Senate Bill S9058

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9058
 
                             I N  S E N A T E
 
                              April 15, 2024
                                ___________
 
 Introduced  by  Sen. SANDERS -- 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 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.
   4.  (a) Prior to an incarcerated individual's release from an institu-
 tion or correctional facility under the jurisdiction of the  department,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD14882-02-4
 S. 9058                             2
 
 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.
   §  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.