SB 310: Name and gender change: prisons and county jails.

Existing law allows a person to apply for a change of name or gender, as specified. Existing law prohibits a person imprisoned in the state prison from filing a petition for a change of name unless permitted by the Secretary of the Department of Corrections and Rehabilitation. Existing law requires a court to deny a petition for a name change made by a person under the jurisdiction of the Department of Corrections and Rehabilitation, unless that persons parole agent or probation officer determines that the name change will not pose a security risk to the community and grants prior written approval.

This bill, commencing September 1, 2018, would remove those limitations on a petition for a change of name filed by a person imprisoned in a state prison. The bill would instead establish the right of a person under the jurisdiction of the department or sentenced to county jail to petition the court to obtain a name or gender change. The bill would require the department or county jail to use the new name of a person who obtains a name change, and to list the prior name only as an alias. This bill would also require that the person petitioning for a name change provide a copy of the petition to the department or sheriffs department at the time of filing. By increasing the duties of county jails, this bill would create a state-mandated local program.

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.