BySenate State Government, Tribal Relations & Elections (originally sponsored by Senators Darneille and Hunt)

AN ACT Relating to ensuring accurate redistricting by counting individuals in state custody as residents of their last known place of residence; and adding a new section to chapter 44.05 RCW.

NEW SECTION. Sec. 1. A new section is added to chapter 44.05 RCW to read as follows:

(1) After April 1st of each year ending in zero, and by July 1st of each year ending in zero, the department of corrections shall furnish to the redistricting commission the following information regarding the last known place of residence of each inmate incarcerated in a state adult correctional facility:

(a) A unique identifier, other than the inmate's department of corrections number; and

(b) Last known place of residence information sufficiently specific to determine the congressional and state legislative districts in which the inmate's last known place of residence is located.

(2) After April 1st of each year ending in zero, and by July 1st of each year ending in zero, the department of social and health services shall furnish to the redistricting commission the following information regarding the last known place of residence of each person eighteen years of age or older residing or placed in a juvenile justice facility or involuntary commitment facility:

(a) A unique identifier, other than the person's patient identification number; and

(b) Last known place of residence information sufficiently specific to determine the congressional and state legislative districts in which the inmate's last known place of residence is located.

(3) The department of corrections shall not furnish information for inmates whose last known place of residence is outside of Washington or whose last known place of residence cannot be determined.

(4) The department of social and health services shall not furnish information for persons residing or placed in a juvenile justice facility or involuntary commitment facility whose last known place of residence is outside of Washington or whose last known place of residence cannot be determined.

(a) Deem each inmate incarcerated in a state adult correctional facility and person residing or placed in a juvenile justice facility or involuntary commitment facility as residing at his or her last known place of residence, rather than at the institution of his or her incarceration, residence, or placement;

(b) Regardless of the form in which the information is furnished, refrain from publishing any information regarding a specific inmate's or resident's last known place of residence;

(c) Deem an inmate or resident in state custody in Washington whose last known place of residence is outside of Washington or whose last known place of residence cannot be determined to reside at an unknown geographical location in the state and exclude the inmate or resident from the population count for any district, ward, or precinct; and

(d) Adjust race and ethnicity data in districts, wards, and precincts that contain prisons, juvenile justice facilities, or involuntary commitment facilities in a manner that reflects reductions in the local population as inmates and residents are included in the population count of the district, ward, or precinct of their last known place of residence.

(a) "Inmate incarcerated in a state adult correctional facility" includes an inmate who has been transferred to a facility outside of Washington to complete his or her term of incarceration.

(b) "Last known place of residence" means the address at which the inmate was last domiciled prior to his or her current term of incarceration, as determined from the court records of the county in which the inmate was sentenced to his or her current term of incarceration.

(c) "Person eighteen years of age or older residing or placed in a juvenile justice facility or involuntary commitment facility" includes a person who has been transferred to a facility outside of Washington.

(d) "Resident" includes persons residing or placed in a juvenile justice facility or involuntary commitment facility.