                                 CODE OF VIRGINIA

POPULATION DATA; REALLOCATION OF PRISON POPULATIONS (§ 24.2-314)

A. Persons incarcerated in federal correctional facilities and in state and
local correctional facilities, as those terms are defined in § 53.1-1, shall be
counted and reallocated for redistricting and reapportionment purposes in
accordance with the provisions of this section and the following:

   1. A person incarcerated in a federal, state, or local correctional facility
   whose address at the time of incarceration was located within the Commonwealth
   shall be deemed to reside at such address.

   2. A person incarcerated in a federal, state, or local correctional facility
   whose address at the time of incarceration was located outside of the
   Commonwealth or whose address at the time of incarceration cannot be
   determined shall be deemed to reside at the location of the facility in which
   he is incarcerated.

B. By July 1 of any year in which the decennial census is taken, the Department
of Corrections and the State Board of Local and Regional Jails shall provide to
the Division of Legislative Services, in a format specified by the Division of
Legislative Services, the following information for each person who was
incarcerated in a state or local correctional facility on April 1 of that year:

   1. A unique identifier, other than his name or offender identification number,
   assigned by the Department of Corrections or the State Board of Local and
   Regional Jails for this purpose;

   2. His residential street address at the time of incarceration, or other legal
   residence, if known;

   3. His race, his ethnicity as identified by him, and whether he is 18 years of
   age or older; and

   4. The street address of the correctional facility in which he was
   incarcerated on April 1 of that year.

C. The Division of Legislative Services shall request each agency operating a
federal correctional facility in the Commonwealth that incarcerates persons
convicted of a criminal offense to provide to the Division of Legislative
Services by July 1 of any year in which the decennial census is taken a record
containing the information specified in subsection B for each person who was
incarcerated in the facility on April 1 of that year. Any person incarcerated in
a federal correctional facility for whom a record is not received by the
Division of Legislative Services shall be deemed to have an address at the time
of incarceration that cannot be determined.

D. The Division of Legislative Services shall prepare adjusted population data,
including race and ethnicity data, in a manner that reflects the inclusion of
incarcerated persons in the population count of the locality in which he is
deemed to reside pursuant to subdivision A 1 or 2.
			This adjusted population data shall be used for purposes of redistricting and
reapportionment and shall be the basis for congressional, state Senate, House of
Delegates, and local government election districts. This adjusted population
data shall not be used in the distribution of any federal or state aid.

E. The Division of Legislative Services shall make the adjusted population data
available no later than 30 days following receipt of population data from the
United States Bureau of the Census pursuant to P.L. 94-171. In making this data
available, the Division of Legislative Services shall ensure no information
regarding a specific incarcerated person&#8217;s address at the time of
incarceration is made public.

HISTORY: 2020, cc. 759, 1229, 1265.