Existing law requires, upon an application for an identification card, a fee of $26 to be paid to the Department of Motor Vehicles. Existing law provides for a fee waiver for an original or replacement identification card to a senior citizen, as specified, or to a person who can verify his or her status as a homeless person or homeless child or youth, as specified. Existing law also provides for a reduced fee of $6 for an original or replacement identification card to a person who has been determined to have a current income level that meets the eligibility requirements for one of specified assistance programs. Existing law requires that all fees received pursuant to those provisions be deposited in the Motor Vehicle Account.

This bill would provide for a reduced fee of $8 for a replacement identification card issued to an eligible inmate, as defined, upon release from a state or federal correctional facility or a county jail facility, and to an eligible patient, as defined, treated in a facility of the State Department of State Hospitals. The bill would require, as part of eligibility for the reduced fee, among other things, that the person previously held a California drivers license or identification card, that the person has a usable photo on file with the department that is not more than 10 years old, that the person has no outstanding fees due for a prior California identification card, that the person has provided, and the department has verified, certain identifying information of the person, and that the person has provided the department, upon application, a specified verification. In the case of an inmate, the bill would require the verification to be on state or federal correctional facility letterhead or county sheriff letterhead, and to contain the original signature of an official from those respective entities. By creating new duties for county sheriffs, this bill would impose a state-mandated local program.

This bill would also make technical, nonsubstantive changes to those provisions.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Existing law requires, upon an application for an identification card, a fee of $26 to be paid to the Department of Motor Vehicles. Existing law provides for a fee waiver for an original or replacement identification card to a senior citizen, as specified, or to a person who can verify his or her status as a homeless person or homeless child or youth, as specified. Existing law also provides for a reduced fee of $6 for an original or replacement identification card to a person who has been determined to have a current income level that meets the eligibility requirements for one of specified assistance programs. Existing law requires that all fees received pursuant to those provisions be deposited in the Motor Vehicle Account.

This bill would provide for a reduced fee of $8 for a replacement identification card issued to an eligible inmate, as defined, upon release from a state or federal correctional facility or a county jail facility, and to an eligible patient, as defined, treated in a facility of the State Department of State Hospitals. The bill would require, as part of eligibility for the reduced fee, among other things, that the person previously held a California drivers license or identification card, that the person has a usable photo on file with the department that is not more than 10 years old, that the person has no outstanding fees due for a prior California identification card, that the person has provided, and the department has verified, certain identifying information of the person, and that the person has provided the department, upon application, a specified verification. In the case of an inmate, the bill would require the verification to be on state or federal correctional facility letterhead or county sheriff letterhead, and to contain the original signature of an official from those respective entities. By creating new duties for county sheriffs, this bill would impose a state-mandated local program.

This bill would also make technical, nonsubstantive changes to those provisions.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Existing law requires, upon an application for an identification card, a fee of $26 to be paid to the Department of Motor Vehicles. Existing law provides for a fee waiver for an original or replacement identification card to a senior citizen, as specified, or to a person who can verify his or her status as a homeless person or homeless child or youth, as specified. Existing law also provides for a reduced fee of $6 for an original or replacement identification card to a person who has been determined to have a current income level that meets the eligibility requirements for one of specified assistance programs. Existing law requires that all fees received pursuant to those provisions be deposited in the Motor Vehicle Account.

This bill would provide for a reduced fee of $8 for a replacement identification card issued to an eligible inmate, as defined, upon release from a state or federal correctional facility or a county jail facility, and to an eligible patient, as defined, treated in a facility of the State Department of State Hospitals. The bill would require, as part of eligibility for the reduced fee, among other things, that the person previously held a California drivers license or identification card, that the person has a usable photo on file with the department that is not more than 10 years old, that the person has no outstanding fee fees due for a prior California identification card, that the person has provided, and the department has verified, certain identifying information of the person, and that the person has provided the department, upon application, a specified verification. In the case of an inmate, the bill would require the verification to be on state or federal correctional facility letterhead or county sheriff letterhead. letterhead, and to contain the original signature of an official from those respective entities. By creating new duties for county sheriffs, this bill would impose a state-mandated local program.

This bill would also make technical, nonsubstantive changes to those provisions.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Existing law requires, upon an application for an identification card, a fee of $26 to be paid to the Department of Motor Vehicles. Existing law provides for a fee waiver for an original or replacement identification card to a senior citizen, as specified, or to a person who can verify his or her status as a homeless person or homeless child or youth, as specified. Existing law also provides for a reduced fee of $6 for an original or replacement identification card to a person who has been determined to have a current income level that meets the eligibility requirements for one of specified assistance programs. Existing law requires that all fees received pursuant to those provisions be deposited in the Motor Vehicle Account.

This bill would provide for a reduced fee of $8 for a replacement identification card to an eligible inmate, as defined, upon release from a state or federal correctional facility or a county jail facility, and to an eligible patient, as defined, treated in a facility of the State Department of State Hospitals. The bill would require, as part of eligibility for the reduced fee, among other things, that the person previously held a California drivers license or identification card, that the person has a usable photo on file with the department that is not more than 10 years old, that the person has no outstanding fee due for a prior California identification card, that the person has provided, and the department has verified, certain identifying information of the person, and that the person has provided the department, upon application, a specified verification. In the case of an inmate, the bill would require the verification to be on state or federal correctional facility letterhead or county sheriff letterhead. By creating new duties for county sheriffs, this bill would impose a state-mandated local program.

This bill would also make technical, nonsubstantive changes to those provisions.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

 THIRD READING  

Bill No: AB 790

Author:

:

Vote:

SENATE TRANS. & HOUSING COMMITTEE: 13-0, 6/6/17

AYES: Beall, Cannella, Allen, Atkins, Bates, Gaines, McGuire, Mendoza, Morrell, Roth, Skinner, Wieckowski, Wiener

SENATE APPROPRIATIONS COMMITTEE: 7-0, 7/17/17

AYES: Lara, Bates, Beall, Bradford, Hill, Nielsen, Wiener

ASSEMBLY FLOOR: 66-6, 5/1/17 - See last page for vote

SUBJECT:

SOURCE: California Department of Corrections and Rehabilitation

California Department of Motor Vehicles

DIGEST:

This bill provides for a reduced fee of $8 for a replacement identification (ID) card issued to an eligible inmate upon release from a state or federal correctional facility or a county jail facility, or an eligible patient treated in a California Department of State Hospitals (DSH) facility.

ANALYSIS:

Existing law:

1. Authorizes the state Department of Motor Vehicles (DMV) to issue an ID card to any individual attesting to the true full name, correct age, and other identifying data.
2. Authorizes DMV to charge a $26 application fee when issuing an ID card, with the following exceptions:
   1. DMV must issue a “Senior Citizen” ID card free of charge to an individual 62 years or older who applies for it.
   2. DMV must charge a reduced fee of $8 for an ID card for an individual with a current income level meeting the eligibility requirements for certain public assistance programs.
   3. DMV must issue a free original or replacement ID card to an individual who can verify his or her status as homeless.
   4. DMV must issue a free original or replacement driver’s license or ID card to an individual who was exonerated and released from prison within the previous six months.
3. Provides that an ID card shall expire on the sixth birthday of the applicant following the date of application (tenth birthday following application for a senior ID card).
4. Requires the state Department of Corrections and Rehabilitation (CDCR) and DMV to ensure that all eligible inmates released from state prisons have valid ID cards.
5. Requires an individual whose ID card is lost, destroyed, mutilated, or a new true full name is acquired, to apply for a new original ID card and pay the appropriate fee.

This bill:

1. Requires DMV to charge a reduced fee of $8 for a replacement ID card for an eligible inmate upon release from a state or federal correctional facility or a county jail facility. Defines an “eligible inmate” as one who:
   1. Has previously held a California driver’s license or ID card.
   2. Has a usable photo on file with DMV that is less than 10 years old.
   3. Owes no outstanding fees for a prior California ID card.
   4. Has provided, and DMV has verified, his or her true full name, date of birth, social security number, and legal presence in the US.
   5. Currently resides in a CDCR, federal correctional or county jail facility.
   6. Has provided DMV with verification of his or her eligibility that is on state or federal correctional facility letterhead or county sheriff letterhead, is typed or computer generated, includes the inmate’s name and date of birth, includes the original signature of an official from the state or federal correctional facility or county sheriff’s office, and is dated within 90 days of application.
2. Requires DMV to charge a reduced fee of $8 for a replacement ID card for an eligible patient treated in a DSH facility. Defines an “eligible patient” as one who:
   1. Has previously held a California driver’s license or ID card.
   2. Has a usable photo on file with DMV that is less than 10 years old.
   3. Has no outstanding fee due for a prior California ID card.
   4. Has provided, and DMV has verified, his or her true full name, date of birth, social security number, and legal presence in the US.
   5. Is currently preparing to be unconditionally discharged from a facility of the DSH or through a conditional release program.
   6. Has provided DMV with verification of his or her eligibility that is on DSH letterhead, is typed or computer generated, includes the inmate’s name and date of birth, includes the original signature of an official from DSH, and is dated within 90 days of application.

Background

Existing law requires CDCR and DMV to ensure that released inmates have an ID card. The inmate must pay for the card. Under DMV’s Reduced-Fee ID Card Program, individuals who qualify for public assistance programs such as CalWORKs, SNAP/CalFresh, and the California Food Assistance Program, may also quality for an ID card for a reduced fee of $6. (Statute set the original fee at $6, to increase over time with inflation; the current rate is $8.) However, while many incarcerated or hospitalized individuals qualify for the reduced fee, it can be difficult for them to prove eligibility because they tend not to possess income documentation after months or years of being incarcerated or hospitalized. This bill enables released inmates, as well as released DSH patients, to obtain a reduced-fee ID card for a fee of $8 without having to provide income documentation.

Comments

1. Purpose. The author states that as individuals who leave correctional facilities attempt to apply for services and employment, it is critical that they have appropriate state-issued ID cards in order to succeed. This bill will ensure that those who qualify for a reduced-fee replacement ID card will actually receive that fee reduction. Helping ensure that inmates and patients obtain ID cards will help them to succeed and reduce recidivism.
2. Need for this bill. Existing law requires CDCR and DMV to ensure that “all eligible inmates” obtain an ID card. The California Identification Program, a collaborative effort between CDCR and DMV, provides an ID card to offenders who are within 120-210 days of release; have no active felony hold, warrant, or detainer that might result in additional incarceration following release; have no active Immigration and Customs Enforcement hold; provide a valid social security number; have been issued a driver’s license or ID card within the prior 10 years; and provide a physical address, including a zip code. If an offender does not meet all of these requirements, he or she is not eligible to apply to the program. CDCR and DMV, co-sponsors of this bill, state that it will help streamline the eligibility verification process and help facilitate successful transition to post-release life.
3. What about REAL ID? The federal REAL ID Act of 2005 enacts the 9/11 Commission’s recommendation to establish federal standards for issuing driver’s licenses and other sources of identification. It establishes minimum standards including enhanced security features on the driver’s license or identification card and a requirement for applicants to provide their social security number, birth certificate, and proof of legal presence in the US. The REAL ID Act prohibits federal agencies from accepting documents for official purposes (e.g., boarding an airplane or entering a federal building) unless the US Department of Homeland Security determines that the state has met the minimum standards. This bill aligns with REAL ID provisions by requiring an applicant for an ID card under this bill to provide a social security number and proof of legal presence to DMV.

Related/Prior Legislation

AB 363 (Quirk-Silva, 2017) requires the DMV to waive the $5 fee to an individual applying for a driver’s license or ID card with a veteran designation if the applicant is homeless or is determined to have an income level that meets specified eligibility requirements. The bill is pending on the Senate Appropriations Committee suspense file.

AB 672 (Jones-Sawyer, Chapter 403, Statutes of 2015) required the DMV to issue a free driver’s license or identification card to an individual who was wrongfully convicted and has been released from state prison or county jail within the past six months.

AB 1733 (Quirk-Silva, Chapter 764, Statutes of 2014), among other provisions, required the DMV to issue, without a fee, an original or replacement ID card to any individual who can verify his or her status as homeless.

AB 2308 (Stone, Chapter 607, Statutes of 2014) required CDCR to ensure that all inmates released from state prisons have valid ID cards.

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

According to the Senate Appropriations Committee:

• Unknown, likely minor foregone revenues, to the extent individuals being released from specified facilities that will qualify for the reduced rate of $8, but may have otherwise applied for an identification card and paid the full $29 fee. (Motor Vehicle Account)
• The DMV indicates that it would incur minor administrative costs to establish memoranda of understanding with counties and with DSH, and for any increased workload to process applications for reduced fee ID cards. (Motor Vehicle Account)
• Minor and absorbable costs to DSH and CDCR to produce an additional form indicating eligibility for the reduced-fee ID program in the package of release documents issued to released patients and inmates. (General Fund)
• Unknown, potentially reimbursable mandate costs, for county sheriffs to provide specified eligibility documentation to persons interested in a reduced-fee ID card. These costs would likely be minor. (General Fund)

SUPPORT: (Verified 7/17/17)

California Department of Corrections and Rehabilitation (co-source)

California Department of Motor Vehicles (co-source)

California Catholic Conference

California Probation, Parole, and Correctional Association

California State Association of Counties

Santa Clara County Board of Supervisors

OPPOSITION: (Verified 7/17/17)

None received

ARGUMENTS IN SUPPORT: CDCR states that acquisition of an ID card is a critical component for successful re-entry. This bill will allow the state to assist released inmates and patients in their transition from incarceration or hospitalization to post-release life by aiding them in obtaining employment, benefits, and public assistance.

ASSEMBLY FLOOR: 66-6, 5/1/17

AYES: Acosta, Aguiar-Curry, Arambula, Baker, Berman, Bigelow, Bloom, Bocanegra, Bonta, Burke, Caballero, Calderon, Cervantes, Chau, Chávez, Chen, Chiu, Chu, Cooley, Cooper, Cunningham, Dababneh, Daly, Frazier, Friedman, Cristina Garcia, Eduardo Garcia, Gipson, Gloria, Gomez, Gonzalez Fletcher, Grayson, Holden, Irwin, Jones-Sawyer, Kalra, Kiley, Lackey, Levine, Limón, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Mullin, Muratsuchi, Nazarian, Obernolte, O'Donnell, Quirk, Reyes, Rodriguez, Rubio, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Voepel, Waldron, Weber, Wood, Rendon

NOES: Travis Allen, Brough, Choi, Harper, Melendez, Quirk-Silva

NO VOTE RECORDED: Dahle, Eggman, Flora, Fong, Gallagher, Gray, Patterson, Ridley-Thomas

Prepared by:

7/19/17 15:33:43

**** END ****

SENATE COMMITTEE ON APPROPRIATIONS

Senator Ricardo Lara, Chair

2017 - 2018 Regular Session

AB 790 (Mark Stone) - Identification cards: replacement: reduced fee

This bill (probably) does not meet the criteria for referral to the Suspense File.

Bill Summary:

AB 890 would provide for a reduced fee of $8 for a replacement identification (ID) card issued to an eligible inmate upon release from a state or federal correctional facility or a county jail facility, or an eligible patient treated in a California Department of State Hospitals (DSH) facility.

Fiscal Impact:

• Unknown, likely minor foregone revenues, to the extent individuals being released from specified facilities that will qualify for the reduced rate of $8, but may have otherwise applied for an identification card and paid the full $29 fee. (Motor Vehicle Account)
  
• The Department of Motor Vehicles (DMV) indicates that it would incur minor administrative costs to establish memoranda of understanding with counties and with DSH, and for any increased workload to process applications for reduced fee ID cards. (Motor Vehicle Account)
  
• Minor and absorbable costs to DSH and the Department of Corrections and Rehabilitation (CDCR) to produce an additional form indicating eligibility for the reduced-fee ID program in the package of release documents issued to released patients and inmates. (General Fund)
• Unknown, potentially reimbursable mandate costs, for county sheriffs to provide specified eligibility documentation to persons interested in a reduced-fee ID card. These costs would likely be minor. (General Fund)

Background:

Existing law 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 an applicant upon payment of a fee. The fee rate is $26, plus an adjustment to reflect inflation, resulting in a current fee of $29. In addition, existing law provides for a reduced 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 specified assistance programs, such as CalFresh, California Work Opportunity and Responsibility to Kids (CalWORKS), and the California Food Assistance Program. This reduced fee was initially set at $6 and increases over time with inflation, and the current rate is $8.

Existing law also requires CDCR to ensure inmates have a DMV-issued identification card upon release if they meet certain requirements and have appropriate information on file with the DMV because they previously held a driver license or identification card. DMV has also established the Cal-ID Program and entered into agreements to issue reduced-fee identification cards to eligible inmates released from jails in Los Angeles and San Diego counties. While most inmates in a state prison or county jail, as well as patients in a state hospital, may qualify for the reduced rate of $8 for an identification card, they often lack the information necessary to document that they meet the income qualifications necessary to receive the reduced rate.

Proposed Law:

AB 790 would provide for the issuance of a replacement ID card for a reduced fee to eligible patients and inmates released from a state hospital, correctional facility, or jail. Specifically, this bill would:

• Require DMV to charge a reduced fee of $8 for a replacement ID card for an inmate released from a state or federal correctional facility, or a county jail, that meets the following eligibility criteria:
  • The inmate previously held a California driver’s license or ID card, has a usable photo on file with DMV that is less than 10 years old, and does not owe any outstanding fees for a previous ID card.
  • The inmate has provided, and DMV has verified, his or her full name, date of birth, social security number, and proof of legal presence in the US.
  • The inmate currently resides in a CDCR, federal correctional or county jail facility.
  • The inmate has provided DMV with verification of his or her eligibility that is on state or federal correctional facility letterhead or county sheriff letterhead, is typed or computer generated, includes the inmate’s name and date of birth, includes the original signature of an official from the state or federal correctional facility or county sheriff’s office, and is dated within 90 days of application.
• Require DMV to charge a reduced fee of $8 for a replacement ID card for a patient treated in a DSH facility that meets the following eligibility criteria.
  • The inmate previously held a California driver’s license or ID card, has a usable photo on file with DMV that is less than 10 years old, and does not owe any outstanding fees for a previous ID card.
  • The inmate has provided, and DMV has verified, his or her full name, date of birth, social security number, and proof of legal presence in the US.
  • The patient is currently preparing to be unconditionally discharged from a DSH facility or through a conditional release program.
  • The inmate has provided DMV with verification of his or her eligibility that is on DSH letterhead, is typed or computer generated, includes the patient’s name and date of birth, includes the original signature of an official from DSH, and is dated within 90 days of application.

Staff Comments:

DMV has issued over 18,000 reduced-fee ID cards to discharged CDCR inmates and approximately 1,300 to those released from jails in Los Angeles and San Diego Counties. This bill would streamline the process for issuing reduced-fee ID cards to eligible inmates and patients upon release. Affected state entities are not expected to incur significant costs to implement the provisions of this bill, and any revenue losses would be minor.

-- END --

SENATE COMMITTEE ON TRANSPORTATION AND HOUSING

Senator Jim Beall, Chair

2017 - 2018 Regular

Bill No: AB 790 Hearing Date: 6/6/2017

SUBJECT: Identification cards: replacement: reduced fee

DIGEST: This bill provides for a reduced fee of $8 for a replacement identification (ID) card issued to an eligible inmate upon release from a state or federal correctional facility or a county jail facility, or an eligible patient treated in a California Department of State Hospitals (DSH) facility.

ANALYSIS:

Existing law:

1. Authorizes the state Department of Motor Vehicles (DMV) to issue an ID card to any individual attesting to the true full name, correct age, and other identifying data.
2. Authorizes DMV to charge a $26 application fee when issuing an ID card, with the following exceptions:
   1. DMV must issue a “Senior Citizen” ID card free of charge to an individual 62 years or older who applies for it.
   2. DMV must charge a reduced fee of $6 for an ID card for an individual with a current income level meeting the eligibility requirements for certain public assistance programs.
   3. DMV must issue a free original or replacement ID card to an individual who can verify his or her status as homeless.
   4. DMV must issue a free original or replacement driver’s license or ID card to an individual who was exonerated and released from prison within the previous six months.
3. Provides that an ID card shall expire on the sixth birthday of the applicant following the date of application (tenth birthday following application for a senior ID card).
4. Requires the state Department of Corrections and Rehabilitation (CDCR) and DMV to ensure that all eligible inmates released from state prisons have valid ID cards.
5. Requires an individual whose ID card is lost, destroyed, mutilated, or a new true full name is acquired, to apply for a new original ID card and pay the appropriate fee.

This bill:

1. Requires DMV to charge a reduced fee of $8 for a replacement ID card for an eligible inmate upon release from a state or federal correctional facility or a county jail facility. Defines an “eligible inmate” as one who:
   1. Has previously held a California driver’s license or ID card.
   2. Has a usable photo on file with DMV that is less than 10 years old.
   3. Owes no outstanding fees for a prior California ID card.
   4. Has provided, and DMV has verified, his or her true full name, date of birth, social security number, and legal presence in the US.
   5. Currently resides in a CDCR, federal correctional or county jail facility.
   6. Has provided DMV with verification of his or her eligibility that is on state or federal correctional facility letterhead or county sheriff letterhead, is typed or computer generated, includes the inmate’s name and date of birth, includes the original signature of an official from the state or federal correctional facility or county sheriff’s office, and is dated within 90 days of application.
2. Requires DMV to charge a reduced fee of $8 for a replacement ID card for an eligible patient treated in a DSH facility. Defines an “eligible patient” as one who:
   1. Has previously held a California driver’s license or ID card.
   2. Has a usable photo on file with DMV that is less than 10 years old.
   3. Has no outstanding fee due for a prior California ID card.
   4. Has provided, and DMV has verified, his or her true full name, date of birth, social security number, and legal presence in the US.
   5. Is currently preparing to be unconditionally discharged from a facility of the SDSH or through a conditional release program.
   6. Has provided DMV with verification of his or her eligibility that is on SDSH letterhead, is typed or computer generated, includes the inmate’s name and date of birth, includes the original signature of an official from SDSH, and is dated within 90 days of application.

COMMENTS:

1. Purpose. The author states that as individuals who leave correctional facilities attempt to apply for services and employment, it is critical that they have appropriate state-issued ID cards in order to succeed. This bill will ensure that those who qualify for a reduced-fee replacement ID card will actually receive that fee reduction. Helping ensure that inmates and patients obtain ID cards will help them to succeed and reduce recidivism.
2. Background. Existing law requires CDCR and DMV to ensure that released inmates have an ID card. The inmate must pay for the card. Under DMV’s Reduced-Fee ID Card Program, individuals who qualify for public assistance programs such as CalWORKs, SNAP/CalFresh, and the California Food Assistance Program, may also quality for an ID card for a reduced fee of $6. (Statute set the original fee at $6, to increase over time with inflation; the current rate is $8.) However, while many incarcerated or hospitalized individuals qualify for the reduced fee, it can be difficult for them to prove eligibility because they tend not to possess income documentation after months or years of being incarcerated or hospitalized. This bill would enable released inmates, as well as released DSH patients, to obtain a reduced-fee ID card for a fee of $8 without having to provide income documentation.
3. Need for this bill. Existing law requires CDCR and DMV to ensure that “all eligible inmates” obtain an ID card. The California Identification (CAL-ID) Program, a collaborative effort between CDCR and DMV, provides an ID card to offenders who are within 120-210 days of release; have no active felony hold, warrant, or detainer that might result in additional incarceration following release; have no active Immigration and Customs Enforcement hold; provide a valid social security number; have been issued a driver’s license or ID card within the prior 10 years; and provide a physical address, including a zip code. If an offender does not meet all of these requirements, he or she is not eligible to apply to the program. CDCR and DMV, co-sponsors of this bill, state that it will help streamline the eligibility verification process and help facilitate successful transition to post-release life.
4. What about REAL ID? The federal REAL ID Act of 2005 enacts the 9/11 Commission’s recommendation to establish federal standards for issuing driver’s licenses and other sources of identification. It establishes minimum standards including enhanced security features on the driver’s license or identification card and a requirement for applicants to provide their social security number, birth certificate, and proof of legal presence in the US. The REAL ID Act prohibits federal agencies from accepting documents for official purposes (e.g., boarding an airplane or entering a federal building) unless the US Department of Homeland Security determines that the state has met the minimum standards. This bill aligns with REAL ID provisions by requiring an applicant for an ID card under this bill to provide a social security number and proof of legal presence to DMV.

Related Legislation:

AB 363 (Quirk-Silva, 2017) — requires the DMV to waive the $5 fee to an individual applying for a driver’s license or ID card with a veteran designation if the applicant is homeless or is determined to have an income level that meets specified eligibility requirements. This bill is pending assignment in the Senate Rules Committee.

AB 672 (Jones-Sawyer, Chapter 403, Statutes of 2015) — requires the DMV to issue a free driver’s license or identification card to an individual who was wrongfully convicted and has been released from state prison or county jail within the past six months.

AB 1733 (Quirk-Silva, Chapter 764, Statutes of 2014) — among other provisions, requires the DMV to issue, without a fee, an original or replacement ID card to any individual who can verify his or her status as homeless.

AB 2308 (Stone, Chapter 607, Statutes of 2014) — requires CDCR to ensure that all inmates released from state prisons have valid ID cards.

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

POSITIONS: (Communicated to the committee before noon on Wednesday,

May 31, 2017.)

SUPPORT:

California Department of Motor Vehicles (co-sponsor)

California Department of Corrections and Rehabilitation (co-sponsor)

California Catholic Conference

California Probation, Parole, and Correctional Association

California State Association of Counties

Santa Clara County Board of Supervisors

OPPOSITION:

None received

-- END --

ASSEMBLY THIRD READING

ATR Bill Id:AB 790

Author:(Mark Stone)

As Amended Ver:April 19, 2017

Majority vote

SUMMARY: Provides for a reduced fee for a replacement identification card issued to an eligible inmate upon release from a state or federal correctional facility or a county jail and to an eligible patient treated in a facility of the Department of State Hospitals (DSH). Specifically, this bill provides for a reduced fee of $8 for a replacement identification card issued to an inmate upon release from a state or federal correctional facility or a county jail facility, or a patient treated in a DSH facility, if the inmate or patient meets the following criteria:

1. The inmate or patient has previously held a California driver's license or identification card;
2. The inmate or patient has a usable photo on file with the Department of Motor Vehicles (DMV) that is not more than 10 years old;
3. The inmate or patient has no outstanding fees due for a prior California identification card;
4. The inmate or patient has provided, and DMV has verified, the inmate or patient's true full name, date of birth, social security number, and legal presence in the United States;
5. The inmate currently resides in a facility under the control of the California Department of Corrections and Rehabilitation (CDCR), a federal correctional facility, or a county jail, or the patient is currently preparing to be unconditionally discharged from a DSH facility or through a conditional release program; and,
6. The inmate or patient has provided DMV a verification of his or her eligibility for a reduced fee that is typed or computer-generated on correctional facility, county sheriff, or DSH letterhead, contains the inmate or patient's name and date of birth, the original signature of an official from the correctional facility, sheriff's office, or DSH, and is dated within 90 days of the date of the application for a reduced fee.

EXISTING LAW:

1. 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 an applicant upon payment of a fee of $26.
2. Waives the fee for an original or replacement identification card issued to a senior citizen or a person who can verify his or her status as a homeless person or a homeless child or youth, as specified.
3. Provides for a reduced fee of $6 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 specified assistance programs.
4. Requires CDCR and DMV to ensure that an inmate released from state prison has a valid identification card, if the inmate meets specified criteria.

FISCAL EFFECT: According to the Assembly Appropriations Committee:

1. Potential minor loss of Motor Vehicle Account (MVA) revenue of less than $150,000 for individuals being released from DSH facilities that will qualify for the reduced rate of $8, but may have otherwise applied for an identification card and paid the full rate of $29. The reduced fee would not result in a revenue loss from prison and jail inmates being released, because DMV already provides the reduced rate of $8 for these individuals through memorandums of understanding with the CDCR and with counties.
2. Minor and absorbable costs from an increase in workload to DMV to handle a potential increase in applications for identification cards resulting from applications from patients being released from a DSH facility.
3. Minor and absorbable costs to DSH to complete the application for identification cards for patients released from a State Hospital.

COMMENTS: Under DMV's existing Reduced-Fee ID Card Program, persons qualifying for public assistance programs such as CalWORKs, SNAP/CalFresh and the California Food Assistance Program may also qualify for an identification card issued by the department for a reduced fee of $6.

AB 2308 (Stone), Chapter 607, Statutes of 2014, required CDCR and DMV to ensure that all inmates released from state prisons have valid identification cards. Although CDCR and county officials are authorized to attest to an inmate's eligibility for the Reduced-Fee ID Card Program, those incarcerated persons do not always possess income documentation, particularly those who have been incarcerated for months or years.

This bill, sponsored by CDCR and DMV, would allow inmates and DSH patients to qualify separately for identification cards issued by DMV for a reduced fee of $8. The author states that this bill will allow the state to assist released inmates and patients in their transition from incarceration or hospitalization to post-release life by aiding them in obtaining employment, benefits, and public assistance. The author argues that this could in turn reduce recidivism and overcrowding at federal, state, and county correctional facilities.

Analysis Prepared by: Justin Behrens / TRANS. / (916) 319-2093 FN: 0000183

Date of Hearing: April 26, 2017

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez Fletcher, Chair

ABPCA Bill Id:AB 790

Author:(Mark Stone) – As Amended Ver:April 19, 2017

Urgency: No State Mandated Local Program: Yes Reimbursable: No

SUMMARY:

This bill establishes a process for inmates in a state prison, federal prison, county jail, or a patient in a Department of State Hospitals (DSH) facility to apply upon release to the Department of Motor Vehicles (DMV) for an identification card for a reduced fee of $8. In order to be eligible for a reduced cost identification card, individuals will need to meet certain requirements, such as having previously held a California driver license or identification card, having a usable photo on file with the DMV, and having no outstanding fees due for a prior identification card.

FISCAL EFFECT:

1. Potential minor loss of Motor Vehicle Account (MVA) revenue of less than $150,000 for individuals being released from DSH facilities that will qualify for the reduced rate of $8, but may have otherwise applied for an identification card and paid the full rate of $29. The reduced fee would not result in a revenue loss from prison and jail inmates being released, because DMV already provides the reduced rate of $8 for these individuals through memorandums of understanding with the California Department of Corrections and Rehabilitation (CDCR) and with counties.
2. Minor and absorbable costs from an increase in workload to DMV to handle a potential increase in applications for identification cards resulting from applications from patients being released from a DSH facility.
3. Minor and absorbable costs to DSH to complete the application for identification cards for patients released from a State Hospital.

COMMENTS:

1. Background. Existing law 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 an applicant upon payment of a fee. The fee rate is $26, plus an adjustment to reflect inflation, resulting in a current fee of $29. In addition, existing law provides for a reduced 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 specified assistance programs. This reduced fee was initially set at $6 and increases over time with inflation, for a current rate of $8.

Existing law also requires CDCR to ensure inmates have a DMV-issued identification card upon release if they meet certain requirements, such as already having the appropriate information on file with the DMV because they previously held a driver license or identification card. While most inmates in a state prison or county jail, or patients in a state hospital, qualify for the reduced rate of $8 for an identification card, they often lack the information necessary to document that they meet the income qualifications necessary to receive the reduced rate.

1. Purpose. This bill, sponsored by DMV and CDCR, specifies that all inmates and patients in a state hospital are eligible upon release for the reduced rate identification card if they meet certain requirements, such as having the necessary information on file with the DMV because they previously held a driver license or identification card.

Analysis Prepared by: Jessica Peters / APPR. / (916) 319-2081

Date of Hearing: March 20, 2017

ASSEMBLY COMMITTEE ON TRANSPORTATION

Jim Frazier, Chair

ABPCA Bill Id:AB 790 (

Author:Mark Stone) – As Introduced Ver:February 15, 2017

SUBJECT: Identification cards: replacement: reduced fee

SUMMARY: Provides for a reduced fee for a replacement identification card issued to an eligible inmate upon release from a state or federal correctional facility or a county jail and to an eligible patient treated in a facility of the Department of State Hospitals (DSH). Specifically, this bill provides for a reduced fee of $8 for a replacement identification card issued to an inmate upon release from a state or federal correctional facility or a county jail facility, or a patient treated in a DSH facility, if the inmate or patient meets the following criteria:

1. The inmate or patient has previously held a California driver’s license or identification card;
2. The inmate or patient has a usable photo on file with the Department of Motor Vehicles (DMV) that is not more than 10 years old;
3. The inmate or patient has no outstanding fees due for a prior California identification card;
4. The inmate or patient has provided, and DMV has verified, the inmate or patient’s true full name, date of birth, social security number, and legal presence in the United States;
5. The inmate currently resides in a facility under the control of the California Department of Corrections and Rehabilitation (CDCR), a federal correctional facility, or a county jail, or the patient is currently preparing to be unconditionally discharged from a DSH facility or through a conditional release program; and,
6. The inmate or patient has provided DMV a verification of his or her eligibility for a reduced fee that is typed or computer-generated on correctional facility, county sheriff, or DSH letterhead, contains the inmate or patient’s name and date of birth, the original signature of an official from the correctional facility, sheriff’s office, or DSH, and is dated within 90 days of the date of the application for a reduced fee.

EXISTING LAW:

1. 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 an applicant upon payment of a fee of $26.
2. Waives the fee for an original or replacement identification card issued to a senior citizen or a person who can verify his or her status as a homeless person or a homeless child or youth, as specified.
3. Provides for a reduced fee of $6 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 specified assistance programs.
4. Requires CDCR and DMV to ensure that an inmate released from state prison has a valid identification card, if the inmate meets the following criteria:
   1. The inmate has previously held a California driver’s license or identification card;
   2. The inmate has a usable photo on file with DMV that is not more than 10 years old;
   3. The inmate has no outstanding fees due for a prior California identification card; and,
   4. The inmate has provided, and DMV has verified, the inmate’s true full name, date of birth, social security number, and legal presence in the United States.

FISCAL EFFECT: Unknown

COMMENTS: Under DMV’s existing Reduced-Fee ID Card Program, persons qualifying for public assistance programs such as CalWORKs, SNAP/CalFresh and the California Food Assistance Program may also qualify for an identification card issued by the department for a reduced fee of $6.

AB 2308 (Stone), Chapter 607, Statutes of 2014, required CDCR and DMV to ensure that all inmates released from state prisons have valid identification cards. Although CDCR and county officials are authorized to attest to an inmate’s eligibility for the Reduced-Fee ID Card Program, those incarcerated persons do not always possess income documentation, particularly those who have been incarcerated for months or years.

This bill, sponsored by CDCR and DMV, would allow inmates and DSH patients to qualify separately for identification cards issued by DMV for a reduced fee of $8. The author states that this bill will allow the state to assist released inmates and patients in their transition from incarceration or hospitalization to post-release life by aiding them in obtaining employment, benefits, and public assistance. The author argues that this could in turn reduce recidivism and overcrowding at federal, state, and county correctional facilities.

REGISTERED SUPPORT / OPPOSITION:

Support

California Catholic Conference

California Probation, Parole and Correctional Association

California State Association of Counties

Opposition

None on file

Analysis Prepared by: Justin Behrens / TRANS. /