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 incarcerated 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 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.

(g) "Qualified individual" means an incarcerated individual who is incarcerated in a correctional facility operated by the department on the date on which a federal decennial census is completed.

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 individual's pre-incarceration address and demographic data. The department shall maintain the information required to be collected under this subsection in an electronic record.

(2) Not later than May 1 of each year in which a federal decennial census is taken, if the United States Census Bureau allocates a qualified individual as a resident of the geographic unit containing the correctional facility in which the qualified individual is incarcerated, the department shall provide all of the following information to the secretary of state regarding that qualified individual:

(a) A unique identifier.

(b) The street address of the correctional facility in which the individual is incarcerated.

(c) The pre-incarceration address listed in the department's electronic database.

(d) The demographic data.

(e) Any other information requested by the secretary of state.

(3) The department shall provide the information to the secretary of state under subsection (2) through the electronic record described under subsection (1). However, the information under subsection (2) must not be associated with the name of the qualified individual.

(4) The secretary of state shall request from the Federal Bureau of Prisons the information described in subsection (2)(a) to (e) that pertains to an individual incarcerated in a federal correctional facility located in this state for a conviction of a criminal offense.

(5) The secretary of state shall only disclose the information received under subsections (2) and (3) as provided under this subsection. The secretary of state shall use the information received or obtained under subsections (2) and (3) to prepare the report required under subsection (6). No later than October 15 in the year of the federal decennial census, the secretary of state shall make the report under subsection (6) available to the commission. The commission shall consider the report in proposing a redistricting plan under section 6 of article IV of the state constitution of 1963.

(6) The secretary of state shall prepare a report that modifies the population data from a federal decennial census as follows:

(a) If a qualified individual has a pre-incarceration address in this state, the secretary of state shall identify whether that individual is allocated to a geographic unit containing the correctional facility in which the individual is confined.

(b) If the qualified individual described under subdivision (a) has a pre-incarceration address in a different geographic unit from the geographic unit that contains the correctional facility in which the individual is confined, the secretary of state shall do both of the following:

(i) Remove the individual from the population count for the geographic unit containing the correctional facility.

(ii) Allocate the individual to the population count for the geographic unit containing the pre-incarceration address.

(7) The report prepared under subsection (6) must not be used in the distribution of funds from this state or from the federal government.