LAWS OF DELAWARE
VOLUME 83
CHAPTER 128
151st GENERAL ASSEMBLY
FORMERLY
SENATE BILL NO. 171
AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO COUNTING INCARCERATED INDIVIDUALS FOR REDISTRICTING PURPOSES.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1. Amend § 804A, Title 29 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 804A. Determining district boundaries for incarcerated individuals; criteria. Criteria for counting incarcerated individuals for redistricting purposes.
(a) The General Assembly, in determining the reapportionment and redistricting for the State, applying the criteria set forth in § 804 of this title, and using the official reporting of the federal decennial census as set forth in § 805 of this title, shall may not count as part of the population in a given district boundary any an incarcerated individual who: who meets both of the following:
(1) Was incarcerated in a state state correctional facility in this State or federal correctional facility, as determined by the decennial census; and census.
(2) Was not a resident of the State before the person’s individual’s incarceration.
(b)(1) The General Assembly, in determining the reapportionment and redistricting for the State as provided in this subchapter, shall count as part of the population in a given district boundary any an individual incarcerated in a state state correctional facility in this State or federal correctional facility, as determined by the decennial census, if the individual was a resident of the State prior to before incarceration.
(2) Such individual shall be counted The General Assembly shall count the individual for reapportionment and redistricting purposes at the individual’s last known residence prior to before incarceration.
(c) This section shall does not apply to the redistricting of the State following the 2010 federal decennial census. This section shall apply applies to the redistricting of the State following each federal decennial census thereafter.
(d) The Department of Elections shall geocode the last known residence of an incarcerated individual that is provided by the Department of Correction or the Federal Bureau of Prisons and is required to be counted under section (b) of this section.
(1) On or before September 15 of the year of a federal decennial census, the Department of Correction shall provide to the Department of Elections information in the Department of Correction’s possession regarding the last known residence of an incarcerated individual required to be counted under subsection (b) of this section.
(2) The Department of Elections shall make reasonable efforts to correct a last known residence of an incarcerated individual that is not able to be geocoded, including by doing the following:
a. Verifying and correcting zip codes against the United States Postal Service zip code locator.
b. Correcting misspellings of city and street names.
c. Correcting or adding street suffixes against the United State Postal Service zip code locator.
d. Correcting street direction using the United States Postal Service zip code locator.
e. Removing extra information from the address field.
f. Removing an apartment number.
g. Removing a decimal point.
(3) The Department of Elections may request from a state or federal agency information necessary to geocode the last known residence of an incarcerated individual required to be counted under section (b) of this section.
(4) If, after making reasonable efforts under paragraph (d)(2) of this section, the Department of Elections is not able to geocode the last known residence of an incarcerated individual, the Department shall establish the last known residence of the incarcerated individual as the State correctional facility where the individual is incarcerated.
(5) The Department of Elections shall provide to the General Assembly the geocoded last known residence data for incarcerated individuals required to be counted under subsection (b) of this section on or before January 15 of the year following a federal decennial census.
(6) The Department of Elections may adopt regulations to implement this section.
Section 2. For purposes of redistricting the State for the general election of 2022, the following applies:
(1) The Department of Correction shall, as soon as practicable after the enactment of this Act, provide to the Department of Elections information in the Department of Correction’s possession regarding the last known residence of an incarcerated individual required to be counted under § 804A of Title 29 of the Delaware Code.
(2) The Department of Elections shall, as soon as practicable after the Department of Correction provides the information under paragraph (1) of this Section, provide to the General Assembly the geocoded last known residence data for incarcerated individuals as required under this Act.
Approved September 8, 2021