Prison Policy Initiative

Similar documents
Origin of the problem of prison-based gerrymandering

Summary of the U.S. Census Bureau s 2016 County-Level Population and Component Estimates for Massachusetts

Testimony of Peter Wagner, Executive Director, Prison Policy Initiative. Before the Joint Committee on Judiciary of the Connecticut General Assembly

Summary of the U.S. Census Bureau s 2015 County-Level Population and Component Estimates for Massachusetts

June 11, Commissioner Susan A. Gendron Maine Department of Education 23 State House Station Augusta, ME Dear Commissioner Gendron,

Don t just stand there...

FREE THE VOTE. A Progressive Agenda to Protect and Expand the Right to Vote. presented at the 2013 Progressive Mass Policy Conference.

ADJUSTING THE CENSUS TO AVOID PRISON GERRYMANDERING IS QUITE COMMON

Don t just stand there...

NEW YORK STATE SENATE PUBLIC MEETING ON REDISTRICTING DECEMBER 14, 2010

How to Run for Office in Massachusetts

HOUSE DOCKET, NO. 308 FILED ON: 1/13/2015. HOUSE... No The Commonwealth of Massachusetts PRESENTED BY: John W. Scibak

The Commonwealth of Massachusetts Committee for Public Counsel Services 44 Bromfield Street, Boston, MA

BYLAWS of the MASSACHUSETTS ASSOCIATION OF LAND SURVEYORS AND CIVIL ENGINEERS, INC.

For more information, visit us at or us at

Chapter 21: Administration of Justice

All People are Equal, but Some People are More Equal Than Others

Guide to 2011 Redistricting

Redistricting in Louisiana Past & Present. Regional Educational Presentation Baton Rouge December 15, 2009

APPORTIONMENT Statement of Position As announced by the State Board, 1966

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF RHODE ISLAND

DISPROPORTIONATE MINORITY CONFINEMENT IN MASSACHUSETTS

POLL: CLINTON MAINTAINS BIG LEAD OVER TRUMP IN BAY STATE. As early voting nears, Democrat holds 32-point advantage in presidential race

SENATE DOCKET, NO. 954 FILED ON: 1/19/2017. SENATE... No The Commonwealth of Massachusetts PRESENTED BY: Harriette L.

One Bulfinch Place, Suite 202 Boston, MA

HOUSE DOCKET, NO. 779 FILED ON: 1/17/2017. HOUSE... No The Commonwealth of Massachusetts PRESENTED BY: Paul McMurtry and Steven S.

Redistricting 101 Why Redistrict?

CSG JUSTICE CENTER MASSACHUSETTS CRIMINAL JUSTICE REVIEW

Personhuballah v. Alcorn, No. 3: 13-cv-678

The 2020 Census, Gerrymandering, and Voter Suppression

HOUSE DOCKET, NO FILED ON: 1/17/2019. HOUSE... No. The Commonwealth of Massachusetts PRESENTED BY: Marjorie C. Decker

Special Report October 2, 2018

Redistricting in Louisiana Past & Present. Regional Educational Presentation Monroe February 2, 2010

HOUSE DOCKET, NO FILED ON: 1/16/2019. HOUSE... No The Commonwealth of Massachusetts PRESENTED BY: Kay Khan

Sully District Fairfax County. Prepared by Ralph Hubbard Sully Supervisor Representative Fairfax County Redistricting Committee 3/23/2011

2010 CENSUS POPULATION REAPPORTIONMENT DATA

Prison-based Gerrymandering in Virginia. by Karen Kimball, member of the League of Women Voters of Arlington, Virginia

Timeline of Massachusetts Incarcerated Voting Rights

MASSACHUSETTS BAY CONSTABLES ASSOCIATION, INC.

LEGAL ISSUES FOR REDISTRICTING IN INDIANA

at New York University School of Law A 50 state guide to redistricting

Redistricting & the Quantitative Anatomy of a Section 2 Voting Rights Case

2010 Census Residence Rule and Residence Situations

Case 5:12-cv KHV-JWL- Document 229 Filed 05/29/12 Page 1 of 10 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS

AN AMENDMENT TO ESTABLISH THE ARKANSAS CITIZENS' REDISTRICTING COMMISSION

Case 5:12-cv KHV-JWL- Document 53 Filed 05/21/12 Page 1 of 19 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS

Fair Representation and the Voting Rights Act. Remedies for Racial Minority Vote Dilution Claims

crossroads AN EXAMINATION OF THE JAIL POPULATION AND PRETRIAL RELEASE

New York Redistricting Memo Analysis

WHAT IS REDISTRICTING. AND WHAT IS THE IMPACT ON MY COUNTY?

Case 5:11-cv OLG-JES-XR Document 9 Filed 06/14/11 Page 1 of 11

Stanislaus County Civil Grand Jury OAKDALE IRRIGATION DISTRICT REDISTRICTING Case # 17-19C

Overview. League of Women Voters: The Ins and Outs of Redistricting 4/21/2015

SENATE CONCURRENT RESOLUTION No. 152 STATE OF NEW JERSEY. 218th LEGISLATURE INTRODUCED NOVEMBER 26, 2018

CITIZEN ADVOCACY CENTER

Should Politicians Choose Their Voters? League of Women Voters of MI Education Fund

Cooper v. Harris, 581 U.S. (2017).

SENATE DOCKET, NO. 98 FILED ON: 1/11/2017. SENATE... No The Commonwealth of Massachusetts PRESENTED BY: Michael J. Barrett

Testimony of Dale Ho. Assistant Counsel, Political Participation Group. NAACP Legal Defense and Educational Fund, Inc. In Support of AB 420

CHAPA Recommendations for Affordable Housing and Homelessness Prevention Programs in the FY2016 Budget

Redrawing the Map: Redistricting Issues in Michigan. Jordon Newton Research Associate Citizens Research Council of Michigan

Congress has three major functions: lawmaking, representation, and oversight.

RIGHTS REGARDING INVOLUNTARY CIVIL COMMITMENT FOR TREATMENT OF AN ALCOHOL AND SUBSTANCE USE DISORDER IN MASSACHUSETTS

Committee on Redistricting January 18, 2011

Hearing of the New York State Standing Committee on Elections April 25, Testimony of Steven Carbó, Senior Program Director, Demos

REDISTRICTING REDISTRICTING 50 STATE GUIDE TO 50 STATE GUIDE TO HOUSE SEATS SEATS SENATE SEATS SEATS WHO DRAWS THE DISTRICTS?

GIS in Redistricting Jack Dohrman, GIS Analyst Nebraska Legislature Legislative Research Office

The Impact of Drug and Marijuana Arrests Within the Largest Cities of Massachusetts

PRISON POLICY INITIATIVE

SENATE, No. 758 STATE OF NEW JERSEY. 218th LEGISLATURE PRE-FILED FOR INTRODUCTION IN THE 2018 SESSION

COMMONWEALTH vs. SCOTT JOSEPH BOLTON. No. 16-P-960. Worcester. October 18, November 16, Present: Massing, Kinder, & Ditkoff, JJ.

Realistic Guidelines: Making it Work

The National Legislature Chapter 10 Section 1

Local Opportunities for Redistricting Reform

REDISTRICTING commissions

THE VOTING RIGHTS OF PEOPLE WITH CRIMINAL CONVICTIONS IN NEW YORK

NORTH CAROLINA QUICK TIPS FOR VOTERS

WHERE WE STAND.. ON REDISTRICTING REFORM

A National Assessment of Public Defender Office Caseloads

RACIAL GERRYMANDERING

UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT. No

VOTER ENGAGEMENT FOR OHIO NONPROFITS. Getty Images Gabriel Hackett

MICHIGAN S CONSTITUTION

MN LET THE PEOPLE VOTE COALITION INFORMATION SHEETS ON SOME PROPOSED CAUCUS RESOLUTIONS FOR FEBRUARY 6, 2018 CAUCUSES JANUARY 22, 2018

New Hampshire is an increasingly mobile state, with

AMICUS CURIAE BRIEF OF PHILIP P. KALODNER IN SUPPORT OF NEITHER PARTY

The Election Process From a Data Prospective. By Kimball Brace, President Election Data Services, Inc. 2017

California Frequently Asked Questions

CHAPTER 686 THE COMMONWEALTH OF MASSACHUSETTS IN THE YEAR ONE THOUSAND NINE HUNDRED AND SEVENTY

INSTRUCTIONS FOR WRITING YOUR BILL

Memo. Executive Office of the Trial Court To Mark Leahy Executive Director Mass.

CIRCULATOR S AFFIDAVIT

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND GREENBELT DIVISION CIVIL ACTION NO: 8:11-CV RWT. PATRICIA FLETCHER, et al.

Deliberative Polling Post- survey

Evidence-Based Policy Planning for the Leon County Detention Center: Population Trends and Forecasts

CTAS e-li. Published on e-li ( May 13, 2018 Duties-County Election Commission

Department of Justice

Apportionment Problems

The Geography of Incarceration in a Gateway City

FIRST VOTE A GUIDE FOR NEW VOTERS IN NEW YORK STATE *Written and distributed by the League of Women Voters of New York State

Transcription:

Prison Policy Initiative Peter Wagner Executive Director pwagner@prisonpolicy.org (413) 527-0845 Testimony of Peter Wagner, Executive Director, Prison Policy Initiative Before the Special Joint Committee on Redistricting of the Massachusetts General Court May 31, 2011 Thank you, Chairman Rosenberg, Chairman Moran, and members of the Committee for providing the opportunity for testimony here today. I am an attorney and the Executive Director of the Prison Policy Initiative, a national, non-profit, non-partisan research and policy organization, established in 2001, with an office in Easthampton Massachusetts. Our largest project concerns what the New York Times editorial board has coined prison-based gerrymandering. The Census Bureau counts incarcerated people as if they were residents of the census blocks that contain correctional facilities, and not as residents of their legal addresses. When legislative bodies use Census counts of correctional facilities to draw legislative districts, they unintentionally grant extra representation to those districts and dilute the votes of every resident of every district without a large prison. For the last decade, I have been working to convince the Census Bureau to change where it counts incarcerated people, and working with state and local governments on interim solutions. Most notably, Maryland and New York have changed their laws and will be counting incarcerated people at home for redistricting purposes in this round of redistricting. Unfortunately, a restrictive state constitutional clause in Massachusetts may make a similar effort difficult here, but there are other things you can do. First, the state can simply ask the Census Bureau to change where it counts incarcerated people. The Census has historically been responsive to requests from the state, and a resolution from the Massachusetts legislature requesting a change in the residence rule for incarcerated people would carry great weight for the Census 2020 planning process. Second, the state can use its existing discretion to draw the districts this year to minimize, if not entirely eliminate, the harm of prison-based gerrymandering. I understand that at the Dorchester hearing, my colleague Brenda Wright of Dēmos briefly discussed this solution with you. I d like to speak in more detail about how you can do that. As you know, state legislative districts need not be exactly equal. The Supreme Court has said

that it will assume any population deviations of 5% from the ideal district size had a legitimate state purpose, 1 and Massachusetts has traditionally used that population variation in its districts. If the joint committee made avoiding prison-based gerrymandering a priority, you could use that allowable discretion to avoid the problems seen in the last round of redistricting. I d like to share two problems I discovered in my research, 2 and then discuss a few solutions. Problems seen in 2000 Problem 1. Large prisons were often in districts at the low end of the acceptable population range. In this example from the last round of redistricting, the 3rd Suffolk District had a Census population of 37,986, just above the then-minimum of 37,698. But this district reached that population only by claiming the 1,549 people incarcerated at the Suffolk County House of Correction as residents. The actual population of this district was about 8% below the ideal district size, giving every 92 actual residents of this district the influence of 100 residents in other parts of the state. Problem 2. One district that likely had a large number of incarcerated people living in it was drawn at the high end of the acceptable population range. In this example from the last round of redistricting, the 12th Hampden district in Springfield and Wilbraham was drawn to contain 41,642 just below the then-maximum of 41,666. But as this district includes Springfield which has one of the highest rates of incarceration in the state, a large number of people in prison are residents of this district, and the actual population was likely out of the permissible range. As I explained above, using incarcerated people to pad the legislative districts that contain the prisons dilutes the votes The actual population of this district was smaller than the minimum allowable. of all residents who live in other districts, but the communities that are denied their true populations pay an additionally high price. Springfield!m Springfield E. Longmeadow Wilbraham 2002 District: 3rd Suffolk Allowable District Size in 2002: 37,698-41,666 3rd Suffolk Census population: 37,986 Prison population: 1,549 Actual population: 36,437 2002 District: 12th Hampden Allowable District Size in 2002: 37,698-41,666 Census population: 41,642 Residents incarcerated elsewhere: Likely sizable Actual population: Likely more than 41,666 If incarcerated people had been counted at home, this district would be outside federal requirements and would have to be redrawn. 1 White v. Regester, 412 U.S. 755 (1973). 2 Elena Lavarreda, Peter Wagner and Rose Heyer, Importing Constituents: Prisoners and Political Clout in Massachusetts, Prison Policy Initiative, October 6, 2009 available at http://www.prisonersofthecensus.org/ma/report.html page 2

Suggested solutions: Massachusetts can take 3 easy steps to minimize prison-based gerrymandering in this round of redistricting. 1. Be aware of which census blocks contain correctional facilities. For the first time, the Census Bureau has released the group quarters counts in time for redistricting. 3 You can now know for sure exactly which populations are incarcerated. For quick reference here, Laura Meyer of Dēmos and I prepared this annotated list of the significant federal, state and local correctional facilities reported by the Census Bureau in the Bureau s Advance Group Quarters Summary File. County Tract Block Correctional Population Facility Name(s) Barnstable 014100 1188 438 Barnstable County Jail & House of Correction Berkshire 901100 4013 352 Berkshire County Jail & House of Correction Bristol 651700 2007 185 Ash Street Jail and Regional Lock-Up Bristol 653102 2022 1,133 Bristol County House Of Correction, Jail, & Women s Center; C. Carlos Carreiro Immigration Detention Center Dukes 200300 3039 30 Dukes County Jail & House of Correction Essex 212100 4009 1,196 Essex County Correctional Center Essex 250800 3005 215 Essex County Alternative Correctional Center Essex 267102 3039 20 Essex County Women in Transition Franklin 041400 1000 176 Franklin County Jail and House of Correction Hampden 801102 2000 160 Western Massachusetts Correctional Alcohol Center Hampden 810414 1007 1,069 Hampden County Hampden 810414 1016 159 Hampden County Hampden 810902 3044 110 Western Massachusetts Women's Correctional Center Hampshire 821903 2001 249 Hampshire County Jail Middlesex 316400 6001 798 Middlesex County Jail & House of Correction Middlesex 361200 1003 1,122 MCI Concord Middlesex 361300 4044 272 Northeastern Correctional Center Middlesex 383101 1014 763 So Middlesex Correctional Center, MCI Framingham Middlesex 388200 3086 1,454 MCI Shirley Norfolk 402500 2016 610 Norfolk County Jail Norfolk 409101 3017 1,491 MCI Norfolk Norfolk 409101 3029 318 Bay State Correctional Center Norfolk 409101 3042 186 Pondville Correctional Center Norfolk 409101 3048 246 MCI Cedar Junction Norfolk 411302 2021 482 MCI Cedar Junction Plymouth 525300 1016 874 Massachusetts Treatment Center Plymouth 525300 1019 170 Old Colony Correctional Center Plymouth 525300 1026 1,010 Bridgewater State Hospital Plymouth 530600 1021 1,319 Plymouth County Correctional Facility Plymouth 530600 4046 197 MCI Plymouth Suffolk 010404 2000 81 Coolidge House Suffolk 020303 2013 727 Suffolk County Jail Suffolk 071101 3002 21 McGrath House (Women) Suffolk 080100 1002 1,512 Suffolk County House of Correction Suffolk 980300 1025 25 Lemuel Shattuck Hospital Suffolk 981100 4004 193 Boston Pre-Release Center Worcester 707500 2027 1,021 NCCI/Gardner Worcester 713100 4001 1,259 Souza-Baranowski Correctional Center Worcester 729100 1048 1,138 Worcester County Jail and House of Correction Worcester 761400 6154 1,194 FMC Devens 3 Census Bureau s Advance Group Quarters Summary File available at http://www.census.gov/rdo/data/ 2010_census_advance_group_quarters_summary_file.html and Demos and Prison Policy Initiative press release Advocates Hail Census Bureau s Release of Data to Assist in Correcting Prison-Based Gerrymandering, April 20, 2011, available at http:// www.prisonersofthecensus.org/news/2011/04/20/groupquartersreleased/ page 3

2. Make sure that multiple large prisons are not put within the same district. Conveniently for Massachusetts, no individual prison is larger than the allowable population deviation. As long as multiple large prisons are not clustered together in the same district, it should be possible keep the actual population of each district within the traditional maximum population variance of 5%. 3. Deliberately overpopulate any district that contains a correctional facility by approximately the population size of the correctional facility. Not only can your committee take care to not greatly under-populate districts that contain correctional facilities or greatly overpopulate districts that disproportionately are home to incarcerated people as discussed above, but your committee can actually draw the lines to all but eliminate the effect of prison-based gerrymandering. You can do this through a careful use of your allowed population deviation between districts. The ideal size of House districts to be drawn this year is 40,923, with each district ranging in size from 38,877 to 42,969. I suggest that you deliberately overpopulate each district that contains a correctional facility by about the same population as the correctional facility. Each district will be within allowable federal limits on population variation by an analysis of both the Census figures and the actual residents of the state. 4 For example, if a prison has a population of 1,000 people, try to draw the district that contains this prison to contain about 41,923, instead of the ideal size of 40,923. Some Massachusetts precedent I would like to emphasize that responding to the Census Bureau s misallocation of prison populations is not new to Massachusetts. In 2001, the City of Gardner removed the prison population from the city council apportionment base in order to prevent the residents of the eastern side of the city (where the prison is located) from exercising undue influence over the city council. 5 m 2012 District: Hypothetical District with prison Ideal District Size in 2012: 40,923 Allowable District Size in 2012: 38,887-42,969 Census population: 41,923 Prison population: 1,000 Actual population: 40,923 Deliberately overpopulating this district by the prison population counted within it will result in a district with the ideal number of actual residents. 4 I note that Mahan v. Howell allows a state to have a higher population deviation of more than plus or minus 5% if it can show a legitimate state interest was met by doing so. I would argue that overpopulating a district by more than 5% ie. higher than the normal maximum of 42,969 would be entirely permissible when justified that the extra population is the result of a prison which contained residents from other parts of the state; but the size and distribution of Massachusetts prisons may make this argument unnecessary. 5 See sidebar: Peter Wagner, Gardner, MA rejects Census Bureau s prison count in Importing Constituents: Prisoners and Political Clout in Massachusetts, October 6, 2009 available at: http://www.prisonersofthecensus.org/ma/report.html#gardner page 4

And this year, the towns of Lancaster and Harvard have requested special legislation to allow the towns to exclude the prison populations from the population calculations used to determine if additional precincts, at an unnecessary fiscal cost, must be created. 6 It is clear under state law 7 that people in prison remain residents of their homes. For example, people incarcerated for misdemeanors and those awaiting trial who wish to vote must do so via absentee ballot at their home address. Prior to 2000, when all people in prison were allowed to vote, people incarcerated for felonies who chose to vote were also required to vote via absentee ballot at their home addresses. 8 The state legislative districts should be drawn on the same principle: a prison cell is not a residence. Thank you very much for this opportunity to testify. More info at: Importing Constituents: Prisoners and Political Clout in Massachusetts, is a district-by-district analysis of prison-based gerrymandering in Massachusetts state legislative districts: http:// www.prisonersofthecensus.org/ma/report.html Preventing Prison-Based Gerrymandering in Redistricting: What to Watch For is a guide for advocates who want to minimize the effects of prison-based gerrymandering in their state or community: http://www.demos.org/pubs/preventing_pbg.pdf States are Authorized to Adjust Census Data to End Prison-Based Gerrymandering, and Many Already Do is a fact sheet summarizing the discretion given under federal law to adjust the Census for redistricting purposes: http://www.prisonersofthecensus.org/factsheets/adjusting.pdf 6 The bills, H03440 and H03439, were ordered for a 3rd reading in the House on May 26, 2011. 7 See MA Const. Chapter I, Section II, Article II. And to remove all doubts concerning the meaning of the word inhabitant in this constitution, every person shall be considered as an inhabitant, for the purpose of electing and being elected into any office, or place within this state, in that town, district or plantation where he dwelleth, or hath his home. Also, the Supreme Judicial Court addressed the direct question of the compatibility of the federal census with the Massachusetts State constitutional definition of inhabitant in a 1974 Advisory opinion. Asked by the House of Representatives to determine whether the state census could use the usual residence rule of the federal census in conducting the state census, the Court issued a very clear no. Reiterating that the federal census uses a simple method and ignores domicile, the Court concluded: We think it clear without elaboration that a census that determines the place of which a person is an inhabitant on the basis of where he or she lives and sleeps most of the time will not satisfy the requirement of the Constitution of the Commonwealth that a person be assigned as an inhabitant to the place of his or her domicil. Opinion of the Justices, 365 Mass 661, 663-664 (1974). 8 In Dane v. Board of Registrars of Concord 374 Mass 152 (1977), the Supreme Judicial Court reiterated that prisoners are presumptively residents of their home districts and not of the prison district, although it did allow the Concord registrar to accept registrations from prisoners who had shown they had willingly established themselves as residents of the town of Concord. When such a showing was not present, the Supreme Judicial Court upheld the refusal of the Norfolk registrar to register 619 residents of Norfolk prison as residents of the town. Paul Ramos v. Board of Registrars of Voters of Norfolk, 374 Mass. 176 (1978) Subsequent legislation and Cepelonis v. Commonwealth, 389 Mass. 930 (1983) effectively removed this narrow discretion and required prisoners to vote via absentee ballot in their community of origin. Regardless of whether a specific prisoner was intending to never return home, state law barred him from adopting the prison address as his residence. page 5