Substitute For

SENATE BILL NO. 494

A bill to require the collection of certain residential and demographic information of incarcerated individuals and to require the information to be reported in a certain manner; and to provide for the powers and duties of certain state officers and entities.

the people of the state of michigan enact:

Sec. 1. As used in this act:

(a) "Commission" means the independent citizens redistricting commission created under section 6 of article IV of the state constitution of 1963.

(b) "Demographic data" means an individual's race, whether the individual is of Hispanic or Latino origin, and whether the individual is over the age of 18 years.

(c) "Department" means the department of corrections.

(d) "Geographic unit" means an area for which a population count is reported in a federal decennial census and that contains a correctional facility, federal reentry facility, or a pre-incarceration address.

(e) "Incarcerated individual" means an individual under the jurisdiction of the department who is incarcerated in a correctional facility operated by the department.

(f) "Pre-incarceration address" means the address at which an individual resided before the individual's current incarceration.

Sec. 2. (1) Beginning 6 months after the effective date of this act, at the time an individual enters incarceration with the department, the department shall collect the incarcerated individual's pre-incarceration address and demographic data.

(2) No later than May 15 in the year immediately following a federal decennial census, the department shall, for each incarcerated individual who is incarcerated on the date of the census, provide to the commission the individual's pre-incarceration address and the geographic unit containing the correctional facility in which the individual is incarcerated.

(3) No later than April 15 in the year immediately following a federal decennial census, the department of state shall request the United States Department of Justice to provide a report of the following information that pertains to any individual who, on the date of the census, either was incarcerated in a federal correctional facility or contractual federal reentry center or was under the supervision of the United States Department of Justice:

(a) The street address of the correctional facility or center in which the individual was incarcerated or supervised.

(b) If applicable, the pre-incarceration address of the individual.

(c) The demographic data for the individual.

(4) The department of state shall provide any report received under subsection (3) to the commission.

(5) The commission may consider the information received under this section in proposing a redistricting plan under section 6 of article IV of the state constitution of 1963. If the commission requests assistance, the department of technology, management, and budget may provide assistance to the commission.

(6) The information provided to the commission under this section must not be used in the distribution of funds from this state or from the federal government.