Quick-reference chart: States' legislation ending prison gerrymandering.
Over 10 states have now passed legislation to end various aspects of prison gerrymandering, and each charts a slightly different path to achieving that goal. We put together this quick-reference chart to help advocates sift through the substantive (but not always substantial) differences between the states' laws:
—Aleks Kajstura
last updated September 22, 2021
| Does the legislation address: | ||||||||||
|---|---|---|---|---|---|---|---|---|---|---|
| State | Legislative history | Statutory reference | Congressional districts? | State legislative districts? | County government districts? | City/Town council districts? | School Board districts? | Is the legislative solution mandatory? | What types of facilities are covered by the legislation? | How does the state count people with unknown or out-of-state addresses? |
| Sample | Model Legislation | Model Statute | No | Yes | Yes | Yes | Yes | Yes | State, Federal | Counts at-large |
| California | AB 420 (2011) AB 1986 (2012) AB 2172 (2018) AB 849 (2019) | Cal. Elec. Code § 21003 (general provisions), § 21500 (counties), § 21601 (general law cities), and § 21621 (chartered cities) | Yes | Yes | Yes | Yes | No | Congressional - Yes (AB 420) State - Citizens Redistricting Commission votes to adopt legislative recommendation (AB 420) Counties - Yes (AB 849) Cities/Towns - Yes (AB 849) | State | Counts at-large |
| Colorado | HB 20-1010 (2020) SB 02-007 (2002) HB 04-1230 (2004) | Colo. Rev. Stat. § 2-2-902; § 2-2-901; § 30-10-306 (1), (2), (4); § 30-10-306.7; § 22-31-105(2) and (7)(a); § 22-31-109; § 22-31-110(1)(b); and § 22-31-105(6.5) | Yes | Yes | Yes | No | Yes | Congressional - Contested, the Congressional Commission voted not to use the adjusted data (HB 20-1010) State - Yes, and the State Commission voted to use the adjusted data (HB 20-1010) Counties - Yes (SB 02-007) School Boards - Yes (HB 04-1230) | State, Federal | Counts at the facility location |
| Connecticut | SB 753 (2021) | Public Act No. 21-13 | No | Yes | County government doesn't exist in Conn. | Yes | No | State - Yes Cities/Towns - Yes | State, Federal | Counts at-large. All people serving LWOP are counted at the location of the facility regardless of their home address. |
| Delaware | HB 384 (2010) | Del. Code Ann. tit. 29 § 804A | N/A | Yes | No | No | No | Congressional - Yes (HB 384) State - Yes (HB 384) | State, Federal | Counts at-large |
| Illinois | HB 3653 (2021) | Public Act No. 101-0652 | No | Yes | No | No | No | State - Yes (HB 3653) | State, Federal | Counts at-large |
| Maryland | HB46/SB400 (2010) | Md. Code Ann. Elec. Law § 8-701, and Md. Code Ann. State Gov't § 2-2A-01 and Md. Code Ann. Local Gov't § 1-1307 | Yes | Yes | Yes | Yes | No | Congressional - Yes State - Yes Counties - Yes Cities/Towns - Yes | State, Federal | Counts at the facility location |
| Michigan | These sections were last amended by acts in 1966. | Mich. Comp. Laws § 46.404(g) Mich. Comp. Laws § 117.27a(5) | No | No | Yes | Yes | No | Counties - Yes (except fails to address federal facilities) (§ 46.404(g)) Cities/Towns - Yes (except fails to address federal) (§ 117.27a(5)) | State | N/A |
| Nevada | AB 450 (2019) | Nev. Rev. Stat. § 218B.080 and § 218B.105; §§ 218B at 218B.010 and 218B.050; § 209 at 209.131; § 304 at 304.065 and 304.060; and § 396 at 396.0414 and 396.031. | Yes | Yes | No | No | Board of Regents (higher ed.) | Congressional - Yes State - Yes School Boards - Yes, but as to Board of Regents only | State | Not specified by statute |
| New Jersey | S758 (2020) A698/S3964 (2021) | N.J. Stat. Ann. § 18A:13-8 (see also Board v. New Jersey, 372 N.J. Super. 341, 858 A.2d 576 (2004)), and § 52:4-1.1, § 52:4-1.2, § 52:4-1.3, § 52:4-1.4, and § 52:4-1.5 | Yes | Yes | Yes | Yes | Yes | Congressional - Yes (A698/S3964) State - Yes (S758) County - Yes (A698/S3964) City/Town - Yes (A698/S3964) School Boards - Yes (A698/S3964) | State, Federal | Counts at-large |
| New York | Part XX of the revenue budget (A9710D/S6610C) and technical amendment, A11597/S8415 (enacted in 2010) | N.Y. Correct. Law Section 71(8), adding N.Y. Legis. Law Section 83-m(13), and N.Y. Mun. Home Rule Law Section 10 (13) | No | Yes | Yes | Yes | No | State - Yes Counties - Yes Cities/Towns - Yes | State, Federal | Counts at-large (all people in federal facilities are counted at-large) |
| Tennessee | SB1811/HB2053 (2016) | Tenn. Code Ann. § 5-1-111 | No | No | Yes | No | No | Counties - No (explicitly permitted, but not required) | All correctional institutions | N/A |
| Virginia | HB 1339 (2013) HB 1255/SB 717 (2020) | Va. Code Ann. § 24.2-304.04, § 24.2-314, § 53.1-52, § 24.2-304.1, § 30-265, and § 53.1-10 | Yes | Yes | Yes | Yes | No | Congressional - Yes (HB 1255/SB 717) State - Yes (HB 1255/SB 717) Counties - Yes (HB 1255/SB 717) Cities/Towns - Yes (HB 1255/SB 717) | State, Federal, and Local | Counts at the facility location |
| Washington | SB 5287 (2019) | Wash. Rev. Code § 44.05.140 and § 4.05.090. | Yes | Yes | No | No | No | Congressional - Yes State - Yes | State adult, Juvenile | Counts at the facility location |
Recommended Reading:
About the Prison Policy Initiative
Learn more about the organization behind the Prison Gerrymandering Project.
The Racial Geography of Mass Incarceration
The transfer of Black and Latino incarcerated people to communities very different than their own is a nationwide problem.
Do prisons draw in Census money for their host communities? No.
We explain that prison gerrymandering is bad for democracy but federal & state aid are not impacted.
Prison-based Gerrymandering in Anamosa, Iowa
How a prison helped one man get elected with just two votes.