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AB-717 Prisoners: identification cards.(2021-2022)

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Date Published: 04/07/2021 09:00 PM
AB717:v98#DOCUMENT

Amended  IN  Assembly  April 07, 2021

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 717


Introduced by Assembly Member Stone
(Coauthors: Assembly Members Grayson and Wicks Berman, Carrillo, Chiu, Cristina Garcia, Grayson, Lee, McCarty, Quirk, Santiago, Ting, and Wicks)
(Coauthors: Senators Laird, Umberg, and Wiener)

February 16, 2021


An act to add Section 3007.06 to, and to repeal and add Section 3007.05 of, the Penal Code, and to amend Section 14902 of the Vehicle Code, relating to prisoners.


LEGISLATIVE COUNSEL'S DIGEST


AB 717, as amended, 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. Existing law establishes an $8 fee for a replacement identification card issued to an eligible inmate upon release from a state or federal correctional facility or a county jail, as specified.
This bill would require the Department of Corrections and Rehabilitation to ensure all inmates released from state prison are released with a valid California identification card. The bill would require, among other things, that the California Department of Corrections and Rehabilitation obtain Department of Motor Vehicles-approved cameras, determine the documentation inmates require for California identification cards and driver’s licenses and provide inmates with the opportunity and means to obtain those documents, provide inmates with the opportunity and means to work with the Department of Motor Vehicles to obtain a California identification card or driver’s license, and to make licensing examinations available to inmates. The 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 extend the $8 fee to an original or duplicate identification card as well as to an original, duplicate, or renewal driver’s license issued to an inmate upon release, as specified.
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.

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 are released with a valid California identification card or driver’s license.
(b) In order to process original, duplicate, or renewal requests for California identification cards and driver’s licenses, 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) As soon as an inmate is within 24 months of release, determine the documentation the inmate requires to obtain a California identification card or driver’s license, such as a birth certificate or social security account card. Upon receiving written consent from the inmate, facilitate the process between the inmate and the agencies holding the documentation by providing the means and opportunity, including, but not limited to, any forms, fees, notary services, and mailing-related needs, to ensure the inmate obtains the required documentation as soon as possible. For an inmate serving a life sentence, begin this process as soon as the inmate is within 24 months of their minimum eligible parole date. Immediately begin this process for an inmate whose sentence is shortened to within 24 months of release for any reason.
(3) As soon as an inmate is within 13 months of release, with written consent from the inmate, work with the Department of Motor Vehicles and provide the means and opportunity, including, but not limited to, any forms, photographs, and mailing-related needs, to ensure the inmate receives an original, renewal, or duplicate California identification card or driver’s license at release. For an inmate serving a life sentence, begin this process as soon as the inmate is within 13 months of their minimum eligible parole date. Immediately begin this process for an inmate whose sentence is shortened to less than 13 months for any reason.
(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 provide inmates their California identification card or driver’s license, plus any additional documents obtained on their behalf, upon their release.
(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 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.
(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.
(c) 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. 4.

 Section 14902 of the Vehicle Code is amended to read:

14902.
 (a) Except as otherwise provided in subdivisions (b), (c), (d), (g), and (h) of this section, subdivision (c) of Section 13002, and subdivision (c) of Section 14900, upon an application for an identification card a fee of twenty dollars ($20), and on and after January 1, 2010, a fee of twenty-six dollars ($26), shall be paid to the department.
(b) An original or replacement senior citizen identification card issued pursuant to subdivision (b) of Section 13000 shall be issued free of charge.
(c) 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 under Chapter 2 (commencing with Section 11200) or Chapter 3 (commencing with Section 12000) of Part 3 of, or Part 5 (commencing with Section 17000) of, or Article 9 (commencing with Section 18900) of Chapter 10 of Part 6 of, or Chapter 10.1 (commencing with Section 18930) or Chapter 10.3 (commencing with Section 18937) of Part 6 of, Division 9 of the Welfare and Institutions Code shall be six dollars ($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 department.
(d) A fee shall not be charged for an original or replacement identification card issued to any person who can verify his or her their status as a homeless person or homeless child or youth. A homeless services provider that has knowledge of the person’s housing status may verify the person’s status for purposes of this subdivision. A determination of eligibility pursuant to this subdivision shall be subject to regulations adopted by the department. A person applying for an identification card under this subdivision shall not be charged a fee for verification of his or her their eligibility.
(e) All fees received pursuant to this section shall be deposited in the Motor Vehicle Account.
(f) For purposes of this section, the following definitions apply:
(1) A “homeless child or youth” has the same meaning as the definition of “homeless children and youths” as set forth in the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11301 et seq.).
(2) A “homeless person” has the same meaning as the definition set forth in the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11301 et seq.).
(3) A “homeless services provider” includes:
(A) A governmental or nonprofit agency receiving federal, state, or county or municipal funding to provide services to a “homeless person” or “homeless child or youth,” or that is otherwise sanctioned to provide those services by a local homeless continuum of care organization.
(B) An attorney licensed to practice law in this state.
(C) A local educational agency liaison for homeless children and youth designated as such pursuant to Section 11432 (g)(1)(J)(ii) of Title 42 of the United States Code, or a school social worker.
(D) A human services provider or public social services provider funded by the State of California to provide homeless children or youth services, health services, mental or behavioral health services, substance use disorder services, or public assistance or employment services.
(E) A law enforcement officer designated as a liaison to the homeless population by a local police department or sheriff’s department within the state.
(F) Any other homeless services provider that is qualified to verify an individual’s housing status, as determined by the department.
(g) The fee for a replacement an original, duplicate, or renewal identification card or driver’s license issued to an eligible inmate upon release from a state or federal correctional facility or a county jail facility is eight dollars ($8). For purposes of this subdivision, “eligible inmate” means an inmate who meets all of the following requirements:

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

(2)The inmate has a usable photo on file with the department 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 has verified, his or her true full name, date of birth, social security number, and legal presence in the United States.

(5)The inmate currently resides in a facility housing inmates under the control of the Department of Corrections and Rehabilitation, a federal correctional facility, or a county jail facility.

(6)The inmate has provided the department, upon application, a verification of his or her eligibility under this subdivision that meets all of the following requirements:

(A)Be on state or federal correctional facility letterhead or county sheriff letterhead.

(B)Be typed or computer generated.

(C)Contain the inmate’s name.

(D)Contain the inmate’s date of birth.

(E)Contain the original signature of an official from the state or federal correctional facility or county sheriff’s office.

(F)Be dated within 90 days of the date of application.

(h) The fee for a replacement identification card issued to an eligible patient treated in a facility of the State Department of State Hospitals is eight dollars ($8). For purposes of this subdivision, “eligible patient” means a patient who meets all of the following requirements:
(1) The patient previously held a California driver’s license or identification card.
(2) The patient has a usable photo on file with the department that is not more than 10 years old.
(3) The patient has no outstanding fees due for a prior California identification card.
(4) The patient has provided, and the department has verified, his or her their true full name, date of birth, social security number, and legal presence in the United States.
(5) The patient is currently preparing to be unconditionally discharged from a facility of the State Department of State Hospitals, or through a conditional release program.
(6) The patient has provided the department, upon application, a verification of his or her their eligibility under this subdivision that meets all of the following requirements:
(A) Be on State Department of State Hospitals letterhead.
(B) Be typed or computer generated.
(C) Contain the patient’s name.
(D) Contain the patient’s date of birth.
(E) Contain the original signature of an official from the State Department of State Hospitals.
(F) Be dated within 90 days of the date of application.