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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A6732
SPONSOR: Gibbs 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 OF BILL:
This bill would expand the identification card program to local correc-
tional facilities
SUMMARY OF PROVISIONS:
Section 1 creates a new Section 512 of the Correction Law which directs
the Department of Motor Vehicles to develop a program to allow incarcer-
ated individuals at local correctional facilities to get identification
cards prior to their release. It also directs the Sheriff of each facil-
ity to notify incarcerated individuals of their ability to get an ID
through the program, document anyone who declines to apply for an ID,
make diligent efforts to provide IDs upon release, and keep any ID that
arrives early in the incarcerated individual's record to be given to
them upon release.
Section 2 amends Section 490 of the vehicle and traffic law by adding a
new subdivision 4 which sets that all identification cards provided
pursuant to the Identification Card Programs for state or local correc-
tional facilities shall be identical to other ID cards issued and shall
contain no markers indicating the ID card was provided through an Iden-
tification Card Program.
Section 3 amends Subdivision 3 of section 491 of the vehicle and traffic
law to expand fee waivers to include individuals that are incarcerated
at local correctional facilities.
Section 4 sets that this act shall take effect on the thirtieth day
after it shall have become a law.
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):
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 incar-
cerated 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 incar-
cerated people have difficulty accessing birth certificates and Social
Security cards, which are required documents to obtain state identifica-
tion. 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
may be able to access vital services and support more quickly than those
without identification. As such, issuing state identification 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:
2023-24 A5738 (Fahy) - referred to correction
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None
EFFECTIVE DATE:
This act shall take effect on the thirtieth day after it shall have
become a law.
STATE OF NEW YORK
________________________________________________________________________
6732
2025-2026 Regular Sessions
IN ASSEMBLY
March 11, 2025
___________
Introduced by M. of A. GIBBS -- read once and referred to the Committee
on 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:
1 Section 1. The correction law is amended by adding a new section 512
2 to read as follows:
3 § 512. Identification card program. 1. For purposes of this section,
4 "identification card" shall have the same meaning as defined in section
5 four hundred ninety of the vehicle and traffic law.
6 2. The department of motor vehicles shall develop a program that would
7 allow incarcerated individuals in local correctional facilities without
8 an identification card, or who have not been issued a driver's license
9 or learner's permit by the commissioner of motor vehicles, or whose
10 driver's license or learner's permit is expired, suspended, revoked or
11 surrendered, or whose identification card is expired, to obtain an iden-
12 tification card prior to such incarcerated individual's release from a
13 local correctional facility at the option of such incarcerated individ-
14 ual.
15 3. The sentence and commitment of an incarcerated individual in a
16 local correctional facility shall be deemed sufficient to grant authori-
17 zation to the sheriff of such local correctional facility to assist such
18 incarcerated individual to apply for and obtain an identification card
19 from the department of motor vehicles.
20 4. (a) Prior to an incarcerated individual's release from a local
21 correctional facility, the sheriff of such local correctional facility
22 shall notify such incarcerated individual, verbally and in writing, of
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09117-01-5
A. 6732 2
1 the identification card program under this section. The sheriff of such
2 local correctional facility shall also document that they offered to
3 assist such incarcerated individual in obtaining an identification card
4 and if such incarcerated individual declined. The sheriff of a local
5 correctional facility shall make diligent efforts to ensure that an
6 incarcerated individual is provided with an identification card, if
7 requested, prior to or upon the release of such individual from such
8 local correctional facility.
9 (b) If an identification card is obtained with the assistance of the
10 sheriff of a local correctional facility for an incarcerated individual
11 prior to such individual's release from such local correctional facili-
12 ty, such identification card shall be kept in such incarcerated individ-
13 ual's records until such individual is released from such local correc-
14 tional facility; and upon such individual's release, such identification
15 card shall be provided to such individual.
16 § 2. Section 490 of the vehicle and traffic law is amended by adding a
17 new subdivision 4 to read as follows:
18 4. Identification card programs. Identification cards issued to incar-
19 cerated individuals pursuant to an identification card program under
20 section eleven or five hundred twelve of the correction law shall be
21 formatted identically to all other identification cards issued pursuant
22 to this section. Such identification cards shall not contain any mark-
23 ings or other indications that such identification cards were issued
24 pursuant to such an identification card program.
25 § 3. Subdivision 3 of section 491 of the vehicle and traffic law, as
26 amended by section 2 of part Q of chapter 58 of the laws of 2022, is
27 amended to read as follows:
28 3. Waiver of fee. The commissioner may waive the payment of fees
29 required by subdivision two of this section if the applicant is (a) an
30 incarcerated individual in an institution or correctional facility under
31 the jurisdiction of a state department or agency, or a local correction-
32 al facility as defined by section two of the correction law, or (b) a
33 victim of a crime and the identification card applied for is a replace-
34 ment for one that was lost or destroyed as a result of the crime.
35 § 4. This act shall take effect on the thirtieth day after it shall
36 have become a law. Effective immediately, the addition, amendment and/or
37 repeal of any rule or regulation necessary for the implementation of
38 this act on its effective date are authorized to be made and completed
39 on or before such effective date.
