BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                            



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                                    THIRD READING


          Bill No:  AB 2308
          Author:   Stone (D), et al.
          Amended:  8/19/14 in Senate
          Vote:     21

           
           SENATE PUBLIC SAFETY COMMITTEE  :  7-0, 6/24/14
          AYES:  Hancock, Anderson, De León, Knight, Liu, Mitchell,  
            Steinberg

           SENATE APPROPRIATIONS COMMITTEE  :  5-0, 8/14/14
          AYES:  De León, Hill, Lara, Padilla, Steinberg
          NO VOTE RECORDED:  Walters, Gaines

           ASSEMBLY FLOOR  :  75-1, 5/28/14 - See last page for vote


           SUBJECT  :    Prisoners:  identification cards

           SOURCE  :     Author


           DIGEST  :    This bill requires the California Department of  
          Corrections and Rehabilitation (CDCR) and Department of Motor  
          Vehicles (DMV) to ensure that all inmates released from state  
          prisons have valid identification cards (ID). 

           ANALYSIS  :    Existing law:

          1.Authorizes DMV to issue an ID to any person attesting to the  
            true full name, correct age, and other identifying data as  
            certified by the applicant for the ID.  Every application for  
            an ID shall be signed and verified by the applicant before a  
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            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.  

          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. 

          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. 

          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  
            to receive an original driver's license if he/she meets all  
            other qualifications for licensure. 

          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/she meets all other qualifications for  
            licensure and provides satisfactory proof to the department of  
            his/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.)  

          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.

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          This bill:

          1.Requires CDCR and DMV to ensure that all eligible inmates  
            released from state prisons have valid ID, as specified.

          2.Defines "eligible inmate" to mean an inmate who meets all of  
            the following requirements:

             A.   The inmate has previously held a California driver's  
               license or ID.

             B.   The inmate has a usable photo on file with DMV that is  
               not more than 10 years old.

             C.   The inmate has no outstanding fees due for a prior  
               California driver's license or ID.

             D.   The inmate has provided, and the DMV has verified all of  
               the following information:

                     The inmate's true full name.
                     The inmate's date of birth.
                     The inmate's social security number.
                     The inmate's legal presence in the United States.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    
          Local:  No

          According to the Senate Appropriations Committee, first-year  
          costs of $2.2 million (Special Fund*) in 2014-15, and ongoing  
          costs of $2.2 million (General Fund) to the CDCR to expand the  
          existing Cal-ID Program to all eligible inmates, as defined.  
          Annual costs include additional staffing at CDCR, staffing at  
          DMV funded by CDCR through an existing MOU, and costs to produce  
          the ID cards.
          
          *Inmate Welfare Fund

           SUPPORT  :   (Verified  8/13/14)

          American Civil Liberties Union 
          American Federation of State, County, and Municipal Employees,  
          AFL-CIO

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          Association for Los Angeles Deputy Sheriffs
          California Attorneys for Criminal Justice
          California Catholic Conference, Inc. 
          California Coalition for Women Prisoners
          California Correctional Peace Officers Association 
          California CURE
          California Workforce Association
          Californians United for a Responsible Budget
          Chief Probation Officers of California
          Crime Victims United of California
          Dignity and Power Now
          FACTS Education Fund
          Friends Committee on Legislation in California
          Legal Services for Prisoners with Children
          Life Support Alliance
          Los Angeles County Probation Officers Union
          Los Angeles Police Protective League
          National Alliance on Mental Illness - California
          Presbyterian Urban Ministries
          Riverside Sheriffs' Association
          San Diego District Attorney
          San Diego Reentry Roundtable
          Taxpayers for Improving Public Safety
          Williams James Association
          Youth Justice Coalition


           ARGUMENTS IN SUPPORT  :    According to the author:
           
               Inmates leaving prison without a valid state-issued  
               identification (ID) card are at a distinct disadvantage in  
               their efforts to reintegrate into the community  
               post-incarceration. 

               People coming out of prison are released without any  
               official state ID and are unable 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  

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               them to avoid recidivating. 

               While some individuals enter prison with current  
               state-issued IDs, regular ID cards issued by the Department  
               of Motor Vehicles (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 inmates released from state prisons have a  
               valid ID card. 


           ASSEMBLY FLOOR  :  75-1, 5/28/14
          AYES: Achadjian, Alejo, Allen, Ammiano, Bigelow, Bloom,  
            Bocanegra, Bonilla, Bonta, Bradford, Brown, Buchanan, Ian  
            Calderon, Campos, Chau, Chávez, Chesbro, Conway, Cooley,  
            Dababneh, Dahle, Daly, Dickinson, Donnelly, Eggman, Fong, Beth  
            Gaines, Garcia, Gatto, Gomez, Gonzalez, Gordon, Gorell, Gray,  
            Grove, Hagman, Hall, Harkey, Roger Hernández, Holden, Jones,  
            Jones-Sawyer, Levine, Logue, Lowenthal, Maienschein, Mansoor,  
            Medina, Mullin, Muratsuchi, Nazarian, Nestande, Olsen, Pan,  
            Patterson, Perea, John A. Pérez, V. Manuel Pérez, Quirk,  
            Quirk-Silva, Rendon, Ridley-Thomas, Rodriguez, Salas, Skinner,  
            Stone, Ting, Wagner, Waldron, Weber, Wieckowski, Wilk,  
            Williams, Yamada, Atkins
          NOES: Fox
          NO VOTE RECORDED: Frazier, Linder, Melendez, Vacancy


          JG:nl  8/19/14   Senate Floor Analyses 

                           SUPPORT/OPPOSITION:  SEE ABOVE

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