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AB-2835 Prisoners: identification cards.(2019-2020)

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Date Published: 02/20/2020 09:00 PM
AB2835:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 2835

Introduced by Assembly Member Mark Stone

February 20, 2020

An act to add Section 3007.06 to, and to repeal and add Section 3007.05 of, the Penal Code, relating to prisoners.


LEGISLATIVE COUNSEL'S DIGEST


AB 2835, as introduced, Mark Stone. Prisoners: identification cards.
Existing law requires the Department of Corrections and Rehabilitation and the Department of Motor Vehicles to ensure that all eligible inmates released from state prison have valid identification cards. Existing law also establishes requirements for the Department of Corrections and Rehabilitation for persons in state prison who are exonerated, including transitional services and financial support, as specified.
This bill would authorize the Department of Corrections and Rehabilitation to process original and renewal requests for California identification cards and all licenses contained in the Vehicle Code. The bill would authorize the Department of Corrections and Rehabilitation to take necessary steps to process original and renewal requests, such as obtaining Department of Motor Vehicles-approved cameras, obtaining documents on behalf of inmates, and administering licensing examinations, as specified. This bill would also require the Department of Corrections and Rehabilitation to allow inmates to retain their prison-issued identification cards upon release and directs the Department of Motor Vehicles to accept this form of identification for California identification cards and driver’s license applications, as specified. This bill would require the Department of Corrections and Rehabilitation to prepare an annual report for the Legislature regarding this program that includes information about the number of inmates assisted, the number of facilities providing services, and impediments to program implementation.
This bill would make technical, nonsubstantive changes to the law pertaining to exonerated persons.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 3007.05 of the Penal Code is repealed.
3007.05.

(a)The Department of Corrections and Rehabilitation and the Department of Motor Vehicles shall ensure that all eligible inmates released from state prisons have valid identification cards, issued pursuant to Article 5 (commencing with Section 13000) of Chapter 1 of Division 6 of the Vehicle Code.

(b)For purposes of this section, “eligible inmate” means an inmate who meets all of the following requirements:

(1)The inmate has previously held a California driver’s license or identification card.

(2)The inmate has a usable photo on file with the Department of Motor Vehicles that is not more than 10 years old.

(3)The inmate has no outstanding fees due for a prior California identification card.

(4)The inmate has provided, and the Department of Motor Vehicles has verified, all of the following information:

(A)The inmate’s true full name.

(B)The inmate’s date of birth.

(C)The inmate’s social security number.

(D)The inmate’s legal presence in the United States.

(c)The Department of Corrections and Rehabilitation shall assist a person who is exonerated as to a conviction for which the person is serving a state prison sentence at the time of exoneration with all of the following:

(1)Transitional services, including housing assistance, job training, and mental health services, as applicable. The services shall be offered within the first week of an individual’s exoneration and again within the first 30 days of exoneration. Services shall be provided for a period of not less than six months and not more than one year from the date of release unless the exonerated person qualifies for services beyond one year under existing law.

(2)Enrollment in the Medi-Cal program established pursuant to Chapter 7 (commencing with Section 14000) of Part 3 of Division 9 of the Welfare and Institutions Code.

(3)(A)Enrollment in the CalFresh program established pursuant to Chapter 10 (commencing with Section 18900) of Part 6 of Division 9 of the Welfare and Institutions Code.

(B)Exonerated persons who are ineligible for CalFresh benefits pursuant to the federal Supplemental Nutrition Assistance Program limitation specified in Section 2015(o) of Title 7 of the United States Code shall be given priority for receipt of the 15-percent exemption specified in Section 2015(o)(6) of Title 7 of the United States Code. The State Department of Social Services shall issue guidance to counties regarding that requirement.

(4)Referral to the Employment Development Department and applicable regional planning units for workforce services.

(5)Enrollment in the federal supplemental security income benefits program pursuant to Title XVI of the federal Social Security Act (42 U.S.C. Sec. 1381 et seq.) and state supplemental program pursuant to Title XVI of the federal Social Security Act and Chapter 3 (commencing with Section 12000) of Part 3 of Division 9 of the Welfare and Institutions Code.

(d)(1)In addition to any other payment to which the person is entitled to by law, a person who is exonerated shall be paid the sum of one thousand dollars ($1,000) upon release, from funds to be made available upon appropriation by the Legislature for this purpose.

(2)In addition to any other payment to which the person is entitled to by law, a person who is exonerated shall be paid the sum of five thousand dollars ($5,000) upon release, to be used for housing, including, but not limited to, hotel costs, mortgage expenses, a down payment, security deposit, or any payment necessary to secure and maintain rental housing or other housing accommodations. The exonerated person shall also be entitled to receive direct payment or reimbursement for reasonable housing costs for a period of not more than four years following release from custody. The Department of Corrections and Rehabilitation shall disburse payments or reimbursements pursuant to this paragraph from funds to be made available upon appropriation by the Legislature for this purpose.

(3)As used in paragraph (2), the term “reasonable housing costs” means all the following:

(A)For hotel costs, the cost of lodging, not to exceed 25 percent above the federal General Services Administration’s per diem lodging reimbursement rate.

(B)For payments necessary to secure and maintain rental housing, both of the following:

(i)The actual cost of any security deposits necessary to secure a rental housing unit.

(ii)The cost of rent, not to exceed 25 percent above the fair market value as defined by the United States Department of Housing and Urban Development.

(C)For mortgage expenses, the cost of mortgage payments, not to exceed 25 percent above the Federal Housing Administration’s area loan limits.

(e)For the purposes of this section, “exonerated” means the person has been convicted and subsequently one of the following occurred:

(1)A writ of habeas corpus concerning the person was granted on the basis that the evidence unerringly points to innocence, or the person’s conviction was reversed on appeal on the basis of insufficient evidence.

(2)A writ of habeas corpus concerning the person was granted pursuant to Section 1473, either resulting in dismissal of the criminal charges for which the person was incarcerated or following a determination that the person is entitled to release on the person’s own recognizance, or to bail, pending retrial or pending appeal.

(3)The person was given an absolute pardon by the Governor on the basis that the person was innocent.

SEC. 2.

 Section 3007.05 is added to the Penal Code, to read:

3007.05.
 (a) The Department of Corrections and Rehabilitation and the Department of Motor Vehicles shall ensure that all inmates released from state prison have a valid identification card, or, for those who satisfactorily complete the requirements, any other license issued pursuant to Division 6 (commencing with Section 12500) of the Vehicle Code.
(b) In order to process original or renewal requests for California identification cards and driver’s licenses, including Real IDs, the Department of Corrections and Rehabilitation shall do all of the following:
(1) Ensure all Department of Corrections and Rehabilitation facilities in which inmates are incarcerated have the necessary equipment, including, but not limited to, Department of Motor Vehicles-approved cameras.
(2) Obtain on behalf of, and with the written consent of, a requesting inmate any required documentation such as a birth certificate and social security account number or social security account card for use in an application for a California identification card, Real ID, or original or renewal driver’s license.
(3) Provide inmates at least 13 months prior to release the ability to obtain their renewal license and 24 months prior to release the ability to obtain the necessary documents for an original license. Inmates who are serving life with the possibility of parole will become eligible for the program when they are scheduled for their first Board of Parole terms hearing. People whose sentences are shortened to less than the identified timeline due to resentencing, court decision, new law, commutation, or other change of circumstances will become immediately eligible.
(4) Make any necessary licensing examinations available to inmates, with the exception of, for driver’s licenses, an examination of the applicant’s ability to exercise ordinary and reasonable control in operating a motor vehicle as described in subparagraph (D) of paragraph (1) of subdivision (a) of Section 12804.9 of the Vehicle Code.
(c) The Department of Corrections and Rehabilitation shall allow an inmate to retain possession of the inmate’s prison-issued identification card upon release. The Department of Motor Vehicles shall consider a Department of Corrections and Rehabilitation issued inmate identification card sufficient proof of identity for purposes of Section 12800.7 of the Vehicle Code and shall update lists of acceptable proof of identity documents accordingly.
(d) The Department of Corrections and Rehabilitation shall annually prepare a report for the Legislature about this program that includes the following information:
(1) The number of inmates provided with original and renewal identifications, renewal licenses, disaggregated by license type, and written examinations disaggregated by license type.
(2) The number of Department of Corrections and Rehabilitation facilities that are providing license and ID services to inmates.
(3) Any impediment to implementation of this program and recommendations for resolution of those issues.

SEC. 3.

 Section 3007.06 is added to the Penal Code, to read:

3007.06.
 (a) The Department of Corrections and Rehabilitation shall assist a person who is exonerated as to a conviction for which the person is serving a state prison sentence at the time of exoneration with all of the following:
(1) Transitional services, including housing assistance, job training, and mental health services, as applicable. The services shall be offered within the first week of an individual’s exoneration and again within the first 30 days of exoneration. Services shall be provided for a period of not less than six months and not more than one year from the date of release unless the exonerated person qualifies for services beyond one year under another law.
(2) Enrollment in the Medi-Cal program established pursuant to Chapter 7 (commencing with Section 14000) of Part 3 of Division 9 of the Welfare and Institutions Code.
(3) (A) Enrollment in the CalFresh program established pursuant to Chapter 10 (commencing with Section 18900) of Part 6 of Division 9 of the Welfare and Institutions Code.
(B) Exonerated persons who are ineligible for CalFresh benefits pursuant to the federal Supplemental Nutrition Assistance Program limitation specified in Section 2015(o) of Title 7 of the United States Code shall be given priority for receipt of the 15-percent exemption specified in Section 2015(o)(6) of Title 7 of the United States Code. The State Department of Social Services shall issue guidance to counties regarding that requirement.
(4) Referral to the Employment Development Department and applicable regional planning units for workforce services.
(5) Enrollment in the federal supplemental security income benefits program pursuant to Title XVI of the federal Social Security Act (42 U.S.C. Sec. 1381 et seq.) and state supplemental program pursuant to Title XVI of the federal Social Security Act and Chapter 3 (commencing with Section 12000) of Part 3 of Division 9 of the Welfare and Institutions Code.
(b) (1) In addition to any other payment to which the person is entitled to by law, a person who is exonerated shall be paid the sum of one thousand dollars ($1,000) upon release, from funds to be made available upon appropriation by the Legislature for this purpose.
(2) In addition to any other payment to which the person is entitled to by law, a person who is exonerated shall be paid the sum of five thousand dollars ($5,000) upon release, to be used for housing, including, but not limited to, hotel costs, mortgage expenses, a down payment, security deposit, or any payment necessary to secure and maintain rental housing or other housing accommodations. The exonerated person shall also be entitled to receive direct payment or reimbursement for reasonable housing costs for a period of not more than four years following release from custody. The Department of Corrections and Rehabilitation shall disburse payments or reimbursements pursuant to this paragraph from funds to be made available upon appropriation by the Legislature for this purpose.
(3) As used in paragraph (2), the term “reasonable housing costs” means all the following:
(A) For hotel costs, the cost of lodging, not to exceed 25 percent above the federal General Services Administration’s per diem lodging reimbursement rate.
(B) For payments necessary to secure and maintain rental housing, both of the following:
(i) The actual cost of any security deposits necessary to secure a rental housing unit.
(ii) The cost of rent, not to exceed 25 percent above the fair market value as defined by the United States Department of Housing and Urban Development.
(c) For mortgage expenses, the cost of mortgage payments, not to exceed 25 percent above the Federal Housing Administration’s area loan limits.
(d) For the purposes of this section, “exonerated” means the person has been convicted and subsequently one of the following occurred:
(1) A writ of habeas corpus concerning the person was granted on the basis that the evidence unerringly points to innocence, or the person’s conviction was reversed on appeal on the basis of insufficient evidence.
(2) A writ of habeas corpus concerning the person was granted pursuant to Section 1473, either resulting in dismissal of the criminal charges for which the person was incarcerated or following a determination that the person is entitled to release on the person’s own recognizance, or to bail, pending retrial or pending appeal.
(3) The person was given an absolute pardon by the Governor on the basis that the person was innocent.