Thursday, July 18, 2024

U.S. States Target Prison Gerrymandering


Across the U.S., many far-flung Rural Communities, have outsized Political and Economic Clout due to the Number-of-People counted as Living there, even though many are there unwillingly as Prisoners in large Remote Jails.

But a growing number of States are moving to use the Home Addresses of Incarcerated People, often in Cities and Urban areas, in their Own Population Counts. Since 2010, New York has Passed Legislation to Count Prisoners at their Home Addess.

The growing push, Advocates say, seeks to Rredress this Imbalances, that result from Populations being used to Draw-Up the Boundaries of Legislative Districts, and sometimes Helping to determine how much Public Funding an Area receives.

It could also Correct Issues for some Minorities who are Under-Represented Politically, but Over-Represented in the Prison Population.

In May, Minnesota joined the Ranks of more than a Dozen States and more than 200 Localities that have moved to End or Restrict this Practice.

Starting after the Once-every-10-years U.S. Census in 2030, the State aims to Count Prisoners at their Home Addresses, rather than at the Address of the Correctional Facility where they are Housed.

The Prison Policy Initiative (PPI), which has closely Tracked and worked on the Issue for Decades, estimates that roughly Half of the U.S. Population now lives in a City, County, or State, that has moved to End or Restrict Prison Gerrymandering.

But when Counting the Country’s Population, the U.S. Census Bureau still uses a “Usual Residence” Rule: "People are Counted where they Live and Sleep most of the time". That means the Bureau generally Counts Incarcerated People at the Correctional Facility where they are Held.

However, that System is Misguided, said Mike Wessler, PPI’s Communications Director. “It kind of ignores some of the truths about incarceration people move frequently and people aren’t incarcerated for that long (of a) period of time, most of the time,” Wessler said.

“A lot of time they’re there just for a handful of Days. And if they happen to be there for the wrong days, they’re counted in the wrong place for 10 years. Such counts distort a state legislative district by between 8% to 12%, which can effectively translate to 90 people having the same amount of political clout in one district, as 100 do in another district”, Wessler said.

The Practice can have a Disproportionate effect on Minority Populations. Black People comprise about 14% of the U.S. Population, but more than a Third of the U.S. Prison and Jail Population, PPI has found.

In Montana, a Conservative-Leaning State with many vast Rural Areas, Lawmakers last year Voted to End Prison Gerrymandering.

Montana State Senator Jason Small (R-21st District), Two Native American Reservations, said the Old System could Distort how Indigenous Populations were Represented.

Native Americans make up about 7% of the State’s Population, but at least 20% of the State Prison Population, Research has found. “It’s extremely disproportionate ... those numbers really matter to the areas where they come from,” said Small, a Member of the Northern Cheyenne Tribe.

U.S. Rep. Deborah Ross (R-NC, 2nd District), whose Congressional District includes Central Prison, which houses Male Death Row Prisoners, is spearheading Federal Legislation to try to make Changes Nationwide.

“I’m not fighting to have all the people in Central Prison be counted in my district,” She said. “I think it’s better for them and their families to be counted where they’re from.” She recalled getting Mail from People at Central Prison, when she was a State Legislator.

“And a lot of it was complaining about the system of justice in the place where they lived, which was not the place that I represented,” She said. “Accountability for the criminal justice system in a lot of our local areas doesn’t make its way up the pipeline to somebody who might be able to do something about it who represents that area,” said Ross.

Critics of the burgeoning Practice of Counting Incarcerated People at their Home Address, say it could Hurt Localities where Prisons are located, if Local Governments end up Losing Money because of the ensuing Lower Populations.

But Wessler said Population was just One of many Factors that go into Decisions about, for example, Where and How to distribute Public Funds. “People often worry that when you address prison gerrymandering it’s going to cost prison communities money, and it’s just not true,” He said.

While most of the Dozen or so States to tackle the Issue Statewide are more traditionally Democratic-Leaning, Small appeared open to the idea that other Conservative-leaning States could follow suit after the Action in Montana.

“I don’t know why they wouldn’t ... other than an executive burden of tracking these people and making sure their numbers go to the right places,” He said. “I mean, I don’t understand what that hurts.”









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