California
Cal. Elec. Code § 21003
|
2012 |
2020 |
Both |
If in-state resident prior to incarceration: counted in last known residence’s district population
If out-of-state resident prior to incarceration, or unknown: excluded from all district populations
|
Excluded from all district populations |
Colorado
House Bill 20-1010 (to be added to CRS § 2-2-901 and 2-2-902)
|
2020 |
2020 |
Both |
If in-state resident prior to incarceration: counted in last known residence's district population
If out-of-state resident prior to incarceration, or unknown: the prisoners are counted for purposes of redistricting in the correctional facility.
|
Not addressed |
Connecticut
Public Act No. 21-13
|
2021 |
2021 |
Legislative |
If in-state resident prior to incarceration: counted in last known residence's district population
If out-of-state resident prior to incarceration, or unknown: counted for purposes of redistricting as generic residents of the state, as overseas residents and military personnel are counted.
** Persons serving life sentences without possibility of parole are counted as residents of the facility in which they are incarcerated **
|
If in-state resident prior to incarceration: counted in last known residence's district population
If out-of-state resident prior to incarceration, or unknown: counted for purposes of redistricting as generic residents of the state, as overseas residents and military personnel are counted.
** Persons serving life sentences without possibility of parole are counted as residents of the facility in which they are incarcerated **
|
Delaware
29 Del. Code tit. 29, § 804A |
2010 |
2020 |
Legislative
(note Delaware has just one congressional district)
|
If in-state resident prior to incarceration: counted in last known residence’s district population
If out-of-state resident prior to incarceration, or unknown: excluded from all district populations
|
If in-state resident prior to incarceration: counted in last known residence’s district population
If out-of-state resident prior to incarceration, or unknown: excluded from all district populations
|
Illinois
Public Act 0652 (2021)
(to be added to Illinois code)
|
2021 |
2025 (first used 2030) |
Both |
If in-state resident prior to incarceration: counted in last known residence’s district population
If out-of-state resident prior to incarceration, or unknown: excluded from all district populations
|
If in-state resident prior to incarceration: counted in last known residence’s district population
If out-of-state resident prior to incarceration, or unknown: excluded from all district populations
|
Maryland
MD State Gov’t Art. § 2-2A-01 (legislative)
MD Elec. Law Art. § 8-701 (congressional)
|
2010 |
2010 |
Both |
If in-state resident prior to incarceration: counted in last known residence’s district population
If out-of-state resident prior to incarceration, or unknown: excluded from all district populations
|
If in-state resident prior to incarceration: counted in last known residence’s district population
If out-of-state resident prior to incarceration, or unknown: excluded from all district populations
|
Montana
By commission resolution (forthcoming)
|
2021 |
2021 |
Legislative |
If in-state resident prior to incarceration: counted in last known residence’s district population
If out-of-state resident prior to incarceration, or unknown: excluded from all district populations
|
If in-state resident prior to incarceration: counted in last known residence’s district population
If out-of-state resident prior to incarceration, or unknown: excluded from all district populations
|
Nevada
Ass. Bill No. 450 (to be added to Nev. Rev. Stat. § 360)
|
2019 |
2020 |
Both |
If in-state resident prior to incarceration: counted in last known residence’s district population
If out-of-state resident prior to incarceration, or unknown: Not Addressed
|
Not Addressed |
New Jersey
S 758 (to be added to N.J.S.A.)
A 698 (to be added to N.J.S.A.)
|
2020 (Legislative)
2021 (Congressional)
|
2020 (Legislative)
2021 (Congressional)
|
Both |
If in-state resident prior to incarceration: counted in last known residence's district population
If out-of-state resident prior to incarceration, or unknown: excluded from all district populations
|
If in-state resident prior to incarceration: counted in last known residence's district population
If out-of-state resident prior to incarceration, or unknown: excluded from all district populations
|
New York
N.Y. Legis. Law § 83-m(13)
|
2010 |
2010 |
Legislative |
If in-state resident prior to incarceration: counted in last known residence’s district population
If out-of-state resident prior to incarceration, or unknown: excluded from all district populations
|
Excluded from all district populations |
Pennsylvania
Reapportionment Commission Resolution 4A (2021)
|
2021 |
2021 |
Legislative |
If in-state resident prior to incarceration: counted in last known residence's district population; if unknown, counted as resident of incarceration facility.
If out-of-state resident prior to incarceration, or unknown: excluded from all district populations
** Persons serving life sentences without possibility of parole are counted as residents of the facility in which they are incarcerated **
|
Not addressed
|
Virginia
VA Code Ann. § 24.2-314
|
2020 |
2020 |
Both |
If in-state resident prior to incarceration: counted in last known residence’s district population
If out-of-state resident prior to incarceration, or unknown: the prisoners are counted for purposes of redistricting in the correctional facility.
|
If in-state resident prior to incarceration: counted in last known residence’s district population
If out-of-state resident prior to incarceration, or unknown: the prisoners are counted for purposes of redistricting in the correctional facility.
|
Washington
WA S.B. 5287 (to be added to Wash. Rev. Code § 44.05)
|
2019 |
2020 |
Both |
If in-state resident prior to incarceration: counted in last known residence’s district population
If out-of-state resident prior to incarceration, or unknown: excluded from all district populations
** Also applies to incarcerated juveniles and involuntarily committed behavioral health patients **
|
Not Addressed |