BILL ANALYSIS
AB 777
Page 1
Date of Hearing: April 14, 2009
Counsel: Gabriel Caswell
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Jose Solorio, Chair
AB 777 (Bass) - As Introduced: February 26, 2009
SUMMARY : Creates two pilot programs to provide valid State of
California identification cards to inmates prior to release from
state prison. Specifically, this bill :
1)Require the Department of Corrections and Rehabilitation
(CDCR) to establish a pilot program at Folsom State Prison and
at California State Prison, Los Angeles County for the purpose
of providing each inmate at those facilities, prior to his or
her release, a valid California identification card, as
defined, issued by the Department of Motor Vehicles (DMV).
2)States that CDCR, in collaboration with the DMV, shall allow
the DMV to make biannual visits to CDCR's facilities to
provide state-issued identification cards to inmates upon
their release and to inmates eligible to be released or
released on parole within six months.
3)Specifies CDCR's duties in providing and obtaining the
information necessary for eligible inmates to obtain
identification cards.
4)Creates an implementation date of January 1, 2011.
EXISTING LAW :
1)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
California to provide for the 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. [Penal Code
Section 3000(a)(1).]
AB 777
Page 2
2)Requires CDCR to meet with each inmate at least 30 days prior
to his or her good time release date and shall provide, under
guidelines specified by the parole authority, the conditions
of parole and the length of parole up to the maximum period of
time provided by law. The inmate has the right to
reconsideration of the length of parole and conditions thereof
by the parole authority. CDCR or the Board of Parole Hearings
may impose as a condition of parole that a prisoner make
payments on the prisoner's outstanding restitution fines or
orders imposed. [Penal Code Section 3000(b)(6).]
3)States legislative intent that efforts be made with respect to
specified parolees who are on parole to engage them in
treatment. [Penal Code Section 3000(b)(9).]
4)Provides the DMV may 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 the department may require, and shall include
a legible print of the thumb or finger of the applicant.
(Vehicle Code Section 13000.)
5)Sets the cost of an identification card fee at $20. The fee
for an original or replacement identification card issued to a
person who has been determined to have a current income level
that meets the eligibility requirements for assistance
programs shall be $6. The determination of eligibility under
this subdivision shall be made by a governmental or nonprofit
entity, which shall be subject to regulations adopted by CDCR.
(Vehicle Code Section 14902.)
FISCAL EFFECT : Unknown
COMMENTS :
1)Author's Statement : According to the author, "Identification
is an important reentry tool. Without it, a recently released
inmate is unable to secure housing on his/her first night out
or to obtain services as basic as necessary prescriptions.
Valid identification is also needed to obtain employment, to
AB 777
Page 3
cash a paycheck or open a bank account. All of these basic
activities are key to a successful reentry but need official
documentation. AB 777 seeks to establish a pilot program
where the DMV visits specified institutions biannually to
assist in getting identification for those inmates who are to
be released on parole in the next six months."
2)Background : The lack of proper identification for individuals
recently released from prison is a major barrier to successful
community reintegration. In California, when individuals are
released from prison, they do not receive any identification
that will aid them in their transition back into society.
For inmates who have served long sentences, identification can
be outdated or lost during the process of traveling through
the criminal justice system.
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
identification can make it extremely difficult to cash
paychecks or open a bank account - all vital tools in becoming
a contributing member of society.
3)Argument in Support :
a) The American Civil Liberties Union states, "[w]ithout
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."
b) According to the California Public Defenders
Association , "[p]roviding DMV issued California
AB 777
Page 4
identification carts to individuals soon to be released
from prison makes smart fiscal sense and will enhance
public safety. California has the dubious distinction of
boasting 70% recidivism rate. California shares collective
responsibility for failing to focus resources on preparing
prisoners to successfully re-enter society and become
productive members. In its 2007 report to the Legislature,
the Little Hoover Commission (LHC) recommended the
establishment of a corrections inter-agency task force
which would include all government agencies that are or
could assist offenders in getting a job, finding housing,
obtaining photo identification and California Driver's
Licenses, and, treat addiction or mental health issues.
LHC specifically named DMV as one of the task force
participants."
4)Prior Legislation : AB 639 (Hancock), 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
A New PATH
All of Us or None
American Civil Liberties Union
California Catholic Conference
California Public Defenders Association
Justice Now
Legal Services for Prisoners with Children
National Employment Law Project
Seven private individuals
Opposition
None
Analysis Prepared by : Gabriel Caswell / PUB. S. / (916)
319-3744