Inmates will count in home districts, not jail districts, judge rules
Friday, December 2, 2011 - 5:40 pm

State Attorney General Eric T. Schneiderman is claiming a legal victory as a state judge has upheld the state’s law that counts inmates in their home communities, rather than the districts where they are incarcerated, for drawing legislative district lines.

As a state senator from New York City before being elected attorney general, Schneiderman was the leading proponent of the legislation, which passed in 2010.

The decision came down from Judge Eugene Devine of the Supreme Court in the Third Judicial District in Albany.

Until 2010, New York drew legislative districts around prisons and counted the people confined there as residents of the prison, allowing the non-voting prison population to award greater legislative representation to districts that contain prisons at the expense of the prisoners' home communities.