BILL ANALYSIS
AB 1244
Page 1
Date of Hearing: January 12, 2009
Counsel: Gabriel Caswell
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Tom Ammiano, Chair
AB 1244 (Block) - As Amended: January 5, 2009
SUMMARY : Provides an inmate with an identification card that
may be used as a valid source of identification for the purpose
of obtaining a valid California driver's license or California
identification (ID) card upon release. Specifically, this bill :
1)States that the California Department of Motor Vehicles (DMV)
and the California Department of Corrections and
Rehabilitation (CDCR) shall jointly adopt rules and enter into
interagency agreements necessary to establish the identity of
an offender for the purpose of assisting the offender in
obtaining a driver's license or ID immediately upon the
offender's release from a CDCR institution.
2)Specifies that the CDCR may provide an offender a Parolee
Identification Card that shall be honored by the DMV as a
valid source of identification for the purposes of applying
for a driver's license or ID.
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).]
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
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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 DMV 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 ID fee at $20. The fee for an original or
replacement ID 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 the DMV. (Vehicle Code
Section 14902.)
FISCAL EFFECT : Unknown
COMMENTS :
1)Author's Statement : According to the author, "One of the
barriers to a successful re-entry by inmates leaving state
prison and entering our communities is the difficulty in
obtaining a California Drivers License or California
Identification Card. In order to obtain employment, get a bus
pass, register for an educational or vocational program or
cash a money order, valid identification is necessary. In San
Diego, without a California Driver's License or Identification
Card, SB 618 participants leaving state prison have a more
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difficult time successfully integrating into the workforce.
The process for obtaining identification is difficult at best.
This bill facilitates that process."
2)Background : According to the background provided by the
author, "Successful re-entry by paroled offenders into our
communities provides significant cost savings to the state.
Unfortunately, one of the many barriers to successful re-entry
is lack of valid identification for paroled offenders. AB
1244 would allow CDCR to provide those parolees in good
standing with the DMV with a CDCR identification card
immediately prior to release from the institution. AB 1244
would also authorize DMV to honor the CDCR identification card
and allow parolees to use it to obtain a valid California
Drivers License or California Identification Card."
3)Examples of Obstacles to Obtaining Valid Identification and
Service:
a) Applicants need a birth certificate to obtain a
California driver's license or California ID. This is
very difficult to obtain while in prison as the application
must be notarized in states such as California and Arizona.
When a parolee is released, he or she can request a copy
of his or her birth certificate for a fee of $15 from the
county office.
b) Parolees cannot secure a Social Security card without an
ID card.
c) Parolees have no gainful employment without a Social
Security or ID card.
d) Parolees cannot cash checks, money orders, or receive
money from Western Union.
e) Parolees are unable to access government assistance,
such as food stamps, emergency food assistance, general
relief, Cal Works, a bank account, or enroll in selective
service.
f) Parolees cannot get a reduced rate bus pass without a
photo ID and, therefore, cannot secure affordable public
transportation.
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g) Parolees cannot register for any educational/vocational
programs.
h) Government IDs are needed for most non-profit community
based assistance.
4)Argument in Support : According to the United African American
Ministerial Action Council , "AB 1244 would allow the
California Department of Corrections and Rehabilitation (CDCR)
to provide paroled offenders a CDCR identification card prior
to their release from state prison that can be used to obtain
a California Driver's License or Identification Card from the
Department of Motor Vehicles (DMV).
"A barrier to successful re-entry by inmates leaving state
prison and entering our communities is the difficulty in
obtaining proper identification. In order to obtain
employment, get a bus pass, register for educational or
vocational programs or cash a money order, a valid
identification is necessary.
"In San Diego, without a driver's license or identification
card, SB 618 participants leaving state prison have a more
difficult time successfully integrating into the workforce.
The process for obtaining identification is difficult at best.
AB 1244 facilitates this process by authorizing DMV to honor
the CDCR identification card."
5)Prior Legislation : AB 639 (Hancock), 2007-08 Legislative
Session, would have provided that prior to release on parole,
the CDCR shall take reasonable steps to ensure that each
parolee successfully obtains a valid California ID card issued
by the DMV. AB 639 was vetoed.
REGISTERED SUPPORT / OPPOSITION :
Support
Friends Committee on Legislation of California
United African American Ministerial Action Council
Opposition
None
AB 1244
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Analysis Prepared by : Gabriel Caswell / PUB. S. / (916)
319-3744