the facility on that date.
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| 10 | | (2) The age, gender, and race of each person included |
| 11 | | in the report. |
| 12 | | (3) The last address at which the person resided before |
| 13 | | the person's current incarceration. |
| 14 | | (b) Each governmental entity required to make a report |
| 15 | | under subsection (a) shall ensure that it collects and |
| 16 | | maintains the
information required to make the report.
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| 17 | | Section 20. Federal facilities. The Secretary of State |
| 18 | | shall request each agency that operates a federal facility in |
| 19 | | this State that incarcerates persons convicted of a criminal |
| 20 | | offense to provide the Secretary of State with a report |
| 21 | | including the information listed in subsection (a) of Section |
| 22 | | 15 for persons convicted of an offense in this State.
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| 23 | | Section 25. Adjustments by the Secretary of State. For each |
| 24 | | person included in a report received under Sections 15 and 20 |
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| 1 | | for whom a previous address is reported under item (3) of |
| 2 | | subsection (a) of Section 15 of this Act, the Secretary of |
| 3 | | State shall determine the geographic units for which population |
| 4 | | counts are reported in the federal decennial census that |
| 5 | | contain the last address at which the person resided before the |
| 6 | | person's incarceration according to the report and, if that |
| 7 | | address is in this State:
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| 8 | | (1) Adjust all relevant population counts reported in
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| 9 | | the census, including populations by age, gender, and race, |
| 10 | | as if the person resided at that address on the day for |
| 11 | | which the census reports population.
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| 12 | | (2) Eliminate the person from all applicable |
| 13 | | population counts reported in the federal decennial census |
| 14 | | for the geographic units that include the facility at which |
| 15 | | the person was incarcerated on the day for which the census |
| 16 | | reports population.
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| 17 | | Section 30. Use of census information in redistricting. |
| 18 | | (a) Each political subdivision of the State that elects any |
| 19 | | members of a governmental body from election districts, wards, |
| 20 | | or precincts that are subject to the one-person one-vote |
| 21 | | requirement of the Constitution of the United States that |
| 22 | | redistricts after the Secretary of State adjusts population |
| 23 | | levels shall ensure that each of those election districts, |
| 24 | | wards, or precincts are redistricted according to the most |
| 25 | | recent adjusted population counts prepared by the Secretary of |
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| 1 | | State. |
| 2 | | (b) A State governmental body, including the General |
| 3 | | Assembly and any State court, that redistricts any election |
| 4 | | districts subject to the one-person one-vote requirement of the |
| 5 | | Constitution of the United States shall comply with the |
| 6 | | restriction provided by subsection (a). |
| 7 | | (c) A governmental entity to which this Section applies may |
| 8 | | exceed the adjusted population restrictions required by this |
| 9 | | Section only to the extent necessary to comply with federal |
| 10 | | law.
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| 11 | | Section 99. Effective date. This Act takes effect January |
| 12 | | 1, 2020.
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