(a) The population count used after each decennial census for the purpose of creating the legislative districting plan for the General Assembly:
(1) may not include individuals who:
(i) were incarcerated in State or federal correctional facilities, as determined by the decennial census; and
(ii) were not residents of the State before their incarceration; and
(2) shall count individuals incarcerated in the State or federal correctional facilities, as determined by the decennial census, at their last known residence before incarceration if the individuals were residents of the State.
(b) Beginning with the 2020 decennial census:
(1) on or before October 31 in the year of each decennial census, the Department of Public Safety and Correctional Services shall submit to the Maryland Department of Planning and the Department of Legislative Services the following identifiable information, in electronic form, for each individual incarcerated in a State correctional facility on April 1 in the year of the decennial census:
(i) the name of the individual;
(ii) the address of the individual's last known residence;
(iii) the individual's race or ethnicity; and
(iv) any other information necessary to fulfill the purposes of this section; and
(2) on or before August 1 in the year of each decennial census, the Maryland Department of Planning and the Department of Legislative Services shall enter into a memorandum of understanding, the terms of which shall require the Department of Planning and the Department of Legislative Services to work collaboratively to:
(i) summarize the results of the geocoded data created by the Department of Planning as required under COMAR 35.05.01;
(ii) using the geocoded data, identify the individuals incarcerated in a State correctional facility or federal correctional facility in the State that will be included in the adjusted census data under this section;
(iii) make any necessary changes to the Department of Planning's geocoded database;
(iv) jointly review for accuracy any changes to the census data by any software vendor or other entity; and
(v) jointly certify, on or before March 15 in the year following each decennial census, the adjusted census data to be used for redistricting under this section.
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