NY State Senate Bill 2023-S6465

Senate Bill S6465

2023-2024 Legislative Session

Creates an identification card program for local correctional facilities; and relates to issuance of and waiver of fees for identification cards issued pursuant to certain identification card programs

download bill text pdf

Current Bill Status - In Senate Committee Crime Victims, Crime And Correction Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to crime victims, crime and correction
Apr 21, 2023	referred to crime victims, crime and correction

2023-S6465 (ACTIVE) - Details

Current Committee:: Senate Crime Victims, Crime And Correction
Law Section:: Correction Law
Laws Affected:: Add §512, Cor L; amd §§490 & 491, V & T L

2023-S6465 (ACTIVE) - Summary

Creates an identification card program for incarcerated individuals in local correctional facilities; requires such identification cards to be identical to non-driver identification cards issued to the general public; waives fees for such identification cards.

2023-S6465 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S6465

SPONSOR: BAILEY
 
TITLE OF BILL:

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 pursuant
to identification card programs under the correction law

 
PURPOSE OR GENERAL IDEA:

Creates an identification card program for local correctional facili-
ties; and relates to issuance of and waiver of fees for identification
cards issued pursuant to certain identification card programs.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of the bill amends the correction law by adding a new section
512 to that law.

1. Contains the definition for "identification card."

2. Directs the Department of Motor Vehicles to develop a program that
would allow incarcerated individuals in local corrections who do not
otherwise possess a current form of photo identification issued by the
Department of Motor Vehicles to obtain a photo identification upon such
individual's release from a local correctional facility.

3. Provides that the sentence and commitment of an incarcerated individ-
ual shall be deemed sufficient to grant authorization to the relevant
sheriff to assist the person in applying for and obtaining a photo iden-
tification.

4. Provides for the procedures by which an incarcerated individual may
be issued photo identification by such a facility.

Section 2 of the bill amends section 490 of the vehicle and traffic law
by adding a new subdivision 4.

4. Provides that identification cards issued to incarcerated individuals
pursuant to sections eleven and five hundred twelve of the correction
law shall be formatted identically to all other identification cards
pursuant to this section.

Section 3 of the bill amends subdivision 3 of section 491 of the vehicle
and traffic law.

3. Provides that the Department of Motor Vehicles shall waive fees
required in subdivision 2 of section 491 when issuing photo identifica-
tion to incarcerated individuals in local correctional facilities.

Section 4 of the bill sets forth the effective date.

 
JUSTIFICATION:

Each year, more than 600,000 people are released from state and federal
prisons. Too often, these individuals do not have the opportunity or
means to obtain important identification documents.  Many formerly
incarcerated individuals find themselves without state identification
after they reenter society because their previous documentation expired
or was lost or damaged while they were incarcerated. Moreover, formerly
incarcerated people have difficulty accessing birth certificates and
Social Security cards, which are required documents to obtain state
identification. Additionally, the process for procuring such documents
can be daunting and costly.

State-issued identification is frequently required to access social
services, secure housing, and apply for employment-all factors that can
play a crucial role in a person's successful reintegration into the
community. People, leaving prisons and jails with state identification
cards may be able to access vital services and support more quickly than
those without identification cards. As such, issuing state identifica-
tion while people are still incarcerated is the most effective model to
support successful reentry. Valid identification is a pivotal component
to acquiring many other elements of reentry that have proven successful
at reducing recidivism.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATION FOR STATE AND LOCAL GOVERNMENTS:

TBD.

 
EFFECTIVE DATE:
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.

2023-S6465 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6465
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              April 21, 2023
                                ___________
 
 Introduced  by  Sen.  BAILEY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Crime Victims,  Crime  and
   Correction
 
 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.  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.
   4.  (A)  PRIOR  TO  AN  INCARCERATED INDIVIDUAL'S RELEASE FROM A LOCAL
 CORRECTIONAL FACILITY, THE SHERIFF OF SUCH LOCAL  CORRECTIONAL  FACILITY
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09944-01-3

 S. 6465                             2
 
 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 THEY OFFERED TO
 ASSIST  SUCH INCARCERATED INDIVIDUAL IN OBTAINING AN IDENTIFICATION 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.

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