C.R.S. Section 2-2-902
Accurate census data

  • electronic record of prisoner home address
  • adjustment of census data
  • definitions

(1)

As used in this section, unless the context otherwise requires:

(a)

“Decennial census day” means April 1 of the year 2020 and every year ending in zero thereafter.

(b)

“Department” means the department of corrections.

(c)

“Necessary census data” means the federal decennial Pub.L. 94-171 data published for the state by the United States census bureau and adjusted by the general assembly’s nonpartisan staff to reflect the changes pursuant to subsections (5) and (6) of this section.

(d)

“Nonpartisan staff” means the staff of the legislative council and office of legislative legal services, or any successor offices.

(2)

Intentionally left blank —Ed.

(a)

Starting as soon as practicable after March 20, 2020, the department shall collect and maintain an electronic record of the legal residence, presumptively outside of the correctional facility, and other demographic data, for any person entering its custody. At a minimum, this record must contain the last known complete street address prior to incarceration, the person’s race, whether the person is of Hispanic origin, and whether the person is over eighteen years of age. To the degree possible, the department shall also allow the legal residence to be updated as appropriate.

(b)

On or before May 1 of each year in which the federal decennial census is taken and in which the United States census bureau counts incarcerated persons as residents of correctional facilities, the department shall deliver to nonpartisan staff a report that includes, for each person incarcerated in a facility operated by or under contract with the department for whom the records of the department indicate a legal residence in this state:

(I)

A unique identifier, not including the name of the person or the state offender identification number. The unique identifier must enable nonpartisan staff to address inquiries about specific address records to the department without making it possible for anyone outside of the department to identify the person to whom the address record pertains.

(II)

The street address of the correctional facility in which such person was incarcerated on the decennial census day;

(III)

The last known address of such person prior to incarceration or other legal residence, if known;

(IV)

The person’s race, whether the person is of Hispanic origin, and whether the person is over eighteen years of age, if known; and

(V)

Any additional information nonpartisan staff may request pursuant to law.

(c)

The department shall provide the data specified in subsection (2)(b) of this section in an electronic format as specified by nonpartisan staff.

(d)

The information required to be provided to nonpartisan staff pursuant to this subsection (2) must not include the name of any incarcerated person and must not allow for the identification of any such person except to the department. Notwithstanding the “Colorado Open Records Act”, part 2 of article 72 of title 24, or any other provision of law, the information is confidential and nonpartisan staff or any other state agency or local government entity shall not disclose any information from the report except as redistricting data aggregated by census block for purposes specified in subsection (4) of this section.

(3)

Nonpartisan staff shall request each agency that operates a federal facility in this state that incarcerates persons convicted of a criminal offense to provide it with a report including the information listed in subsection (2)(b) of this section.

(4)

Pursuant to subsection (5) of this section, nonpartisan staff shall prepare redistricting population data to reflect incarcerated persons at their residential addresses in this state rather than their place of incarceration. This data prepared by nonpartisan staff is the necessary census data provided to and to be used by the independent legislative and congressional redistricting commissions established pursuant to sections 44 and 46 of article V of the state constitution and in the establishment of county commissioner districts pursuant to section 30-10-306. The data is the population basis of congressional districts, county commissioner districts, state house of representative districts, and state senate districts. Nonpartisan staff shall make this census data available to the independent legislative and congressional redistricting commissions and to members of the public and any county or local governmental entity of Colorado upon request.

(5)

Intentionally left blank —Ed.

(a)

For each person included in a report received pursuant to subsections (2)(b) and (3) of this section, nonpartisan staff shall determine the geographic units for which population counts are reported in the federal decennial census that contain the facility of incarceration and the legal residence in this state as listed in the report.

(b)

For each person included in a report received pursuant to subsections (2)(b) and (3) of this section, if the legal residence is known and in this state, nonpartisan staff shall:

(I)

Ensure that the person is not included in any population counts reported by nonpartisan staff for the geographic units that include the facility at which the person was incarcerated, unless that geographic unit also includes the person’s legal residence; and

(II)

Ensure that any population counts reported by nonpartisan staff reflect the person’s residential address in this state as reported pursuant to subsections (2)(b) and (3) of this section.

(6)

The data prepared by nonpartisan staff pursuant to this section must be completed and published no later than thirty days after the date that federal decennial Pub.L. 94-171 data for the state is delivered to the state.

(7)

The data prepared by nonpartisan staff pursuant to this section shall not be used in the distribution of any state or federal aid.

Source: Section 2-2-902 — Accurate census data - electronic record of prisoner home address - adjustment of census data - definitions, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-02.­pdf (accessed Oct. 20, 2023).

2‑2‑301
Call of houses to order 2‑2‑302
Clerks to file certificates - roll - officers 2‑2‑303
Committee on credentials - permanent organization 2‑2‑303.5
Time for convening regular sessions - procedure for convening earlier 2‑2‑304
Members not to be questioned 2‑2‑305
Legislative employees - compensation 2‑2‑306
Appointment - qualifications - duties 2‑2‑307
Compensation of members - reimbursement of expenses 2‑2‑308
Officers and employees - cessation of pay - when - exceptions 2‑2‑309
Method of payment 2‑2‑310
Senate and house journals published 2‑2‑311
Disposition of journals 2‑2‑312
Cost of publication 2‑2‑313
Witnesses - attendance before assembly 2‑2‑314
Violation - penalty 2‑2‑315
Member may administer oath 2‑2‑316
Legislative declaration - travel by members - during adjournment 2‑2‑317
Expense, subsistence, and travel allowance - definition 2‑2‑318
Members to be reimbursed for expenses 2‑2‑319
Sections 2-2-316 to 2-2-319 provide no increase in compensation or mileage 2‑2‑320
Legislative department contracts - approval 2‑2‑321
Designation and assignment of space in capitol buildings group and on the grounds thereof 2‑2‑322
Fiscal notes - repeal 2‑2‑322.3
Greenhouse gas emissions reports - definitions - repeal 2‑2‑322.5
Demographic notes - definitions 2‑2‑323
Service of process on the general assembly - legislative declaration 2‑2‑325
Legislative appointees - boards and commissions - other governmental bodies 2‑2‑326
Compensation and expenses for members appointed to and serving on state entities - definition 2‑2‑327
Annual address to joint session by tribal governments 2‑2‑401
Legislative declaration 2‑2‑402
Chief security officers 2‑2‑403
Indemnification of members, officers, and employees of the general assembly 2‑2‑404
Legislative rules 2‑2‑405
Injunctions 2‑2‑406
Contempt of either house 2‑2‑501
Number of members of general assembly - election from districts 2‑2‑502
Definitions 2‑2‑503
Designation of senatorial districts to elect in years ending in 2 and 4 2‑2‑504
Holdover senators keep office - vacancies 2‑2‑505
Maps of legislative districts 2‑2‑506
Precinct boundaries 2‑2‑507
Attachments and detachments 2‑2‑508
Changes in county and municipal boundaries 2‑2‑509
Published plan and records 2‑2‑511
Applicability 2‑2‑701
General assembly - bills regarding the sentencing of criminal offenders - legislative intent - definition 2‑2‑702
General assembly - bills regarding the sentencing of criminal offenders - required to be assigned to the appropriations committee of the house of introduction 2‑2‑703
General assembly - bills which result in a net increase in periods of imprisonment in state correctional facilities - funding must be provided in the bill 2‑2‑801
Plain language requirement in state laws 2‑2‑802
People first language in state laws 2‑2‑803
Inclusion of tribal governments - definition 2‑2‑901
Population data for redistricting 2‑2‑902
Accurate census data - electronic record of prisoner home address - adjustment of census data - definitions 2‑2‑1201
Accountability clauses - post-enactment review of implementation of bills by legislative service agencies - definitions - repeal 2‑2‑1301
Short title 2‑2‑1301.5
Definitions 2‑2‑1302
Colorado youth advisory council - creation - purpose 2‑2‑1303
Membership - selection - terms 2‑2‑1304
Duties - meetings - community outreach - designation of organization to accept donations - authority to contract 2‑2‑1305
Reporting requirements 2‑2‑1305.5
Representative Hugh McKean Colorado youth advisory council review committee - created 2‑2‑1306
Youth advisory council cash fund - created - gifts, grants, and donations 2‑2‑1307
Repeal of part 2‑2‑1601
Legislative department cash fund - redistricting accounts - creation - definition 2‑2‑2101
Definitions 2‑2‑2102
Accountability, accreditation, student performance, and resource inequity task force - appointments - meetings 2‑2‑2103
Accountability, accreditation, student performance, and resource inequity task force - duties - report 2‑2‑2104
Repeal of part
Green check means up to date. Up to date

Current through Fall 2024

§ 2-2-902’s source at colorado​.gov