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

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Date Published: 02/16/2021 09:00 PM
AB717:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 717


Introduced by Assembly Member Stone
(Coauthors: Assembly Members Grayson and Wicks)

February 16, 2021


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 717, as introduced, 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 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 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 Section 3007.05 of the Penal Code is repealed.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 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.