Perhaps lawmakers in Illinois are now fearing the redistricting process for 2012. Here’s the latest news from Prisoners of the Census, a Census Bureau reform group that MyTwoCensus supports.
Posts Tagged ‘prisoners’
The following comes from PrisonersOfTheCensus.org:
April 13, 2010 – Today, Governor Martin O’Malley signed into law a bill ensuring that incarcerated persons will be counted as residents of their home addresses when new state and local legislative districts are drawn in Maryland.
The U.S. Census counts incarcerated people as residents of the prison location. When state and local government bodies use Census counts to draw legislative districts, they unintentionally enhance the weight of a vote cast in districts that contain prisons at the expense of all other districts in the state. Maryland is the first state to pledge to collect the home addresses of incarcerated people and correct the data state-wide.
The new law will help Maryland correct past distortions in representation caused by counting incarcerated persons as residents of prisons, such as the following:
- 18% of the population currently credited to House of Delegates District 2B (near Hagerstown) is actually incarcerated people from other parts of the state. In effect, by using uncorrected Census data to draw legislative districts, the legislature granted every group of 82 residents in this districts as much political influence as 100 residents of every other district.
- In Somerset County, a large prison is 64% of the 1st County Commission District, giving each resident in that district 2.7 times as much influence as residents in other districts. Even more troubling is that by including the prison population as “residents” in county districts, the county has been unable to draw an effective majority-African American district and has had no African-American elected to county government, despite settlement of a vote dilution lawsuit in the 1980s.
The problem is national as well. One legislative district in New York includes 7% prisoners; a legislative district in Texas includes 12% prisoners; and 15% of one Montana district are prisoners imported from other parts of the state. Indeed, the 2010 Census will find five times as many people in prison as it did just three decades ago. To address this problem, eight other states have similar bills pending in the current session or being prepared for reintroduction in the next legislative session: Connecticut, Florida, Illinois, Minnesota, New York, Oregon, Rhode Island, and Wisconsin.
“The Maryland legislature has taken a much-needed step to ensure fairness in redistricting and reflect incarcerated populations in a more accurate way. Maryland’s action should pave the way for other states to end the distortions caused by counting incarcerated persons in the wrong place,” said Peter Wagner, Executive Director of the Prison Policy Initiative.
“Maryland’s ‘No Representation without Population’ Act will bring the state’s redistricting practices in line with the rules Maryland uses for determining legal residence of incarcerated persons for other purposes. We applaud this common-sense solution to a growing problem of fairness in representation,” said Brenda Wright, Director of the Democracy Program at Demos.
The legislation, passed as H.B. 496 and S.B.400, applies only to redistricting and would not affect federal funding distributions.
The Prison Policy Initiative and Demos have a national project to end prison-based gerrymandering, seeking to change how the U.S. Census counts incarcerated people and how states and local governments use prison counts when drawing districts. The two groups provided technical assistance to the American Civil Liberties Union (ACLU) of Maryland and the Legislative Black Caucus of Maryland who led this effort.
In addition, Mr. Wagner and Ms. Wright both testified in support of Maryland’s new law at legislative hearings this spring. Their testimony pointed out that HB496/SB400 has precedent in the practice of more than 100 rural counties around the country that currently revise the Census Bureau’s prison counts for internal districting purposes, and in the laws of states such as Kansas that adjust the Census for other purposes.
PPI and Demos long have advocated for the Census Bureau to change its practices so that incarcerated persons would be counted at their home residences on a nationwide basis. While it is too late for that change to be made for the 2010 Census, the Census Bureau’s recent decision to accelerate the release of its prison count data so that states can more readily identify prison populations in the Census will be helpful to states such as Maryland that wish to make their own adjustments.
PPI and Demos applaud the lead sponsors of the legislation, Delegate Joseline Pena-Melnyk and Senator Catherine Pugh, who deserve special credit for their leadership on this issue. Although both represent legislative districts that contain large prison populations currently counted as part of their districts, both recognized that the issue of fairness and accuracy in statewide redistricting should take precedence over individual concerns. PPI and Demos are also encouraged by the bi-partisan support for the bill including that of Republican Senators J. Lowell Stoltzfus and Donald F. Munson.
From the Herald-Mail in Maryland:
Bill would alter inmate count for Census
By ERIN JULIUS
ANNAPOLIS — Washington County might lose about 6,000 people from its legislative and congressional districts because of a bill that has been passed by both chambers of the Maryland General Assembly.
The bill excludes state inmates who were not state residents before their incarceration, and requires that prisoners be counted as residents of their last known address before prison.
About 6,000 prisoners are housed in the three state prisons south of Hagerstown, a prison spokesman said Friday.
Local jail populations are not included in the bill.
All but one of Washington County’s eight local lawmakers voted against the measure.
The change in how to count the population will be relevant in creating legislative districts for the U.S. Congress, Maryland General Assembly, and county and municipal governing bodies, according to the bill.
Del. Christopher B. Shank, R-Washington, called the bill “a blatant power grab by, predominantly, the Baltimore City delegation.” Changing how prisoners are counted will benefit the Baltimore City and Prince George’s County delegations because most of the prisoners in the state prison system are from the more urban areas of the state.
Sen. George C. Edwards, R-Garrett/Allegany/Washington, also expressed concerns. Two areas Edwards represents — Washington and Allegany counties — would be affected.
About 3,000 state prisoners are held in two facilities near Cumberland, a prison spokesman said.
Another 1,503 prisoners are held by the Bureau of Prisons at a federal facility in Cumberland, according to a fiscal note prepared by the Department of Legislative Services that was attached to the bill.
After the 2000 census, the ideal population for a General Assembly district — with a plus or minus 5 percent margin of error — is 112,691. The ideal congressional district size is 662,061.
The state legislative districts are expected to increase to about 120,000 following the 2010 census, and the congressional districts are expected to grow to about 722,425, according to the fiscal note.
Edwards believes the change in population counts — taking 4,000 people out of Allegany County’s population — could push the outlines of his district, District 1, further east into Washington County because Garrett and Allegany counties are not growing, Edwards said.
However, it’s tough to judge what will happen without the numbers, and with a margin of error of plus or minus 5 percent, things might stay as they are, he said.
It’s unfair, however, because having prison facilities in its midst puts pressure on a community’s public services, Edwards said. (more…)
Since MyTwoCensus.com added a Twitter widget to the lower right side of our page in December 2009, it has been very easy to observe Tweets and dialogues from across the US that pertain to the 2010 Census. However, last week, we noticed a suspicious Tweet (see below) and contacted the person who posted it. Thus far, we have not recieved a response, but we must wonder: Are federal, state, regional, or local agencies hiring people (at $29.50 per hour!!!) to complete 2010 Census forms on behalf of prisoners? Is this legal? Will this produce a fair and accurate count? On Friday, we inquired about this Tweet with the Census Bureau. They have not yet responded to our inquiry.
Note: Follow us on Twitter at Twitter.com/MyTwoCensus
From the New York Times (click here for full article):
For decades, predominantly rural and Republican districts have had extra clout in state and local legislative bodies because their large inmate populations were counted as local residents in apportioning representation. Now, the Census Bureau has agreed to give states a tool that could dilute the political power of those districts.
In May 2011, in time for Congressional and legislative reapportionment, the bureau will identify exactly where group quarters like prisons are and how many people occupy them. States would then have the option of counting them in the local population or not.
“This removes a technical problem,” said Peter Wagner, executive director of the Prison Policy Initiative, an advocacy group that favors alternatives to prison sentences and urges that inmates be counted in their hometowns. “The census is going to say where the prisons are and how many people are in them, which will enable states the practical choice of counting them in the wrong place or not counting them at all.”
Mr. Wagner and other groups had originally asked the bureau to determine the home addresses of inmates and to count them at those addresses, but the 2010 census process was too far along for that change to be considered.
A number of states — including Florida, Illinois, Maryland, New York and Wisconsin — are weighing legislation requiring that prisoners be counted at their last known address — for purposes of reapportionment, a change that would likely favor larger and mostly Democratic cities.
In New York, the change could prove pivotal because of the see-saw fight for control of the State Senate and the fact that the state faces the loss of at least one Congressional seat after the 2010 census.
Update: A reader provided us with a link to a document that shows the Census Bureau’s 2006 position on this issue in the from a comprehensive report. The report concludes the following:
“Counting prisoners at a ‘permanent home of record’ address, rather than at their place of
incarceration, would result in increased cost both to the decennial census program and to
the Federal, State, and local correctional facilities that would be required to participate in
data collection efforts. Our study raises concerns that this change would result in
decreased accuracy for a possibly large proportion of millions of individuals confined on
Census day. The completeness of the census count would be compromised for prisoners
that cannot provide a valid address, and we have no method of determining how many
individuals would fall into that category. Further, a fundamental shift for the enumeration
of correctional facilities would likely have a negative impact on other Group Quarters