Existing law requires the Department of Corrections and Rehabilitation and the Department of Motor Vehicles (DMV) to ensure that any eligible inmate, as defined, released from state prison has a valid identification card. Existing law authorizes the Department of Corrections and Rehabilitation and the DMV to provide a renewed drivers license in lieu of an identification card if the inmate meets specified criteria. Existing law defines eligible inmate, in part, as a person who has previously held a California drivers license or identification card, who has a usable photo on file with the Department of Motor Vehicles, and who meets certain requirements, including that they have provided, and the Department of Motor Vehicles has verified, specified information, such as the inmates true full name. Existing law requires the Department of Corrections and Rehabilitation, to the extent administratively feasible and within available resources, to facilitate the process between an eligible inmate and the agencies holding documentation required for the issuance of an identification card, as specified.

This bill would authorize the Sheriffs Department of the County of San Diego and the DMV to implement a pilot program based on the above-described provisions to provide eligible incarcerated persons, as defined, a valid identification card or drivers license when they are released from a County of San Diego detention facility. The bill would require the pilot program to be 5 years long. The bill would require the Sheriffs Department of the County of San Diego, if it implements the pilot program, to submit a report to the Legislature no later than April 1, 2028, including information on the number of identification cards issued and drivers licenses renewed, among other things.

Existing law requires the Department of Corrections and Rehabilitation and the Department of Motor Vehicles (DMV) to ensure that any eligible inmate, as defined, released from state prison has a valid identification card. Existing law authorizes the Department of Corrections and Rehabilitation and the DMV to provide a renewed drivers license in lieu of an identification card if the inmate meets specified criteria. Existing law defines eligible inmate, in part, as a person who has previously held a California drivers license or identification card, who has a usable photo on file with the Department of Motor Vehicles, and who meets certain requirements, including that they have provided, and the Department of Motor Vehicles has verified, specified information, such as the inmates true full name. Existing law requires the Department of Corrections and Rehabilitation, to the extent administratively feasible and within available resources, to facilitate the process between an eligible inmate and the agencies holding documentation required for the issuance of an identification card, as specified.

This bill would authorize the Sheriffs Department of the County of San Diego and the DMV to implement a pilot program based on the above-described provisions to provide eligible incarcerated persons, as defined, a valid identification card or drivers license when they are released from a County of San Diego detention facility. The bill would require the pilot program to be 5 years long. The bill would require the Sheriffs Department of the County of San Diego, if it implements the pilot program, to submit a report to the Legislature no later than April 1, 2028, including information on the number of identification cards issued and drivers licenses renewed, among other things.

Existing law requires the Department of Corrections and Rehabilitation and the Department of Motor Vehicles (DMV) to ensure that any eligible inmate, as defined, released from state prison has a valid identification card. Existing law authorizes the Department of Corrections and Rehabilitation and the DMV to provide a renewed drivers license in lieu of an identification card if the inmate meets specified criteria. Existing law defines eligible inmate, in part, as a person who has previously held a California drivers license or identification card, who has a usable photo on file with the Department of Motor Vehicles, and who meets certain requirements, including that they have provided, and the Department of Motor Vehicles has verified, specified information, such as the inmates true full name. Existing law requires the Department of Corrections and Rehabilitation, to the extent administratively feasible and within available resources, to facilitate the process between an eligible inmate and the agencies holding documentation required for the issuance of an identification card, as specified.

This bill would authorize the Sheriffs Department of the County of San Diego and the DMV to implement a pilot program based on the above-described provisions to provide eligible incarcerated persons, as defined, a valid identification card or drivers license when they are released from a County of San Diego detention facility. The bill would require the pilot program to be 5 years long. The bill would require the Sheriffs Department of the County of San Diego, if it implements the pilot program, to submit a report to the Legislature no later than April 1, 2028, including information on the number of identification cards issued and drivers licenses renewed, among other things.

Existing law prohibits the destruction, damaging, or removal of, or interference with, as specified, any railroad or related infrastructure.

This bill would make a technical, nonsubstantive change to those provisions.

 THIRD READING  

Bill No: AB 1329

Author: Maienschein (D)

Amended: 4/12/23 in Assembly

Vote: 21

SENATE PUBLIC SAFETY COMMITTEE: 5-0, 6/27/23

AYES: Wahab, Ochoa Bogh, Bradford, Skinner, Wiener

SENATE APPROPRIATIONS COMMITTEE: 7-0, 9/1/23

AYES: Portantino, Jones, Ashby, Bradford, Seyarto, Wahab, Wiener

ASSEMBLY FLOOR: 76-0, 5/25/23 (Consent) - See last page for vote

SUBJECT: County jail incarcerated persons: identification card pilot program

SOURCE: San Diego Sheriff’s Department

DIGEST:

This bill establishes a pilot program for the San Diego Sheriff’s Department and the Department of Motor Vehicles (DMV) to provide incarcerated individuals with a valid identification card or a renewed driver’s license.

ANALYSIS:

Existing law:

1. Requires that the California Department of Corrections and Rehabilitation (CDCR) and the DMV ensure that all eligible inmates released from state prison have a valid identification card. (Pen. Code, § 3007.05, subd, (a)(1).)
2. Requires CDCR to facilitate the process between an incarcerated person and agencies holding documentation required for an eligible person to obtain a California identification card (Cal-ID) card, such as a birth certificate and social security number, including, but not limited to, necessary notary services, assistance with obtaining necessary forms, and correspondence, but only to the extent administratively feasible and within available resources. (Pen. Code, § 3007.05, subd, (a)(1).)
3. Defines “eligible inmate” to mean an inmate who meets all of the following requirements:
4. For persons who have previously held a Cal-ID or driver’s license: the person has a usable photo on file with the DMV or if deemed unusable the person has a new one taken; and the person has provided, and the DMV has verified, the their true full name, date of birth, social security number, proof of legal presence in the country, and California residency; or,
5. For persons who have not previously held a Cal-ID or driver’s license: the person has signed and verified their application for a Cal-ID under penalty of perjury; the person has a usable photo taken; the person has provided a legible thumb or finger print; and, the person has provided acceptable proof of the their true full name, date of birth, social security number, legal presence in the country, and California residency, which shall be subject to DMV verification.

(Pen. Code, § 3007.05, subds. (c) & (d).)

1. Authorizes CDCR and the DMV provide a renewed driver’s license in lieu of an identification card if the incarcerated person meets specified eligibility criteria, has had a valid driver’s license within the prior 10 years, and is otherwise eligible for the issuance of a driver’s license. (Pen. Code, § 3007.05, subd. (f).)
2. Provides that an incarcerated person receiving a driver’s license is be responsible for paying the difference between the cost of the driver’s license and the reduced fee for a Cal-ID. (Pen. Code, § 3007.05, subd. (f).)
3. Establishes an $8 fee for a replacement identification card issued to an eligible inmate upon release from a federal correctional facility or a county jail facility, or the Department of State Hospitals. (Veh. Code, § 14902, subds. (g) & (i).)
4. Establishes an $8 fee for an original or replacement identification card issued to an eligible inmate upon release from a state correctional facility. (Veh. Code, § 14902, subd. (g).)

This bill:

1. Authorizes the San Diego County Sheriff’s Department and DMV to implement a pilot program to provide a Cal-ID for eligible incarcerated persons, as defined, so they may have a valid ID card, to the extent administratively feasible and within available resources, when released from a San Diego County detention facility. Provides that the pilot program may also include the issuance of renewed driver’s licenses.
2. Defines “eligible incarcerated person” to mean an incarcerated person who is applying for an original or replacement Cal-ID and meets the following requirements:
3. For individuals who have previously held a California driver’s license or ID card:
   1. The incarcerated person has a usable photo on file with the DMV. Requires a new photo to be taken if the photo is deemed unusable.
   2. The incarcerated person has provided, and the Department of Motor Vehicles has verified, all of the following information: the incarcerated person’s true full name, date of birth, social security number, legal presence in the United States, and California residency.
4. For individuals who have not previously held a California driver’s license or identification card:
   1. The incarcerated person has signed and verified their application for an identification card under the penalty of perjury.
   2. The incarcerated person has a usable photo taken.
   3. The incarcerated person has provided a legible print of their thumb or finger.
   4. The incarcerated person has provided acceptable proof of the incarcerated person’s true full name, date of birth, social security number, legal presence in the United States, and California residency, and that information is subject to verification by the Department of Motor Vehicles.
5. Provides that upon implementation of provisions of law allowing undocumented immigrants to apply for driver’s licenses in California, those provisions will apply to persons unable to submit satisfactory proof that the applicant’s presence in the United States is authorized under federal law.
6. Requires, to the extent administratively feasible and within available resources, the San Diego County Sheriff’s Department to facilitate the process between the incarcerated person and the agencies holding documentation required for an eligible incarcerated person, as defined, to obtain a Cal-ID, such as a birth certificate or social security number, including, but not limited to, the provision of any necessary notary services, assistance with obtaining necessary forms, and correspondence.
7. Sets the fee for an original or renewal Cal-ID at the reduced rate of $8 applicable to persons incarcerated within a state correctional facility.
8. Authorizes the sheriff’s department and the DMV to provide a renewed driver’s license instead of a Cal-ID if the incarcerated person had a valid license within the past 10 years, otherwise meets the eligibility criteria for renewing a driver’s license by mail, and is otherwise eligible for the issuance of a license.
9. Provides that an incarcerated person receiving a driver’s license is responsible for paying the difference between the cost of the driver’s license and the reduced fee for a Cal-ID.
10. Specifies that these provisions do not remove the examination discretion of the DMV for renewing a driver’s license.
11. Requires the sheriff’s department to submit a report by April 1, 2028 with all of the following information:
12. The number of identification cards issued under the program;
13. The number of driver’s licenses renewed;
14. Any problems or barriers in implementing the pilot program; and,
15. Any recommendations or best practices identified.
16. Specifies that the pilot program is for five years and sunsets on January 1, 2029.

Background

CDCR Cal-ID Program

The purpose of the Cal-ID program is to “streamline access to support services, such as medical, housing, and right-to-work documents” upon release. An incarcerated individual must be within 13 months of release from CDCR to apply for a Cal-ID. (https://www.cdcr.ca.gov/rehabilitation/calid/)

As originally implemented, CDCR’s Cal-ID program provided a valid Cal-ID to eligible incarcerated individuals upon their release from prison, and the program was located at 13 prisons designated as Reentry Hub institutions. AB 2308 (Stone, Chapter 607, Statutes of 2014) expanded the Cal-ID program, requiring CDCR and DMV to ensure that all eligible incarcerated individuals released from state prison have a valid ID card.

This bill creates a five-year pilot program which mirrors the current CDCR Cal-ID program for persons incarcerated in San Diego County jails.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No

According to the Senate Appropriations Committee, ongoing, annual costs to the DMV of approximately $25,000 to process identification cards for qualified inmates upon release from the San Diego County jail facilities (Motor Vehicle Account).

Local costs to this bill’s sponsor, the San Diego County Sheriff’s Department, in order to implement and administer the pilot program (local funds).

SUPPORT: (Verified 9/1/23)

San Diego County Sheriff’s Department (source)

California Public Defenders Association

California State Association of Counties

California State Sheriffs’ Association

City of San Diego

County of San Diego

San Diego County District Attorney’s Office

OPPOSITION: (Verified 9/1/23)

None received

ASSEMBLY FLOOR: 76-0, 5/25/23

AYES: Addis, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Cervantes, Chen, Connolly, Megan Dahle, Davies, Dixon, Essayli, Flora, Mike Fong, Vince Fong, Friedman, Gabriel, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Holden, Hoover, Irwin, Jackson, Jones-Sawyer, Lackey, Lee, Low, Lowenthal, Maienschein, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Rendon

NO VOTE RECORDED: Aguiar-Curry, Kalra, Mathis, Papan

Prepared by: Stephanie Jordan / PUB. S. /

9/2/23 15:01:45

**** END ****

SENATE COMMITTEE ON APPROPRIATIONS

Senator Anthony Portantino, Chair

2023 - 2024 Regular Session

AB 1329 (Maienschein) - County jail incarcerated persons: identification card pilot program

Bill Summary:

AB 1329 would establish a pilot program for the San Diego Sheriff’s Department and the Department of Motor Vehicles (DMV) to provide incarcerated individuals with a valid identification card or a renewed driver’s license.

Fiscal Impact:

• Ongoing, annual costs to the DMV of approximately $25,000 to process identification cards for qualified inmates upon release from the San Diego County jail facilities (Motor Vehicle Account).
  
• Local costs to the bill’s sponsor, the San Diego Sheriff’s office, in order to implement and administer the pilot program (local funds).

Background:

The purpose of the Cal-ID program is to “streamline access to support services, such as medical, housing, and right-to-work documents” upon release. An incarcerated individual must be within 13 months of release from CDCR to apply for a Cal-ID. As originally implemented, CDCR’s Cal-ID program provided a valid Cal-ID to eligible incarcerated individuals upon their release from prison, and the program was located at 13 prisons designated as Reentry Hub institutions. AB 2308 (Stone, Chapter 607, Statutes of 2014) expanded the Cal-ID program, requiring CDCR and DMV to ensure that all eligible incarcerated individuals released from state prison have a valid ID card. This bill creates a five-year pilot program which mirrors the current CDCR Cal-ID program for persons incarcerated in San Diego County jails.

Proposed Law:

• Provides that an “eligible incarcerated person” is an incarcerated person who is applying for an original or replacement Cal-ID and meets the following requirements:
  • For individuals who have previously held a California driver’s license or ID card.
    • The incarcerated person has a usable photo on file with the DMV. Requires a new photo to be taken if the photo is deemed unusable.
    • The incarcerated person has provided, and the Department of Motor Vehicles has verified, all of the following information: the incarcerated person’s true full name, date of birth, social security number, legal presence in the United States, and California residency.
  • For individuals who have not previously held a California driver’s license or identification card:
    • The incarcerated person has signed and verified their application for an identification card under the penalty of perjury.
    • The incarcerated person has a usable photo taken.
    • The incarcerated person has provided a legible print of their thumb or finger.
    • The incarcerated person has provided acceptable proof of the incarcerated person’s true full name, date of birth, social security number, legal presence in the United States, and California residency, and that information is subject to verification by the Department of Motor Vehicles.
      
• Provides that upon implementation of provisions of law allowing undocumented immigrants to apply for driver’s licenses in California, those provisions will apply to persons unable to submit satisfactory proof that the applicant’s presence in the United States is authorized under federal law.
• Requires, to the extent administratively feasible and within available resources, the San Diego County Sheriff’s Department to facilitate the process between the incarcerated person and the agencies holding documentation required for an eligible incarcerated person, as defined, to obtain a Cal-ID, such as a birth certificate or social security number, including, but not limited to, the provision of any necessary notary services, assistance with obtaining necessary forms, and correspondence.
• Establishes the fee for an original or renewal Cal-ID at the reduced rate of $8 applicable to persons incarcerated within a state correctional facility.
• Authorizes the sheriff’s department and the DMV to provide a renewed driver’s license instead of a Cal-ID if the incarcerated person had a valid license within the past 10 years, otherwise meets the eligibility criteria for renewing a driver’s license by mail, and is otherwise eligible for the issuance of a license.
• Provides that an incarcerated person receiving a driver’s license is responsible for paying the difference between the cost of the driver’s license and the reduced fee for a Cal-ID.
• Requires the sheriff’s department to submit a report by April 1, 2028 with information including the number of identification and driver’s licenses issued and renewed, and any problems or barriers in implementing the pilot program.
• Specifies that the pilot program is for five years and sunsets on January 1, 2029.

Related Legislation:

• SB 629 (Roth), Chapter 645, Statutes of 2021, changed the eligibility criteria for a state prison inmate to be issued a state identification card upon release.
• AB 2308 (Stone), Chapter 607, Statutes of 2014, required CDCR and the DMV to ensure that all eligible inmates released from state prisons have valid identification cards.
• AB 777 (Bass), of the of the 2009-10 Legislative Session, would have required CDCR to establish a pilot program at two state facilities to provide each inmate at those facilities, prior to his or her release, a valid California identification card issued by the DMV. AB 777 was held on the Appropriations Committee's Suspense File.
• AB 639 (Hancock), of the of the 2007-08 Legislative Session, would have provided that prior to release on parole, CDCR shall take reasonable steps to ensure that each parolee successfully obtains a valid California identification card issued by the DMV. AB 639 was vetoed.

Staff Comments: DMV reports that it would enter into a memorandum of understanding with the San Diego Sheriff’s Department to specify reimbursement for the required special processing and handling, and DMV would collect a $10 reduced ID card fee for each ID card applicant. Actual costs to the DMV may vary depending on the volume of inmates.

Per committee rules, a pilot program qualifies as a suspense candidate if its statewide implementation costs would exceed the Suspense File threshold. In order to implement the program statewide there would likely be unknown administrative costs to the DMV, ranging from the hundreds of thousands to millions. As of December, 2022 the Average Daily Population (ADP) of persons in the custody of the San Diego Sheriff was 3,116. The ADP statewide for all sheriffs (including San Diego) was 44,188 in that same time period. Based strictly on jail ADP, the costs to take the program statewide would be in the low to mid hundreds of thousands. There would likely be additional administrative costs to coordinate and execute the program with all 58 counties. There could also be unknown, potentially reimbursable costs to local sheriffs in to the extent a statewide program constitutes a reimbursable state mandate as determined by the Commission on State Mandates.

-- END --

SENATE COMMITTEE ON APPROPRIATIONS

Senator Anthony Portantino, Chair

2023 - 2024 Regular Session

AB 1329 (Maienschein) - County jail incarcerated persons: identification card pilot program

Bill Summary:

AB 1329 would establish a pilot program for the San Diego Sheriff’s Department and the Department of Motor Vehicles (DMV) to provide incarcerated individuals with a valid identification card or a renewed driver’s license.

Fiscal Impact:

• Ongoing, annual costs to the DMV of approximately $25,000 to process identification cards for qualified inmates upon release from the San Diego County jail facilities (Motor Vehicle Account).
  
• Local costs to the bill’s sponsor, the San Diego Sheriff’s office, in order to implement and administer the pilot program (local funds).

Background:

The purpose of the Cal-ID program is to “streamline access to support services, such as medical, housing, and right-to-work documents” upon release. An incarcerated individual must be within 13 months of release from CDCR to apply for a Cal-ID. As originally implemented, CDCR’s Cal-ID program provided a valid Cal-ID to eligible incarcerated individuals upon their release from prison, and the program was located at 13 prisons designated as Reentry Hub institutions. AB 2308 (Stone, Chapter 607, Statutes of 2014) expanded the Cal-ID program, requiring CDCR and DMV to ensure that all eligible incarcerated individuals released from state prison have a valid ID card. This bill creates a five-year pilot program which mirrors the current CDCR Cal-ID program for persons incarcerated in San Diego County jails.

Proposed Law:

• Provides that an “eligible incarcerated person” is an incarcerated person who is applying for an original or replacement Cal-ID and meets the following requirements:
  • For individuals who have previously held a California driver’s license or ID card.
    • The incarcerated person has a usable photo on file with the DMV. Requires a new photo to be taken if the photo is deemed unusable.
    • The incarcerated person has provided, and the Department of Motor Vehicles has verified, all of the following information: the incarcerated person’s true full name, date of birth, social security number, legal presence in the United States, and California residency.
  • For individuals who have not previously held a California driver’s license or identification card:
    • The incarcerated person has signed and verified their application for an identification card under the penalty of perjury.
    • The incarcerated person has a usable photo taken.
    • The incarcerated person has provided a legible print of their thumb or finger.
    • The incarcerated person has provided acceptable proof of the incarcerated person’s true full name, date of birth, social security number, legal presence in the United States, and California residency, and that information is subject to verification by the Department of Motor Vehicles.
      
• Provides that upon implementation of provisions of law allowing undocumented immigrants to apply for driver’s licenses in California, those provisions will apply to persons unable to submit satisfactory proof that the applicant’s presence in the United States is authorized under federal law.
• Requires, to the extent administratively feasible and within available resources, the San Diego County Sheriff’s Department to facilitate the process between the incarcerated person and the agencies holding documentation required for an eligible incarcerated person, as defined, to obtain a Cal-ID, such as a birth certificate or social security number, including, but not limited to, the provision of any necessary notary services, assistance with obtaining necessary forms, and correspondence.
• Establishes the fee for an original or renewal Cal-ID at the reduced rate of $8 applicable to persons incarcerated within a state correctional facility.
• Authorizes the sheriff’s department and the DMV to provide a renewed driver’s license instead of a Cal-ID if the incarcerated person had a valid license within the past 10 years, otherwise meets the eligibility criteria for renewing a driver’s license by mail, and is otherwise eligible for the issuance of a license.
• Provides that an incarcerated person receiving a driver’s license is responsible for paying the difference between the cost of the driver’s license and the reduced fee for a Cal-ID.
• Requires the sheriff’s department to submit a report by April 1, 2028 with information including the number of identification and driver’s licenses issued and renewed, and any problems or barriers in implementing the pilot program.
• Specifies that the pilot program is for five years and sunsets on January 1, 2029.

Related Legislation:

• SB 629 (Roth), Chapter 645, Statutes of 2021, changed the eligibility criteria for a state prison inmate to be issued a state identification card upon release.
• AB 2308 (Stone), Chapter 607, Statutes of 2014, required CDCR and the DMV to ensure that all eligible inmates released from state prisons have valid identification cards.
• AB 777 (Bass), of the of the 2009-10 Legislative Session, would have required CDCR to establish a pilot program at two state facilities to provide each inmate at those facilities, prior to his or her release, a valid California identification card issued by the DMV. AB 777 was held on the Appropriations Committee's Suspense File.
• AB 639 (Hancock), of the of the 2007-08 Legislative Session, would have provided that prior to release on parole, CDCR shall take reasonable steps to ensure that each parolee successfully obtains a valid California identification card issued by the DMV. AB 639 was vetoed.

Staff Comments: DMV reports that it would enter into a memorandum of understanding with the San Diego Sheriff’s Department to specify reimbursement for the required special processing and handling, and DMV would collect a $10 reduced ID card fee for each ID card applicant. Actual costs to the DMV may vary depending on the volume of inmates.

Per committee rules, a pilot program qualifies as a suspense candidate if its statewide implementation costs would exceed the Suspense File threshold. In order to implement the program statewide there would likely be unknown administrative costs to the DMV, ranging from the hundreds of thousands to millions. As of December, 2022 the Average Daily Population (ADP) of persons in the custody of the San Diego Sheriff was 3,116. The ADP statewide for all sheriffs (including San Diego) was 44,188 in that same time period. Based strictly on jail ADP, the costs to take the program statewide would be in the low to mid hundreds of thousands. There would likely be additional administrative costs to coordinate and execute the program with all 58 counties. There could also be unknown, potentially reimbursable costs to local sheriffs in to the extent a statewide program constitutes a reimbursable state mandate as determined by the Commission on State Mandates.

-- END --

SENATE COMMITTEE ON PUBLIC SAFETY

Senator Aisha Wahab, Chair

2023 - 2024 Regular

Bill No: AB 1329 Hearing Date: June 27, 2023

Subject: County jail incarcerated persons: identification card pilot program

HISTORY

Source: San Diego County Sheriff’s Department

Prior Legislation: SB 629 (Roth), Ch. 645, Stats. 2021

AB 2308 (Stone), Ch. 607, Stats. 2014

AB 777 (Bass), held in Assembly Appropriations in 2009

AB 639 (Hancock), vetoed in 2007

Support: California Public Defenders Association; California State Association of Counties; California State Sheriffs’ Association; City of San Diego; County of San Diego; San Diego County District Attorney’s Office

Opposition: None known

Assembly Floor Vote: 76 - 0

PURPOSE

The purpose of this bill is to establish a pilot program for the San Diego Sheriff’s Department and the Department of Motor Vehicles (DMV) to provide incarcerated individuals with a valid identification card or a renewed driver’s license.

Existing law requires that CDCR and the DMV ensure that all eligible inmates released from state prison have a valid identification card. (Pen. Code, § 3007.05, subd, (a)(1).)

Existing law requires CDCR to facilitate the process between an incarcerated person and agencies holding documentation required for an eligible person to obtain a California identification card (Cal-ID) card, such as a birth certificate and social security number, including, but not limited to, necessary notary services, assistance with obtaining necessary forms, and correspondence, but only to the extent administratively feasible and within available resources. (Pen. Code, § 3007.05, subd, (a)(1).)

Existing law defines “eligible inmate” to mean an inmate who meets all of the following requirements:

• For persons who have previously held a Cal-ID or driver’s license:
  • The person has a usable photo on file with the DMV or if deemed unusable the person has a new one taken; and
  • The person has provided, and the DMV has verified, the their true full name, date of birth, social security number, proof of legal presence in the country, and California residency; or,
• For persons who have not previously held a Cal-ID or driver’s license:
  • The person has signed and verified their application for a Cal-ID under penalty of perjury;
  • The person has a usable photo taken;
  • The person has provided a legible thumb or finger print; and,
  • The person has provided acceptable proof of the their true full name, date of birth, social security number, legal presence in the country, and California residency, which shall be subject to DMV verification.

(Pen. Code, § 3007.05, subds. (c) & (d).)

Existing law authorizes CDCR and the DMV provide a renewed driver’s license in lieu of an identification card if the incarcerated person meets specified eligibility criteria, has had a valid driver’s license within the prior 10 years, and is otherwise eligible for the issuance of a driver’s license. (Pen. Code, § 3007.05, subd. (f).)

Existing law provides that an incarcerated person receiving a driver’s license is be responsible for paying the difference between the cost of the driver’s license and the reduced fee for a Cal-ID. (Pen. Code, § 3007.05, subd. (f).)

Existing law establishes an $8 fee for a replacement identification card issued to an eligible inmate upon release from a federal correctional facility or a county jail facility, or the Department of State Hospitals. (Veh. Code, § 14902, subds. (g) & (i).)

Existing law establishes an $8 fee for an original or replacement identification card issued to an eligible inmate upon release from a state correctional facility. (Veh. Code, § 14902, subd. (g).)

This bill authorizes the San Diego County Sheriff’s Department and DMV to implement a pilot program to provide a Cal-ID for eligible incarcerated persons, as defined, so they may have a valid ID card, to the extent administratively feasible and within available resources, when released from a San Diego County detention facility. Provides that the pilot program may also include the issuance of renewed driver’s licenses.

This bill defines “eligible incarcerated person” to mean an incarcerated person who is applying for an original or replacement Cal-ID and meets the following requirements:

• For individuals who have previously held a California driver’s license or ID card.
  • The incarcerated person has a usable photo on file with the DMV. Requires a new photo to be taken if the photo is deemed unusable.
  • The incarcerated person has provided, and the Department of Motor Vehicles has verified, all of the following information: the incarcerated person’s true full name, date of birth, social security number, legal presence in the United States, and California residency.
• For individuals who have not previously held a California driver’s license or identification card:
  • The incarcerated person has signed and verified their application for an identification card under the penalty of perjury.
  • The incarcerated person has a usable photo taken.
  • The incarcerated person has provided a legible print of their thumb or finger.
  • The incarcerated person has provided acceptable proof of the incarcerated person’s true full name, date of birth, social security number, legal presence in the United States, and California residency, and that information is subject to verification by the Department of Motor Vehicles.

This bill provides that upon implementation of provisions of law allowing undocumented immigrants to apply for driver’s licenses in California, those provisions will apply to persons unable to submit satisfactory proof that the applicant’s presence in the United States is authorized under federal law.

This bill requires, to the extent administratively feasible and within available resources, the San Diego County Sheriff’s Department to facilitate the process between the incarcerated person and the agencies holding documentation required for an eligible incarcerated person, as defined, to obtain a Cal-ID, such as a birth certificate or social security number, including, but not limited to, the provision of any necessary notary services, assistance with obtaining necessary forms, and correspondence.

This bill sets the fee for an original or renewal Cal-ID at the reduced rate of $8 applicable to persons incarcerated within a state correctional facility.

This bill authorizes the sheriff’s department and the DMV to provide a renewed driver’s license instead of a Cal-ID if the incarcerated person had a valid license within the past 10 years, otherwise meets the eligibility criteria for renewing a driver’s license by mail, and is otherwise eligible for the issuance of a license.

This bill provides that an incarcerated person receiving a driver’s license is responsible for paying the difference between the cost of the driver’s license and the reduced fee for a Cal-ID.

This bill specifies that these provisions do not remove the examination discretion of the DMV for renewing a driver’s license.

This bill requires the sheriff’s department to submit a report by April 1, 2028 with all of the following information:

• The number of identification cards issued under the program;
• The number of driver’s licenses renewed;
• Any problems or barriers in implementing the pilot program; and,
• Any recommendations or best practices identified.

This bill specifies that the pilot program is for five years and sunsets on January 1, 2029.

COMMENTS

1. Need For This Bill

According to the author:

For individuals transitioning back into the local communities after a period of incarceration, an official California ID card is necessary in order to access services, obtain employment, secure housing and seek medical insurance such as Medi-Cal. The legislature has taken action to make it easier for inmates leaving prison to obtain an ID with the goal of setting individuals up for success and reducing recidivism. AB 1329 expands on this progress by authorizing a 5-year pilot project for the San Diego County Sheriffs’ Department to explore a more expeditious process in issuing state identification cards to incarcerated persons upon their release from a San Diego County jail facility.

1. CDCR Cal-ID Program

The purpose of the Cal-ID program is to “streamline access to support services, such as medical, housing, and right-to-work documents” upon release. An incarcerated individual must be within 13 months of release from CDCR to apply for a Cal-ID. (https://www.cdcr.ca.gov/rehabilitation/calid/)

As originally implemented, CDCR’s Cal-ID program provided a valid Cal-ID to eligible incarcerated individuals upon their release from prison, and the program was located at 13 prisons designated as Reentry Hub institutions. AB 2308 (Stone, Chapter 607, Statutes of 2014) expanded the Cal-ID program, requiring CDCR and DMV to ensure that all eligible incarcerated individuals released from state prison have a valid ID card.

This bill creates a five-year pilot program which mirrors the current CDCR Cal-ID program for persons incarcerated in San Diego County jails.

1. Argument in Support

According to the San Diego County Sheriff’s Department, the bill’s sponsor:

In 2015, the County of San Diego established a Memorandum of Understanding (MOU) with the DMV in facilitating the issuance of identification cards to incarcerated persons in San Diego County jails. The paper process to initiate an application takes DMV approximately 120 days from receipt of pre-screening information to the delivery of completed identification cards. Once an identification card is received, the San Diego County Sheriff’s Department retains possession of the identification card issued by the DMV until the release of that individual. Since the inception of the MOU, the Sheriff’s Department has issued over 3,500 identification cards to incarcerated individuals.

AB 1329 will allow for efficiency by cutting the identification card issuance time in half so an incarcerated person can get quicker access to an official government issued identification card or driver’s license. To support individuals transitioning back into the local communities, an official identification card is a needed step towards self-sufficiency and removes barriers with the end goal being the ability to access fundamental services for a successful reintegration back into society.

-- END --

Date of Hearing: May 17, 2023

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Chris Holden, Chair

ABPCA Bill Id:AB 1329

Author:(Maienschein) – As Amended Ver:April 12, 2023

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

SUMMARY:

This bill establishes a pilot program through which the San Diego Sheriff’s Department and the Department of Motor Vehicles (DMV) may provide a valid identification card or renewed driver’s license to an eligible incarcerated person when they are released from a San Diego County detention facility.

FISCAL EFFECT:

1. Costs (General Fund) to DMV under $25,000 annually to process identification cards for qualified inmates upon release from the San Diego County jail facilities. Costs may vary depending on the volume of inmates. DMV reports that it would enter into a memorandum of understanding with the sheriff’s department to specify reimbursement for the required special processing and handling, and DMV would collect a $10 reduced ID card fee for each ID card applicant.
2. Non-reimbursable local costs to administer the pilot program. The author’s office reports that the San Diego Sheriff’s Department will bear the local costs for this program.

COMMENTS:

1. Author’s Statement. According to the author:

For individuals transitioning back into the local communities after a period of incarceration, an official California ID card is necessary in order to access services, obtain employment, secure housing and seek medical insurance such as Medi-Cal. The legislature has taken action to make it easier for inmates leaving prison to obtain an ID with the goal of setting individuals up for success and reducing recidivism. AB 1329 expands on this progress by authorizing a 5-year pilot project for the San Diego County Sheriffs’ Department to explore a more expeditious process in issuing state identification cards to incarcerated persons upon their release from a San Diego County jail facility.

1. Background. When someone is released after being incarcerated, they face many challenges in obtaining housing, getting a job, and applying for government assistance. These tasks can be especially difficult if the person does not have a valid driver’s license or identification card. Existing law requires the DMV and California Department of Corrections and Rehabilitation to provide an incarcerated person with a valid identification card when they are released from state prison. This bill establishes a pilot program that provides similar services to people released from jail in San Diego County.

Analysis Prepared by: Annika Carlson / APPR. / (916) 319-2081

Date of Hearing:

Chief Counsel: Sandy Uribe

ASSEMBLY COMMITTEE ON PUBLIC SAFETY

Reginald Byron Jones-Sawyer, Sr., Chair

ABPCA Bill Id:AB 1329

Author:(Maienschein) – As Amended Ver:April 12, 2023

SUMMARY:

Establishes a pilot program for the San Diego Sheriff’s Department and the Department of Motor Vehicles (DMV) to provide incarcerated persons with a valid identification card or a renewed driver’s license. Specifically, this bill:

1. Authorizes the San Diego County Sheriff’s Department and the DMV to implement a pilot program to provide an identification card or a renewed driver’s license for eligible incarcerated persons so they may have a valid identification card when released from a San Diego County detention facility.
   
2. Defines “eligible incarcerated person” as one who is applying for an original or replacement identification card and meets one of the following two sets of requirements:
   
   1. For persons who have previously held a California identification card (Cal-ID) or driver’s license:
      
      1. The person has a usable photo on file with the DMV or if deemed unusable the person has a new one taken, and
         
      2. The person has provided, and the DMV has verified, the their true full name, date of birth, social security number, proof of legal presence in the country, and California residency; or,
         
   2. For persons who have not previously held a Cal-ID or driver’s license:
      
      1. The person has signed and verified their application for a Cal-ID under penalty of perjury;
         
      2. The person has a usable photo taken;
         
      3. The person has provided a legible thumb or finger print; and,
         
      4. The person has provided acceptable proof of the their true full name, date of birth, social security number, legal presence in the country, and California residency, which shall be subject to DMV verification.
         
3. States that upon implementation of provisions of law allowing undocumented immigrants to apply for driver’s licenses in California, those provisions will apply to persons unable to submit satisfactory proof that the applicant’s presence in the United States is authorized under federal law.
   
4. Requires the sheriff’s department to facilitate the process between an incarcerated person and agencies holding documentation required for an eligible person to obtain a Cal-ID card, such as a birth certificate and social security number, including, but not limited to, necessary notary services, assistance with obtaining necessary forms, and correspondence, but only to the extent administratively feasible and within available resources.
   
5. Sets the fee for an original or renewal Cal-ID at the reduced rate of $8 applicable to persons incarcerated within a state correctional facility.
   
6. Authorizes the sheriff’s department and the DMV to provide a renewed driver’s license instead of a Cal-ID if the incarcerated person had a valid license within the past 10 years, otherwise meets the eligibility criteria for renewing a driver’s license by mail, and is otherwise eligible for the issuance of a license.
   
7. States that an incarcerated person receiving a driver’s license is responsible for paying the difference between the cost of the driver’s license and the reduced fee for a Cal-ID.
   
8. Specifies that these provisions do not remove the examination discretion of the DMV for renewing a driver’s license.
   
9. Requires the sheriff’s department to submit a report by April 1, 2028 with all of the following information:
   
   1. The number of identification cards issued under the program;
      
   2. The number of driver’s licenses renewed;
      
   3. Any problems or barriers in implementing the pilot program; and,
      
   4. Any recommendations or best practices identified.
      
10. Provides that the pilot program is for five years and sunsets the program on January 1, 2029.

EXISTING LAW:

1. Requires that CDCR and the DMV ensure that all eligible inmates released from state prison have a valid identification card. (Pen. Code, § 3007.05, subd, (a)(1).)
   
2. Requires CDCR to facilitate the process between an incarcerated person and agencies holding documentation required for an eligible person to obtain a Cal-ID card, such as a birth certificate and social security number, including, but not limited to, necessary notary services, assistance with obtaining necessary forms, and correspondence, but only to the extent administratively feasible and within available resources. (Pen. Code, § 3007.05, subd, (a)(1).)
   
3. Defines “eligible inmate” to mean an inmate who meets all of the following requirements:
   
   1. For persons who have previously held a California identification card (Cal-ID) or driver’s license:
      
      1. The person has a usable photo on file with the DMV or if deemed unusable the person has a new one taken; and
         
      2. The person has provided, and the DMV has verified, the their true full name, date of birth, social security number, proof of legal presence in the country, and California residency (Pen. Code, § 3007.05, subd. (c)); or,
         
   2. For persons who have not previously held a Cal-ID or driver’s license:
      
      1. The person has signed and verified their application for a Cal-ID under penalty of perjury;
         
      2. The person has a usable photo taken;
         
      3. The person has provided a legible thumb or finger print; and,
         
         The person has provided acceptable proof of the their true full name, date of birth, social security number, legal presence in the country, and California residency, which shall be subject to DMV verification. (Pen. Code, § 3007.05, subd. (d).)
         
4. Authorizes CDCR and the DMV provide a renewed driver’s license in lieu of an identification card if the incarcerated person meets specified eligibility criteria, has had a valid driver’s license within the prior 10 years, and is otherwise eligible for the issuance of a driver’s license. (Pen. Code, § 3007.05, subd. (f).)
   
5. Provides that an incarcerated person receiving a driver’s license is be responsible for paying the difference between the cost of the driver’s license and the reduced fee for a Cal-ID. (Pen. Code, § 3007.05, subd. (f).)
   
6. Establishes an $8 fee for a replacement identification card issued to an eligible inmate upon release from a federal correctional facility or a county jail facility, or the Department of State Hospitals. (Veh. Code, § 14902, subds. (g) & (i).)
   
7. Establishes an $8 fee for an original or replacement identification card issued to an eligible inmate upon release from a state correctional facility. (Veh. Code, § 14902, subd. (g).)
   

FISCAL EFFECT:

Unknown

COMMENTS:

1. Author's Statement: According to the author, “For individuals transitioning back into the local communities after a period of incarceration, an official California ID card is necessary in order to access services, obtain employment, secure housing and seek medical insurance such as Medi-Cal. The legislature has taken action to make it easier for inmates leaving prison to obtain an ID with the goal of setting individuals up for success and reducing recidivism. AB 1329 expands on this progress by authorizing a 5-year pilot project for the San Diego County Sheriffs’ Department to explore a more expeditious process in issuing state identification cards to incarcerated persons upon their release from a San Diego County jail facility.”
   
2. CDCR Cal-ID program: The purpose of the Cal-ID program is to “streamline access to support services, such as medical, housing, and right-to-work documents” upon release. An incarcerated individual must be within 13 months of release from CDCR to apply for a Cal-ID. (https://www.cdcr.ca.gov/rehabilitation/calid/ [as of April 10, 2023].)
   
   As originally implemented, CDCR’s Cal-ID program provided a valid California ID card to eligible inmates upon their release from prison, and the program was located at 13 prisons designated as Reentry Hub institutions. AB 2308 (Stone, Chapter 607, Statutes of 2014) expanded the CAL-ID program, requiring CDCR and DMV to ensure that all eligible inmates released from state prison have a valid ID card.
   
   This bill creates a five-year pilot program which mirrors the current CDCR Cal-ID program for persons incarcerated in San Diego County jails. It also requires a report to the Legislature to obtain data on the program.
3. Argument in Support: According to the San Diego County Sheriff’s Department, the sponsor of this bill, “In 2015, the County of San Diego established a Memorandum of Understanding (MOU) with the DMV in facilitating the issuance of identification cards to incarcerated persons in San Diego County jails. The paper process to initiate an application takes DMV approximately 120 days from receipt of pre-screening information to the delivery of completed identification cards. Once an identification card is received, the San Diego County Sheriff's Department retains possession of the identification card issued by the DMV until the release of that individual. Since the inception of the MOU, the Sheriff's Department has issued over 3,500 identification cards to incarcerated individuals.

“AB 1329 will allow for efficiency by cutting the identification card issuance time in half so an incarcerated person can get quicker access to an official government issued identification card or driver's license. To support individuals transitioning back into the local communities, an official identification card is a needed step towards self-sufficiency and removes barriers with the end goal being the ability to access fundamental services for a successful reintegration back into society.”

1. Prior Legislation:
   
   1. SB 629 (Roth), Chapter 645, Statutes of 2021, changed the eligibility criteria for a state prison inmate to be issued a state identification card upon release.
      
   2. AB 2308 (Stone), Chapter 607, Statutes of 2014, required CDCR and the DMV to ensure that all eligible inmates released from state prisons have valid identification cards.
      
   3. AB 777 (Bass), of the of the 2009-10 Legislative Session, would have required CDCR to establish a pilot program at two state facilities to provide each inmate at those facilities, prior to his or her release, a valid California identification card issued by the DMV. AB 777 was held on the Appropriations Committee's Suspense File.
      
   4. AB 639 (Hancock), of the of the 2007-08 Legislative Session, would have provided that prior to release on parole, CDCR shall take reasonable steps to ensure that each parolee successfully obtains a valid California identification card issued by the DMV. AB 639 was vetoed.
      

REGISTERED SUPPORT / OPPOSITION:

Support

San Diego County Sheriff's Department (Sponsor)

California Public Defenders Association

California State Association of Counties

California State Sheriffs' Association

City of San Diego

San Diego County District Attorney's Office

San Diego Reentry Roundtable

Opposition

None

Analysis Prepared by:

Sandy Uribe / PUB. S. / (916) 319-3744