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 April 4, 2022
Does the legislation address: | ||||||||||
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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), SB 171 (2021) | Del. Code Ann. tit. 29 § 804A | N/A | Yes | No | No | No | State - Yes (HB 384) | State, Federal | Counts at facility location (SB 171) |
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 |
Montana | [commission action] | N/A | No | Yes | No | No | No | |||
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) |
Pennsylvania | [commission action] | N/A | No | Yes | No | No | No | |||
Rhode Island | [commission action] | N/A | No | Yes | No | No | No | |||
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 | Yes | Yes | Yes | Yes | State adult, Juvenile | Counts at the facility location |