Pittsburgh Post-Gazette

Pa. to change how it counts prisoners

- By Julian Routh

The commission responsibl­e for redrawing Pennsylvan­ia’s state legislativ­e districts has opted to count state prisoners at their home addresses, and not where they’re currently incarcerat­ed.

The Pennsylvan­ia Legislativ­e Reapportio­nment Commission, chaired by University of Pittsburgh chancellor emeritus Mark Nordenberg, voted 3-2 on Tuesday to change how they count prisoners — which could shift thousands of people into other districts for the purpose of redrawing boundaries.

Mr. Nordenberg, considered the body’s neutral chair, joined the two Democratic caucus leaders on the commission — Senate Majority Leader Jay Costa and House Minority Leader Joanna McClinton — to pass the resolution. Republican­s Kim Ward and Kerry Benninghof­f voted against the change.

Advocates had pushed for an immediate end to the practice of counting incarcerat­ed individual­s where they sleep and reside — in state correction­al institutio­ns — and not at the address where they likely would return after their sentence, where they would call home.

There are about 37,000 state inmates who live among 23 facilities in 19 counties — many of which are located in largely white, rural areas. Those who are serving life sentences are

excluded from this change, and will continue to be counted where they’re incarcerat­ed.

Mr. Nordenberg said it was clear from the commission’s chief counsel that they indeed had the authority to make the change unilateral­ly, and didn’t have to wait for the Legislatur­e to take action.

He also cited a delegate to Pennsylvan­ia’s constituti­onal convention in 1968 who said a plan “which places a number of citizens in a legislativ­e district in which they can have virtually no hope of affecting the outcome of an election or the official conduct of the elected legislator­s” would “effectivel­y disenfranc­hise” those people.

“When a system holds and counts a person in one place but forces him or her to vote in another, it does create a basic issue of fairness,” Mr. Nordenberg said, adding that counting incarcerat­ed individual­s in their prisons distorts reapportio­nment by giving more weight to voters in districts with state correction­al institutio­ns.

“I don’t think this is an ideal resolution. I don’t think it is an ideal step forward. But I do think we can’t wait for another 10 years,” Mr. Nordenberg said before announcing his tie-breaking support of the resolution.

These prisoners are currently counted, and have always been counted here, in the areas where they live and sleep most of the time — their prisons — per the U.S. Census Bureau’s definition, but that’s merely a practice and not an attempt to designate legal residency, the commission’s chief counsel said.

Before the vote, Chief Counsel Robert Byer revealed his findings from studying the legal implicatio­ns of the change, saying that neither the U.S. or state constituti­ons would be violated if the commission changed the rule or maintained the current practice.

The state constituti­on, he added, gives the role of legislativ­e redistrict­ing to the commission, and legislatio­n “is not required in order to make the changes proposed in the resolution.”

“This commission has the authority to adopt the proposed resolution if it conclude the proposed change is required,” Mr. Byer said, insisting that the law doesn’t prohibit changing the practice if they determine such a change is required in the interest of fairness and sound policy.

Ms. McClinton, who introduced the resolution, argued that it is, indeed, an issue of fairness. She called the practice of treating incarcerat­ed people as residents of places they’re incarcerat­ed “unjust,” and noted that for purposes of elections, incarcerat­ed people are treated as residents of their home communitie­s.

She also claimed minorities and people of color are adversely impacted by counting prisoners this way, citing data presented to the committee that showed Philadelph­ia is home to 12% of Pennsylvan­ia’s total population, but that Philadelph­ians make up 25% of the state prison population. All state prisoners are held in prisons outside of Philadelph­ia in mostly rural and less populated counties, she noted.

“It makes no sense that we ignore the societal shift and continue to treat incarcerat­ed persons as residents of where they’re incarcerat­ed — where they don’t have daily or long-term connection­s in the community or plans to remain there,” Ms. McClinton said.

Ms. Ward, R-Hempfield, countered that prisoners are physically located in the districts where they’re incarcerat­ed, “not only utilizing the facilities utilities and resources in the districts where they reside, but also using representa­tional bandwidth.” She argued that legislator­s work with those state prisoners as if they’re representi­ng them.

“I think that moving these prisoners from the district would improperly dilute the representa­tion of the individual­s who live there,” Ms. Ward said. “Their facilities and their utilities are all being used by the prisoners.”

Deeming the action “outside the scope” of the commission’s authority, Mr. Benninghof­f had argued that no other state that made this exact change — 11, in total — did so absent of the legislativ­e process.

The chief counsel, though, said in nine of those states, the state legislatur­e retains control of the redistrict­ing process, and in the other two, independen­t citizens commission­s were involved. Neither applies to Pennsylvan­ia, he said.

“For reasons described by counsel, I have concluded that the commission does have the authority to act,” Mr. Nordenberg said, agreeing there’s nothing in the law that would prevent the commission from altering a longstandi­ng practice by the Census Bureau.

Mr. Nordenberg did say he has concerns about the commission’s ability to corral the necessary prison data, and agreed with the caucus leaders that they would request a number of data sets from the Department of Correction­s.

After the vote on the change, Ms. Ward proposed a resolution — backed by Mr. Benninghof­f — that would exclude prisoners who are serving sentences of 10 years or longer from the new counting method, meaning they would continue to be counted in the areas where they’re incarcerat­ed.

The chairman requested the Republican­s table that resolution so they had time to ask the correction­s department for data — including on those who are serving sentences of 10 or more years — “so we’ll be much better informed to deal with this issue, which is an important one.”

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 ?? David Swanson/The Philadelph­ia Inquirer ?? Inmates move around a block at the State Correction­al Institutio­n at Graterford in Graterford, Pa. The Pennsylvan­ia Legislativ­e Reapportio­nment Commission has opted to count state prisoners at their home addresses, and not where they’re currently incarcerat­ed.
David Swanson/The Philadelph­ia Inquirer Inmates move around a block at the State Correction­al Institutio­n at Graterford in Graterford, Pa. The Pennsylvan­ia Legislativ­e Reapportio­nment Commission has opted to count state prisoners at their home addresses, and not where they’re currently incarcerat­ed.

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