BILL ANALYSIS
AB 1244
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Date of Hearing: January 21, 2010
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Kevin De Leon, Chair
AB 1244 (Block) - As Amended: January 15, 2010
Policy Committee: Public
SafetyVote: 7-0
Urgency: No State Mandated Local Program:
No Reimbursable:
SUMMARY
This bill:
1)Requires the California Department of Motor Vehicles (DMV) and
the California Department of Corrections and Rehabilitation
(CDCR) to jointly adopt rules and enter into interagency
agreements to establish the identity of prison inmates to help
inmates obtain a driver's license (DL) or identification (ID)
card immediately upon release from prison.
2)Authorizes CDCR to provide inmates a Parolee Identification
Card (PIC) that must be honored by the DMV as a valid source
of identification for the purpose of applying for a DL or ID
card.
3)Specifies that nothing in this measure is intended to abrogate
any CA Vehicle Code (VC) requirements.
FISCAL EFFECT
1)Moderate new ongoing GF costs, in the range of $250,000, to
DMV to process and verify PICs for purposes of issuing DLs.
2)Significant new ongoing GF costs to CDCR that could range into
the low millions of dollars for additional staff to establish
inmate identities and issue PICs. (About 115,000 inmates are
paroled annually, though many already have a DL and/or access
to source ID.) Costs would depend on the level of effort
dedicated to verifying inmate identification. CDCR could issue
PICs based on existing files and information provided by
inmates, or staff could search for source documentation
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(similar to what DMV requires for a DL) such as a birth
certificate and social security number).
COMMENTS
1)Rationale . According to 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."
Although there is currently a process by which DMV provides
inmates with identification to facilitate their transition
back into society, the author contends this practice should be
enhanced to ensure parolees are equipped to re-enter society.
Currently, if CDCR personnel provide certification, an inmate
may receive a DMV-issued ID upon release. DMV field agents
visit CDCR facilities to take a photo and collect a fee. DMV
indicates its prison visits occur sporadically.
2)Current law authorizes DMV to issue an ID card or DL to any
person with proper identifying data. DMV generally requires
source documents, such as a birth certificate, as determined
by DMV as necessary to establish identity. CA Vehicle Code
(VC) 12800.7 states: "Upon application for an original or
duplicate license the department may require the applicant to
produce any identification that it determines is necessary in
order to ensure the name of the applicant stated in the
application is his or her true, full name?"
Additionally, VC, Section 13000(c), requires each ID applicant
to provide documentary evidence of age and identity: "?shall
be supported by bona fide documentary evidence of the age and
identity of the applicant as the department may require?"
3)The bill appears internally inconsistent. As the stated intent
of this bill is not to abrogate VC requirements, DMV would not
have to accept a CDCR PIC as a valid source of identification
for a DL.
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4)The PIC for a DL proposal appears inconsistent with state law
as well as federal law. According to preliminary discussions
with DMV, accepting another state department's ID card
contradicts the spirit and intent of state law, as well as the
pending federal Real ID Act and the PASS ID (Providing
Additional Security in States ID Act - the successor to Real
ID).
Currently CDCR has no process to verify an inmate's full name,
birth date, legal presence, and social security number.
The integrity of what the federal Department of Homeland
Security as well as the DMV refer to as the "one license, one
identity, one record" mission could be compromised by this
proposal for the following reasons:
a) Although DOJ establishes a record for every person
arrested and booked in California, no verification of
the person's identity is established. Verification that
a person is not undocumented does not verify identity.
Name, SSN, DOB, and place of birth are not verified by
CDCR.
b) Many inmates have multiple names and aliases and
have been known to intentionally provide false
information to law enforcement.
c) Identification certification letters from CDCR
that are accepted by DMV are not acceptable for use
under Real ID/PASS regulations and would be phased out
as an acceptable birth date/legal presence document.
Issuing PICs and DLs without verification of source
documentation also raise issues related to identity theft and
fraud.
1)Current Efforts. DMV has worked with CDCR since July 2008 to
provide inmates' ID cards and DLs on a pilot basis. According
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to DMV, as of December 23, 2009, DMV helped 2,712 attendees
schedule DMV appointments, review driver licensing
eligibility, and access DMV materials.
As of December 23, 2009, DMV completed 595 database inquiries
to determine eligibility for DLs and ID cards. Seventy-one
applicants were eligible for a DL and 479 were eligible for an
ID card. Less than 40% of inmates found to be eligible for a
DL followed through with payment and application. Less than
27% of inmates found eligible for an ID card followed through
with payment and application. A total of 28 DLs and 129 ID
cards have been issued to inmates since the effort began in
August 2008.
According to DMV, the main obstacle to inmate participation is
the cost. Funds must first be available in the inmate's trust
account. Moreover, any funds withdrawn from the account are
surcharged for victim restitution at about 40%. So an ID card
ends up costing the inmate $36 rather than $26, though with
proof of indigency, the DMV cost is only $6.
2)Prior Legislation .
a) AB 2099 (Hancock), 2008, which 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 DMV, was vetoed.
The governor stated that while he agreed with the concept
of assisting parolees, he objected to providing parolees
services not available to the general public:
"As I stated in my veto message of a similar bill last
year, this bill will result in parolees receiving services
that are not currently available to the majority of the
general public. For example, the Department of Motor
Vehicles does not perform the function of determining
whether or not members of the general public have the
ability to pay applicable identification card fees. These
services must be applied for through other governmental or
non-profit public assistance programs."
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b) AB 639 (Hancock), 2007, was similar to AB 2099 and was
vetoed.
c) AB 777 (Bass), 2009, was similar to the Hancock bills,
though in pilot form, and was held on this committee's
Suspense file.
Analysis Prepared by : Geoff Long / APPR. / (916) 319-2081