(a) The General Assembly, in determining the reapportionment and redistricting for the State, applying the criteria set forth in § 804 of this title, and using the official reporting of the federal decennial census as set forth in § 805 of this title, shall not count as part of the population in a given district boundary any incarcerated individual who:
(1) Was incarcerated in a state or federal correctional facility, as determined by the decennial census; and
(2) Was not a resident of the State before the person’s incarceration.
(b) The General Assembly, in determining the reapportionment and redistricting for the State as provided in this subchapter, shall count as part of the population in a given district boundary any individual incarcerated in a state or federal correctional facility, as determined by the decennial census, if the individual was a resident of the State prior to incarceration. Such individual shall be counted for reapportionment and redistricting purposes at the individual’s last known residence prior to incarceration.
(c) This section shall not apply to the redistricting of the State following the 2010 federal decennial census. This section shall apply to the redistricting of the State following each federal decennial census thereafter.
77 Del. Laws, c. 472, § 1; 78 Del. Laws, c. 24, § 1.
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