S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5738--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 23, 2023
                                ___________
 
 Introduced by M. of A. FAHY, McDONALD, EPSTEIN, BRONSON, SIMON, MAMDANI,
   GLICK,  O'DONNELL  --  read  once  and  referred  to  the Committee on
   Correction -- recommitted to the Committee on Correction in accordance
   with Assembly Rule 3, sec. 2 -- committee  discharged,  bill  amended,
   ordered reprinted as amended and recommitted to said committee

 AN ACT to amend the correction law, in relation to creating an identifi-
   cation card program for incarcerated individuals in local correctional
   facilities;  and  to amend the vehicle and traffic law, in relation to
   issuance of and waiver of fees for identification cards issued  pursu-
   ant to identification card programs under the correction law
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The correction law is amended by adding a new  section  512
 to read as follows:
   §  512.  IDENTIFICATION CARD PROGRAM. 1. FOR PURPOSES OF THIS SECTION,
 "IDENTIFICATION CARD" SHALL HAVE THE SAME MEANING AS DEFINED IN  SECTION
 FOUR HUNDRED NINETY OF THE VEHICLE AND TRAFFIC LAW.
   2. THE DEPARTMENT OF MOTOR VEHICLES SHALL DEVELOP A PROGRAM THAT WOULD
 ALLOW  INCARCERATED INDIVIDUALS IN LOCAL CORRECTIONAL FACILITIES WITHOUT
 AN IDENTIFICATION CARD, OR WHO HAVE NOT BEEN ISSUED A  DRIVER'S  LICENSE
 OR  LEARNER'S  PERMIT  BY  THE  COMMISSIONER OF MOTOR VEHICLES, OR WHOSE
 DRIVER'S LICENSE OR LEARNER'S PERMIT IS EXPIRED, SUSPENDED,  REVOKED  OR
 SURRENDERED, OR WHOSE IDENTIFICATION CARD IS EXPIRED, TO OBTAIN AN IDEN-
 TIFICATION  CARD  PRIOR TO SUCH INCARCERATED INDIVIDUAL'S RELEASE FROM A
 LOCAL CORRECTIONAL FACILITY AT THE OPTION OF SUCH INCARCERATED  INDIVID-
 UAL.
   3.  IF  THE IDENTIFICATION CARD PROGRAM DEVELOPED BY THE DEPARTMENT OF
 MOTOR VEHICLES PURSUANT TO THIS SECTION PROVIDES AN OPTION FOR  ELIGIBLE
 INCARCERATED  INDIVIDUALS  TO  ELECT TO REGISTER TO VOTE IN THE STATE OF
 NEW YORK IN THE PROCESS OF APPLYING  FOR  AN  IDENTIFICATION  CARD,  THE
 DEPARTMENT  SHALL DEVELOP REGULATIONS TO NOTIFY INCARCERATED INDIVIDUALS
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09944-02-4
              

 A. 5738--A                          2
 
 WHO ARE NOT ELIGIBLE TO VOTE IN THE STATE OF NEW YORK OF  SUCH  INELIGI-
 BILITY PRIOR TO THEIR COMPLETION OF SUCH APPLICATION.
   4.  THE  SENTENCE  AND  COMMITMENT  OF AN INCARCERATED INDIVIDUAL IN A
 LOCAL CORRECTIONAL FACILITY SHALL BE DEEMED SUFFICIENT TO GRANT AUTHORI-
 ZATION TO THE SHERIFF OF SUCH LOCAL CORRECTIONAL FACILITY TO ASSIST SUCH
 INCARCERATED INDIVIDUAL TO APPLY FOR AND OBTAIN AN  IDENTIFICATION  CARD
 FROM THE DEPARTMENT OF MOTOR VEHICLES.
   5.  (A)  PRIOR  TO  AN  INCARCERATED INDIVIDUAL'S RELEASE FROM A LOCAL
 CORRECTIONAL FACILITY, THE SHERIFF OF SUCH LOCAL  CORRECTIONAL  FACILITY
 SHALL  NOTIFY  SUCH INCARCERATED INDIVIDUAL, VERBALLY AND IN WRITING, OF
 THE IDENTIFICATION CARD PROGRAM UNDER THIS SECTION. THE SHERIFF OF  SUCH
 LOCAL  CORRECTIONAL  FACILITY  SHALL  ALSO  DOCUMENT  THAT  SUCH SHERIFF
 OFFERED TO ASSIST SUCH INCARCERATED INDIVIDUAL IN OBTAINING AN IDENTIFI-
 CATION CARD AND IF SUCH INCARCERATED INDIVIDUAL DECLINED. THE SHERIFF OF
 A LOCAL CORRECTIONAL FACILITY SHALL MAKE DILIGENT EFFORTS TO ENSURE THAT
 AN INCARCERATED INDIVIDUAL IS PROVIDED WITH AN IDENTIFICATION  CARD,  IF
 REQUESTED,  PRIOR  TO  OR  UPON THE RELEASE OF SUCH INDIVIDUAL FROM SUCH
 LOCAL CORRECTIONAL FACILITY.
   (B) IF AN IDENTIFICATION CARD IS OBTAINED WITH THE ASSISTANCE  OF  THE
 SHERIFF  OF A LOCAL CORRECTIONAL FACILITY FOR AN INCARCERATED INDIVIDUAL
 PRIOR TO SUCH INDIVIDUAL'S RELEASE FROM SUCH LOCAL CORRECTIONAL  FACILI-
 TY, SUCH IDENTIFICATION CARD SHALL BE KEPT IN SUCH INCARCERATED INDIVID-
 UAL'S  RECORDS UNTIL SUCH INDIVIDUAL IS RELEASED FROM SUCH LOCAL CORREC-
 TIONAL FACILITY; AND UPON SUCH INDIVIDUAL'S RELEASE, SUCH IDENTIFICATION
 CARD SHALL BE PROVIDED TO SUCH INDIVIDUAL.
   § 2. Section 490 of the vehicle and traffic law is amended by adding a
 new subdivision 4 to read as follows:
   4. IDENTIFICATION CARD PROGRAMS. IDENTIFICATION CARDS ISSUED TO INCAR-
 CERATED INDIVIDUALS PURSUANT TO AN  IDENTIFICATION  CARD  PROGRAM  UNDER
 SECTION  ELEVEN  OR  FIVE  HUNDRED TWELVE OF THE CORRECTION LAW SHALL BE
 FORMATTED IDENTICALLY TO ALL OTHER IDENTIFICATION CARDS ISSUED  PURSUANT
 TO  THIS  SECTION. SUCH IDENTIFICATION CARDS SHALL NOT CONTAIN ANY MARK-
 INGS OR OTHER INDICATIONS THAT SUCH  IDENTIFICATION  CARDS  WERE  ISSUED
 PURSUANT TO SUCH AN IDENTIFICATION CARD PROGRAM.
   §  3.  Subdivision 3 of section 491 of the vehicle and traffic law, as
 amended by section 2 of part Q of chapter 58 of the  laws  of  2022,  is
 amended to read as follows:
   3.  Waiver  of  fee.  The  commissioner  may waive the payment of fees
 required by subdivision two of this section if the applicant is  (a)  an
 incarcerated individual in an institution or correctional facility under
 the jurisdiction of a state department or agency, OR A LOCAL CORRECTION-
 AL  FACILITY  AS  DEFINED BY SECTION TWO OF THE CORRECTION LAW, or (b) a
 victim of a crime and the identification card applied for is a  replace-
 ment for one that was lost or destroyed as a result of the crime.
   §  4.  This  act shall take effect on the thirtieth day after it shall
 have become a law. Effective immediately, the addition, amendment and/or
 repeal of any rule or regulation necessary  for  the  implementation  of
 this  act  on its effective date are authorized to be made and completed
 on or before such effective date.