S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5989
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 25, 2025
                                ___________
 
 Introduced  by M. of A. DILAN -- read once and referred to the Committee
   on Correction
 
 AN ACT to amend the correction law, in relation to providing  for  auto-
   matic issuance of identification cards to incarcerated individuals and
   assistance with obtaining copies of certain documents

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 11 of the correction law, as added by section 1  of
 part Q of chapter 58 of the laws of 2022, is amended to read as follows:
   §  11.  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  commissioner,  in consultation with the commissioner of motor
 vehicles, shall develop  a  program  that  would  [allow]  AUTOMATICALLY
 PROVIDE  incarcerated  individuals  without  an  identification card, or
 incarcerated individuals who have not been issued a driver's license  or
 learner's  permit by the commissioner of motor vehicles, or incarcerated
 individuals whose driver's  license  or  learner's  permit  is  expired,
 suspended,  revoked  or  surrendered,  or incarcerated individuals whose
 identification card is expired, [to obtain] WITH an identification  card
 prior  to  the  incarcerated individual's release from an institution or
 correctional facility under the jurisdiction of the department  or  upon
 the  individual's  release  from an institution or correctional facility
 under the jurisdiction of the department at the option of the  incarcer-
 ated individual.
   3.  The  sentence  and  commitment  or certificate of conviction of an
 incarcerated individual shall be deemed  sufficient  to  grant  authori-
 zation  to  the  department  of corrections and community supervision to
 assist an incarcerated individual  in  an  institution  or  correctional
 facility  under  the  jurisdiction  of  such department to apply for and
 obtain an identification card from the department of motor vehicles.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10077-01-5
              

 A. 5989                             2
 
   4. (a) Prior to an incarcerated individual's release from an  institu-
 tion  or correctional facility under the jurisdiction of the department,
 the department shall notify the incarcerated individual, verbally and in
 writing, of such identification card program. The department shall  also
 document  that  they  offered  to  assist the incarcerated individual in
 obtaining an identification card and  if  such  incarcerated  individual
 declined.  The  department 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 an
 institution or correctional  facility  under  the  jurisdiction  of  the
 department.  SUCH  EFFORTS SHALL INCLUDE ASSISTING INCARCERATED INDIVID-
 UALS WITH OBTAINING COPIES OF ANY DOCUMENTS NEEDED TO  APPLY  FOR  IDEN-
 TIFICATION  CARDS.  SUCH DOCUMENTS SHALL INCLUDE, BUT NOT BE LIMITED TO,
 AN INCARCERATED INDIVIDUAL'S SOCIAL SECURITY CARD AND BIRTH CERTIFICATE.
   (b) If an identification card is obtained with the assistance  of  the
 department  for  an  incarcerated  individual prior to such individual's
 release from the department's custody, the identification card shall  be
 kept  in  the incarcerated individual's records until such individual is
 released from an institution or correctional facility under  the  juris-
 diction of the department; upon such individual's release, the identifi-
 cation card shall be provided to the individual.
   5.  The  department  shall  collect data on the number of incarcerated
 individuals participating in the identification card program and issue a
 report on such data to the governor,  the  temporary  president  of  the
 senate  and  the speaker of the assembly annually until December thirty-
 first, two thousand [twenty-six] TWENTY-SEVEN.
   § 2. This act shall take effect on the first of April next  succeeding
 the date on which 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.