BILL ANALYSIS �
AB 1577
Page 1
Date of Hearing: March 20, 2012
Counsel: Stella Choe
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Tom Ammiano, Chair
AB 1577 (Atkins) - As Introduced: February 2, 2012
REVISED
SUMMARY : Authorizes the California Department of Corrections
and Rehabilitation (CDCR) or county jails to provide an offender
with a parolee identification card and requires the Department
of Motor Vehicles (DMV) to honor that card as a valid source of
identification for the purposes of applying for a driver's
license or an identification card. Specifically, this bill :
1)Mandates DMV, CDCR and county jails to 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 identification
card immediately upon the offender's release from an
institution of CDCR or a county jail.
2)States that nothing in this bill is intended to abrogate any
requirement set forth in the Vehicle Code.
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 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. �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 provide, under
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guidelines specified by the Board of Parole Hearings (board)
or CDCR, whichever is applicable, 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 CDCR or the board,
whichever is applicable. CDCR or the board 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)(7).]
3)Authorizes DMV to 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.)
4)Provides that 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 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. (Vehicle Code Section 12800.7.)
5)States that DMV, notwithstanding any other provision of 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. �Vehicle Code Section 12801(a).]
6)States that DMV, notwithstanding any other provision of law,
shall require an applicant for an original driver's license or
identification card to submit satisfactory proof that the
applicant's presence in the United States is authorized under
federal law. DMV shall not issue an original driver's license
or identification card to a person who does not submit
satisfactory proof that the applicant's presence in the United
States is authorized under federal law. DMV shall adopt
regulations to carry out the purposes of this section,
including procedures for, but not limited to, (a) verifying
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that the applicant's presence in the United States is
authorized under federal law, (b) issuance of a temporary
license pending verification of the applicant's status, and
(c) appeal hearings from a denial of a license, temporary
license, or identification card. (Vehicle Code Section
12801.5.)
7)Sets the cost of an identification card fee at $26. 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 DMV.
(Vehicle Code Section 14902.)
FISCAL EFFECT : Unknown
COMMENTS :
1)Author's Statement : According to the author, "AB 1577 would
direct the Department of Motor Vehicles (DMV), Department of
Corrections and Rehabilitation (CDCR), and county jails to
develop plans assisting offenders in obtaining a state
driver's license or state identification card immediately upon
release from prison or jail. The bill also requires the
Department of Motor Vehicles to accept identification cards
issued by CDCR institutions and county jails as valid sources
of identification to use in applying for a state driver's
license or state identification card.
"A primary barrier to the successful reintegration of formerly
incarcerated individuals is difficulty obtaining a valid form
of identification upon release. The practices of state and
local corrections facilities regarding the storage of
incarcerated individuals' possessions are inconsistent and
often result in total loss. As a result, formerly
incarcerated individuals often do not have a birth
certificate, social security card, or driver's license upon
release.
"Without valid identification, a person cannot access many of
the basic resources needed to avoid recidivating and
successfully reintegrate into their communities. They cannot
access government assistance such as food stamps, general
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assistance, and Social Security benefits. Neither can they
open a bank account, cash checks or money orders, or enroll in
selective services.
"By directing the DMV and our state and local corrections
facilities to collaborate on how to assist offenders to obtain
these universal forms of ID immediately upon release from
prison or jail, AB 1577 ensures the key entities who would
implement these plans are the ones involved in developing
them. The bill does not prescribe the content of these plans;
it simply directs the stakeholders to make the necessary
arrangements to fulfill the stated goal of assisting offenders
to obtain valid identification immediately upon release.
"The goals of AB 1577 are consistent with current efforts. In
September 2010, CDCR committed to work with the California
Prison Industry Authority (PIA) and DMV to administer the
"California Identification Project" pilot program. As one of
CDCR's "Employment and Reentry Initiatives," the program
provides an official California Identification (ID) card for
certain paroling inmate populations at pilot institutions.
The stated goal of this program is to enhance the
employability of parolees and to facilitate the collection of
right-to-work documents. It is federally funded by the U.S.
Department of Justice under the Prison Reentry Initiative.
The duration of the pilot program is 24 months.
"The experiences of this pilot program assisting parolees to
have valid ID upon release from state prison can be used to
inform the planning process required by AB 1577 which includes
local corrections facilities."
2)DMV Requirements : Pursuant to the Vehicle Code, in order to
obtain an original California identification card or driver's
license, an applicant must fill out the appropriate forms,
have his or her photo taken, provide a Social Security number
that will be verified with the Social Security Administration,
present a birth certificate, and provide a thumb print. The
applicant is also required to certify that he or she is
legally present in the country, which will be verified by the
Department of Homeland Security. An application to renew an
identification card or driver's license, on the other hand,
requires only that the applicant fill out the appropriate
form, provide a thumb print and have his or her photo taken.
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This bill specifies that it is not intended to abrogate any
requirements under the Vehicle Code. A parolee applying for
an original California identification card or driver's license
will still have to provide a birth certificate, Social
Security number, or prove that the applicant is legally
present in the country. If the parolee had a valid California
identification card or driver's license that was lost or
expired, he or she will only have to fill out an application
and provide a thumb print and have their photo taken in order
to renew his or her identification card or driver's license.
3)True Identity of Parolees Sometimes Unknown : Often times when
a person is arrested, the person will not have an
identification card with him or her. In those cases, the
person's identification is based on personal information
gathered during the booking process and the person's
fingerprints. If the arrestee provides a false name, or even
the name of a family member or friend who has never been
arrested, the arrestee will have his or her fingerprints
linked to the false name or other name provided during
booking. Providing identification cards to parolees based on
the current biometric system may encourage the prolonged use
of another person's identity or false name beyond a person's
stay in jail.
4)Counterfeit Identification Cards : In order to reduce
tampering and forged California identification cards, DMV
began issuing a newly designed, more secure California driver
license and identification card in October 2010. According to
DMV Director George Valverde, "The new security features,
coupled with advanced technology, make California driver
licenses and identification cards one of the most secure
identification documents in the country." These new security
features are intended to make tampering with or counterfeiting
the cards much more difficult.
� (as of March 14,
2012).]
There are 58 counties within California. While this bill does
not authorize a new form of state issued identification, it
does authorize each county jail to issue identification cards
which, in turn, would be used as a valid source of
identification for the purposes of applying for a state
driver's license or identification card. Allowing each county
jail to issue a parolee identification card will inevitably
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lead to varying forms of identification cards from each
county. Additionally, DMV employees will be tasked with
determining whether these parolee identification cards are
authentic, which will be difficult to determine because of the
varied format of each card.
5)Argument in Support : According to the California Public
Defenders Association , "Providing parolee identification cards
prior to or upon release makes smart fiscal sense and will
enhance public safety. 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."
6)Previous Legislation :
a) AB 2262 (Bass and Block), of the of the 2009-10
Legislative Session, would have required CDCR to provide
each inmate, prior to his or her release, with the inmates
identification card number or driver's license number, if
one existed in the inmate's central file. AB 2262 was held
on the Senate Appropriations Committee's Suspense File.
b) AB 777 (Bass), of the of the 2009-10 Legislative
Session, would have required CDCR to establish a pilot
program at two state facilities to provide each inmate at
those facilities, prior to his or her release, a valid
California identification card issued by the DMV. AB 777
was held on the Assembly Appropriations Committee's
Suspense File.
c) AB 639 (Hancock), of the 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 :
AB 1577
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Support
California Attorneys for Criminal Justice
California Public Defenders Association
Friends Committee on Legislation of California
Legal Services for Prisoners with Children
Opposition
None
Analysis Prepared by : Stella Choe / PUB. S. / (916) 319-3744