Senate Bill S8083A

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8083--A
 
                             I N  S E N A T E
 
                             January 25, 2022
                                ___________
 
 Introduced  by  Sen.  CLEARE -- read twice and ordered printed, and when
   printed to be committed to the Committee on Crime Victims,  Crime  and
   Correction  -- reported favorably from said committee and committed to
   the Committee  on  Finance  --  committee  discharged,  bill  amended,
   ordered reprinted as amended and recommitted to said committee

 AN  ACT  to amend the correction law and the vehicle and traffic law, in
   relation to providing identification cards to incarcerated individuals
   upon release from incarceration
 
   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 11 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 INCARCERATED INDIVID-
 UALS WITHOUT AN  IDENTIFICATION  CARD,  OR  INDIVIDUALS  WHOSE  DRIVER'S
 LICENSE  OR  LEARNER'S PERMIT HAS NOT BEEN ISSUED  BY  THE  COMMISSIONER
 OF  MOTOR VEHICLES,  OR  INDIVIDUALS WHOSE DRIVER'S LICENSE OR LEARNER'S
 PERMIT  IS EXPIRED,  SUSPENDED,  REVOKED OR SURRENDERED,  TO  OBTAIN  AN
 IDENTIFICATION  CARD PRIOR TO THE INCARCERATED INDIVIDUAL'S RELEASE FROM
 A CORRECTIONAL FACILITY UNDER THE JURISDICTION OF THE DEPARTMENT OR UPON
 THE INDIVIDUAL'S RELEASE FROM A CORRECTIONAL FACILITY UNDER  THE  JURIS-
 DICTION OF THE DEPARTMENT.
   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
 APPLY FOR AND/OR OBTAIN AN IDENTIFICATION CARD ON BEHALF OF AN INCARCER-
 ATED INDIVIDUAL IN AN INSTITUTION OR  CORRECTIONAL  FACILITY  UNDER  THE
 JURISDICTION OF THE DEPARTMENT.
   4.  (A)  THE  DEPARTMENT SHALL MAKE DILIGENT EFFORTS TO ENSURE THAT AN
 INCARCERATED INDIVIDUAL IS PROVIDED WITH AN IDENTIFICATION CARD PRIOR TO
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04985-06-2
              

 S. 8083--A                          2
 
 OR UPON THE RELEASE OF SUCH INDIVIDUAL FROM AN  INSTITUTION  OR  CORREC-
 TIONAL FACILITY UNDER THE JURISDICTION OF THE DEPARTMENT.
   (B)  IF AN IDENTIFICATION CARD IS OBTAINED BY THE DEPARTMENT ON BEHALF
 OF 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  JURISDICTION  OF  THE
 DEPARTMENT;  UPON  SUCH  INDIVIDUAL'S  RELEASE,  THE IDENTIFICATION CARD
 SHALL BE PROVIDED TO THE INDIVIDUAL.
   5. FEES ASSOCIATED WITH THE ORIGINAL  ISSUANCE  OF  AN  IDENTIFICATION
 CARD  SHALL BE PAID FOR BY THE DEPARTMENT IF SUCH FEES ARE NOT WAIVED BY
 THE COMMISSIONER OF THE DEPARTMENT OF MOTOR VEHICLES.
   § 2. The opening paragraph  of  paragraph  (a)  of  subdivision  2  of
 section 490 of the vehicle and traffic law, as amended by chapter 158 of
 the laws of 2021, is amended to read as follows:
   Any person to whom a driver's license or learner's permit has not been
 issued  by  the  commissioner,  or  whose  driver's license or learner's
 permit is expired, suspended, revoked or surrendered, may make  applica-
 tion to the commissioner for the issuance of an identification card. FOR
 INCARCERATED  INDIVIDUALS, THE SENTENCE AND COMMITMENT OR CERTIFICATE OF
 CONVICTION OF AN INCARCERATED INDIVIDUAL SHALL BE DEEMED  SUFFICIENT  TO
 GRANT  AUTHORIZATION  TO  THE  DEPARTMENT  OF  CORRECTIONS AND COMMUNITY
 SUPERVISION TO APPLY FOR AND/OR OBTAIN AN IDENTIFICATION CARD ON  BEHALF
 OF AN INCARCERATED INDIVIDUAL IN AN INSTITUTION OR CORRECTIONAL FACILITY
 UNDER THE JURISDICTION OF SUCH DEPARTMENT. The commissioner shall ensure
 that  space  is  provided on the application so that the applicant shall
 register or decline registration in the donate life registry  for  organ
 and  tissue donations pursuant to section forty-three hundred ten of the
 public health law and that the following is stated on the application in
 clear and conspicuous type:
   § 3. Subdivision 3 of section 491 of the vehicle and traffic  law,  as
 added  by  section  1  of  part  H of chapter 58 of the laws of 2017, 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 UNDER THE  JURISDICTION  OF  A
 STATE DEPARTMENT OR AGENCY, OR (B) a victim of a crime and the identifi-
 cation  card  applied  for  is  a  replacement  for one that was lost or
 destroyed as a result of the crime.
   § 4. 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.