103579.
(a) The local registrar, county recorder, or the State Registrar, shall, without an issuance fee, issue a certified record of live birth to any person who attests that they are currently incarcerated in prison or a county correctional facility, on the affidavit described in subdivision (c), and whose status as an incarcerated person at the time of application can be verified. Incarceration status at the time of application shall be promptly verified by any of the following methods: (1) Confirmation of active incarceration status through the Department of Corrections and Rehabilitation or county “Inmate Locator” internet website or other online or telephonic means.
(2) Indication on the envelope received that the attestation was sent from a prison or correctional institution.
(3) Inclusion of other evidence with the attestation that the person is incarcerated, including, but not limited to, a copy of a prison ID card.
(4) Signature on affidavit of any prison or correctional official or staff member confirming the current incarceration of the subject of the application.
(5) Another means for verifying a person’s incarceration deemed adequate by the local registrar, county recorder, or State Registrar.
(b) In accordance with all other application requirements as set forth in Section 103526, a request for a certified record of live birth made pursuant to this section shall be made by an incarcerated person on behalf of themselves or by a person lawfully entitled to request a certified record of live birth on behalf of the incarcerated person. A person applying for a certified record of live birth under this section is entitled to one birth record, per application, for each eligible person verified as an incarcerated person. A person applying for a certified record of live birth under this section shall not be charged a fee for verification of their eligibility.
(c) The State Department of Public Health shall develop an affidavit attesting to the incarceration status of a person whose birth record is sought, which shall be used by local registrars, county recorders, and the State Registrar. The affidavit shall not be deemed complete unless it is signed by the person making a request for a certified record of live birth. The affidavit shall include a section with the option of an additional affidavit from a prison or correctional official, as one option for verifying current incarceration under paragraph (4) of subdivision (a).
(d) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement and administer this section through an all-county letter or similar instructions from the director or State Registrar without taking regulatory action.
(e) The State Registrar shall provide one copy per year of a certified record to a requester pursuant to this section, and may provide additional copies at their discretion.