BILL ANALYSIS Ó
AB 2308
Page 1
Date of Hearing: April 1, 2014
Counsel: Stella Choe
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Tom Ammiano, Chair
AB 2308 (Stone) - As Introduced: February 21, 2014
SUMMARY : Requires the California Department of Corrections and
Rehabilitation (CDCR) to ensure that all inmates released from
state prisons have valid identification cards.
EXISTING LAW :
1)Authorizes the Department of Motor Vehicles (DMV) to issue an
identification card to any person attesting to the true full
name, correct age, and other identifying data as certified by
the applicant for the identification card. Every application
for an identification card shall be signed and verified by the
applicant before a person authorized to administer oaths and
shall be supported by bona fide documentary evidence of the
age and identity of the applicant as DMV may require, and
shall include a legible print of the thumb or finger of the
applicant. (Veh. Code, § 13000.)
2)Provides that upon application for an original or duplicate
license DMV may require the applicant to produce any
identification that it determines is necessary in order to
ensure that the name of the applicant stated in the
application is his or her true, full name and that his or her
residence address as set forth in the application is his or
her true residence address. (Veh. Code, § 12800.7.)
3)States that DMV, notwithstanding any other law, shall require
an application for a driver's license to contain the
applicant's social security account number and any other
number or identifier determined to be appropriate by the
department. (Vehicle Code, § 12801, subd. (a).)
4)Provides, notwithstanding the above provision, an applicant
who provides satisfactory proof that his or her presence in
the United States is authorized under federal law, but who is
not eligible for a social security account number, is eligible
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to receive an original driver's license if he or she meets all
other qualifications for licensure. (Vehicle Code, § 12801,
subd. (b).)
5)Requires DMV to issue an original driver's license to a person
who is unable to submit satisfactory proof that the
applicant's presence in the United States is authorized under
federal law if he or she meets all other qualifications for
licensure and provides satisfactory proof to the department of
his or her identity and California residency. (Operative date
of January 1, 2015, or on the date the director of DMV
executes a specified declaration, whichever is sooner.)
(Vehicle Code, § 12801.9.)
6)States the finding of the Legislature that the period
immediately following incarceration is critical to successful
reintegration of the offender into society and to positive
citizenship. It is in the interest of public safety for the
state to provide for the effective supervision of and
surveillance of parolees, including the judicious use of
revocation actions, and to provide educational, vocational,
family and personal counseling necessary to assist parolees in
the transition between imprisonment and discharge. (Pen.
Code, § 3000, subd. (a)(1).)
FISCAL EFFECT : Unknown
COMMENTS :
1)Author's Statement : According to the author, "Assembly Bill
2308 will assist men and women in their transition to
post-release life by requiring that they have a California ID
card when they are released. Without an ID card, released
inmates cannot obtain a job, place to live, public benefits
such as MediCal, or other necessities in the community.
Moreover, the process of obtaining important documents such as
birth certificates, social security cards, and state ID cards,
especially for those individuals who have been incarcerated
for many years, can be daunting. If inmates can't access
important services quickly, they may have difficulty
successfully reintegrating into the community, and ultimately
they may recidivate. Immediate access to MediCal is especially
important for parolees who need medication to stay physically
and mentally healthy. By removing a bureaucratic hurdle for
parolees, this measure will assist men and women in their
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transition to post-release life and help reduce recidivism."
2)Background : According to the background materials provided by
the author, "Inmates leaving prison without a valid
state-issued identification (ID) card are at a distinct
disadvantage in their effort to reintegrate into the community
post-incarceration.
"People coming out of prison are released without any official
state identification other than a prison discharge slip or a
CDCR inmate card, neither of which are sufficient to obtain a
job, a place to live, public benefits including Medi-Cal or
Cal Fresh, or other necessities in the community. Moreover,
the process of obtaining important documents such as birth
certificates, social security cards, and state ID cards,
especially for those individuals who have been incarcerated
for many years, can be daunting. Failure to do so quickly can
doom their chances of successfully reintegrating into the
community and ultimately make it more difficult for them to
avoid recidivating.
"While some individuals enter prison with current state-issued
IDs, regular ID cards issued by the DMV expire after 6 years
and senior ID cards expire after 10 years. The process and
cost to apply for or renew a DMV ID card is an unnecessary
hurdle for people recently released from prison who often have
no assets or means of traveling to a DMV office.
"There is currently no statutory requirement for CDCR to ensure
that all inmates released from state prisons have a valid ID
card. However, last fall CDCR began working with DMV on the
Cal-ID program to issue eligible prisoners scheduled for
release within 120-210 days from Reentry Hubs California ID
cards. The eligibility requirements include being within
120-210 days of release, no active immigration (ICE) hold, a
valid Social Security number, an address and ZIP code, and a
valid DMV ID card or driver's license issued within the last
ten years. Because of these extensive requirements, many
inmates are not eligible for this program. DMV processes the
application and confirms that the information an inmate
provides matches existing records. The DMV does not take a new
picture, so inmates must adequately resemble the picture DMV
has on file to be approved. All eligible prisoners who will be
released from a Reentry Hub can apply for a California ID card
if they meet the requirements above.
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"There are 13 Reentry Hubs and 37 youth and adult prisons in the
state. As of March 2014, only four were open; the remaining
nine are scheduled to open early 2014. In order to be sent to
a Reentry Hub, an inmate must be evaluated by two systems: the
California Static Risk Assessment (CSRA) and the Correctional
Offender Management Profiling for Alternative Sanctions
(COMPAS). The inmates must have a medium/moderate or high risk
to reoffend according to both assessments and be within four
years of release to be transferred to a Reentry Hub and be
eligible to apply for the Cal-ID program. Due to the many
classifications and limitations on who is able to transfer to
a Reentry Hub and who is eligible to apply for an ID under the
Cal-ID program, few inmates released from CDCR leave with a
valid state ID card."
According to information provided to this Committee by CDCR, "As
of March 19 2014, since the program's inception in October
2013, the Department has delivered a total of 1,807
applications to the DMV on behalf of eligible inmates, with
approximately 1,310 applications being approved and IDs
delivered to inmates upon their release. (Please note that the
application number includes 263 applications that were
submitted in March but have not yet been processed by DMV, so
the approval number is expected to increase.) Generally, DMV
approves approximately 85% of the applications that have been
submitted during this program."
3)Arguments in Support :
a) The San Diego Reentry Roundtable writes, "The Reentry
Roundtable has identified several benefits and services
that require a picture ID to access, including health care
and insurance (including Medi-Cal), long-term drug
treatment, CalFresh, and the AIDS Drug Assistance Program.
Picture ID is also necessary to secure employment, obtain a
birth certificate, purchase a reduced-fare transit pass for
seniors and disabled persons, and use hotel vouchers. Our
experience as frontline practitioners tells us that
provision of picture ID prior to or immediately following
release would reduce delay in accessing services and
increase the chance of successful reentry.
"In the interest of successful reentry and community safety,
we strongly believe that all individuals leaving California
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prisons should have a valid state-issued ID upon release.
Research shows that the first few weeks after release are
critical to successful reentry and preventing recidivism.
Easing the process of obtaining ID is an important step for
states to support successful reentry of people leaving the
criminal justice system."
b) The American Civil Liberties Union states, "Without
proper identification, people with criminal records are
often unable to find employment, secure housing or apply
for public benefits that may be necessary to obtain
medication. If they are fortunate enough to find work, the
lack of state ID can make it extremely difficult to cash
paychecks or open a bank account - all vital tools in
becoming a contributing member of society.
"In addition, individuals who have served long sentences may
have lost or misplaced many of their identity documents
while in the criminal justice system, making the process of
obtaining new identity documents difficult, and prolonging
the time these individuals must wait to begin their
reintegration into society."
4)Current Legislation : AB 2129 (Jones-Sawyer) would require
CDCR to create and implement a voluntary prerelease reentry
program, for all inmates, as appropriate, and requires the
program to include adult basic education, career technical
education, postsecondary education, cognitive behavior therapy
and transition programs. AB 2129 will be heard by this
Committee today.
5)Prior Legislation :
a) AB 625 (Quirk), Chapter 159, Statutes of 2013 adds
inmate identification cards, issued by CDCR, to the list of
documents presumed to prove the identity of an incarcerated
individual who executes a written instrument, for the
purposes of notarization of an instrument.
b) AB 1577 (Atkins), of the 2011-12 Legislative Session,
would have authorized CDCR or county jails to provide an
offender with a parolee identification card and would
require the DMV to honor that card as a valid source of
identification for the purposes of applying for a driver's
license or an identification card. AB 1577 was never heard
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by this Committee.
c) AB 2262 (Bass and Block), of the of the 2009-10
Legislative Session, would have required CDCR to provide
each inmate, prior to his or her release, with the inmates
identification card number or driver's license number, if
one existed in the inmate's central file. AB 2262 was held
on the Senate Appropriations Committee's Suspense File.
d) AB 777 (Bass), of the of the 2009-10 Legislative
Session, would have required CDCR to establish a pilot
program at two state facilities to provide each inmate at
those facilities, prior to his or her release, a valid
California identification card issued by the DMV. AB 777
was held on the Appropriations Committee's Suspense File.
e) AB 639 (Hancock), of the of the 2007-08 Legislative
Session, would have provided that prior to release on
parole, CDCR shall take reasonable steps to ensure that
each parolee successfully obtains a valid California
identification card issued by the DMV. AB 639 was vetoed.
REGISTERED SUPPORT / OPPOSITION :
Support
American Civil Liberties Union
American Federation of State, County and Municipal Employees
(AFSCME), AFL-CIO
Association for Los Angeles Deputy Sheriffs
California Attorneys for Criminal Justice
California Catholic Conference, Inc.
Californians United for a Responsible Budget
Chief Probation Officers of California
Dignity and Power Now
Facts Education Fund
Friends Committee on Legislation of California
L.A. County Probation Officers Union
Legal Services for Prisoners with Children
Life Support Alliance
Los Angeles Police Protective League
National Association for Social Workers, California Chapter
Riverside Sheriffs' Association
San Diego County District Attorney's Office
San Diego Reentry Roundtable
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William James Association
Opposition
None
Analysis Prepared by : Stella Choe / PUB. S. / (916) 319-3744