BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | AB 2308| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- 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 CONTINUED AB 2308 Page 2 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. CONTINUED AB 2308 Page 3 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 CONTINUED AB 2308 Page 4 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 CONTINUED AB 2308 Page 5 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 **** END **** CONTINUED