BILL ANALYSIS Ó AB 625 Page 1 ASSEMBLY THIRD READING AB 625 (Quirk) As Introduced February 20, 2013 Majority vote JUDICIARY 9-0 ----------------------------------------------------------------- |Ayes:|Wieckowski, Wagner, | | | | |Alejo, Chau, Dickinson, | | | | |Garcia, Maienschein, | | | | |Muratsuchi, Stone | | | |-----+--------------------------+-----+--------------------------| | | | | | ----------------------------------------------------------------- SUMMARY : Seeks to authorize notaries public to reasonably rely on the presentation of an inmate identification card issued by the Department of Corrections and Rehabilitation (CDCR), if the inmate is in custody, to establish the identity of the inmate described in and executing a written instrument. Specifically, this bill : 1)Authorizes a notary public to take acknowledgement of a written instrument in reasonable reliance upon the presentation of an inmate identification card issued by the CDCR, if the inmate is in custody, without requiring the identification card to be current or have been issued within the past five years, and without certain additional identifying information, including a photograph and description of the person named on it, is signed by the person, and has a serial or other identifying number. 2)Authorizes a notary public to accept as verification of an affiant's identity, when executing a jurat and the statement sworn or subscribed to is contained in a document that purports to identify the affiant, an inmate identification card issued by the CDCR, if the inmate is in custody. 3)Makes the following findings and declarations: a) The state and its counties have a financial and public safety interest in ensuring the children of people convicted of felonies and sentenced to state prison time have access to appropriate schooling and medical treatment. AB 625 Page 2 Eighty percent of imprisoned women are mothers and the vast majority were the primary care provider of minor children at the time of their arrest and imprisonment. These minor children's access to school and medical treatment may be unnecessarily interrupted should their incarcerated parent lack timely and affordable access to a notary public necessary for them to complete paperwork to establish temporary guardianship for their children. b) The state and its counties have a financial and public safety interest in ensuring people convicted of felonies and sentenced to state prison time are able to successfully reenter their communities upon completion of their sentences and live a crime-free life. Evidence-based research demonstrates a clear connection between decreased recidivism rates and strength of familial bonds during periods of incarceration. These bonds are weakened when minor children are unnecessarily prevented from visiting incarcerated parents due merely to the incarcerated parents' lack of timely and affordable access to a notary public required to complete required visitation forms. c) The state has taken significant measures to assure due process and accuracy in determining the identity of people convicted of felonies and held in control of the CDCR, and in tracking these individuals' appropriate identity through issuance and monitoring of state inmate identification cards. FISCAL EFFECT : None COMMENTS : This bill, sponsored by Justice Now, seeks to authorize notaries public to reasonably rely on the presentation of an inmate identification card issued by the CDCR, if the inmate is in custody, to establish the identity of the inmate described in and executing a written instrument. According to the sponsor, a legal services and human rights organization that works with people inside California women's prisons: In California, roughly 195,000 children have a parent in state prison. Eighty percent of people in women's prisons are mothers. According to the California Research Bureau, approximately two-thirds of mothers in prison were the primary care provider for their AB 625 Page 3 children before imprisonment. In order for parents in prison to arrange temporary guardianship, approve visits for their children, and take care of a wide range of family matters, access to notary services is absolutely necessary. All people in prison have the right to access notary services. According to a report published in 2008 by the CDCR, titled The Master Plan for Female Offenders, incarcerated women, who are mothers, are less likely to have a partner on the outside that can help care for and raise their children. This is in stark contrast to incarcerated fathers who are more likely to have a partner that can care for and raise their children. The incarceration of a parent can be traumatic and life altering for children. Uninterrupted access to guardianship, school and medical treatment are necessary in order for a child of an incarcerated parent to retain a sense of "normalcy" in their lives. Once a parent is incarcerated, these arrangements can be legally made through a notary public. According to the U.S. Department of Justice, Bureau of Justice Statistics, more than half of mothers and father in state prisons report having received no in-person visits from their children since their admission. In addition, parents with multiple children may receive visits from some children, but not from others. Currently, under Title 15 of the California Code of Regulations, Section 3019, inmates must carry on their person any identification or privilege card issued for identification purposes. Under the current statutory scheme, an inmate identification card that is current or issued within the previous five years by the CDCR if the inmate is in custody is an allowable form of identification only if it contains certain identifying information, including a photograph and description of the person named on it, is signed by the person, and has a serial or other identifying number. This bill would make an inmate identification card presumptively an allowable form of identification, without the additional identifying information, for a credible witness to prove the identity of an individual who executes a written instrument. According to the sponsor, as it currently stands, CDCR issues a separate form of identification to inmates for notary purposes. AB 625 Page 4 CDCR has taken significant measures to assure due process and accuracy in determining the identity of people sentenced to prison. "As such, the process of creating and issuing additional specialized IDs is costly, unnecessary and delays access to service. By removing an unnecessary step and streamlining the process through which people in prison seek important notary services, this bill will help reduce barriers to maintaining family bonds as well as save the state money and resources." Supporters emphasize that this bill will ensure timely access to valuable notary services, while incarcerated, by allowing use of a CDCR inmate identification card. This bill will help incarcerated parents visit with their children by authorizing notaries public to reasonably rely on the presentation of an inmate identification card, which is already issued by the CDCR, if the inmate is in custody, to establish the identity of the inmate described in and executing the written instrument. This bill will also benefit all state prisoners who must rely upon notary services. Analysis Prepared by : Drew Liebert / JUD. / (916) 319-2334 FN: 0000054