End Prison Gerrymandering Act

Section 141 of title 13, United States Code, is amended—

(1) by redesignating subsection (g) as subsection (h); and

(2) by inserting after subsection (f) the following:

(g) Effective beginning with the 2030 decennial census of population and every census thereafter, in taking any census of population under subsection (a) the Secretary shall, with respect to an individual incarcerated in a State, Federal, county, or municipal correctional facility, or in a youth correctional facility or detention center, as of the decennial census date, attribute such individual to such individual’s last usual place of residence before incarceration.

Section 22 of the Act entitled An Act to provide for the fifteenth and subsequent decennial censuses and to provide for an apportionment of Representatives in Congress, approved June 18, 1929 (2 U.S.C. 2a), is amended by adding at the end the following new subsection:

(d) If the tabulation of the number of persons in a State under subsection (a) includes an individual incarcerated in a State, Federal, county, or municipal correctional facility, or in a youth correctional facility or detention center, who is treated as a resident of the State because the tabulation attributes the individual to the individual’s last usual place of residence before incarceration, as provided under section 141(g) of title 13, United States Code, the State shall treat the individual’s last usual place of residence in the State before incarceration as the individual’s place of residence for purposes of congressional redistricting.