WEST virginia legislature

2019 regular session

Committee Substitute

for

House Bill 2083

By Delegates Pushkin, Shott, Miley, Lovejoy and Miller

[Originating in the committee on the Judiciary; January 24, 2019.]

 A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §17B-2-1c, relating to facilitating a released inmate’s reintegration into society, by requiring the Division of Corrections and Rehabilitation to provide an identification card for eligible released inmates who do not have a West Virginia identification card or driver’s license; permitting the Division of Motor Vehicles to make visits to Division of Corrections and Rehabilitation’s facilities to assist inmates with applications to obtain a West Virginia identification card; providing that the Division of Corrections and Rehabilitation be temporary in nature; providing that the identification card issued by the Division of Corrections and Rehabilitation have the same force and effect as a standard/Not For Federal Use identification card; providing that the Division of Motor Vehicles shall accept an unexpired Division of Corrections and Rehabilitation identification card as proof of identity and proof of residency; requiring the Division of Corrections and Rehabilitation and the Division of Motor Vehicles to work together to develop a policy to verify social security numbers of released inmates; and requiring a former inmate to pay all fees charged by the Division of Motor Vehicles related to the issuance of an identification card. 

Be it enacted by the Legislature of West Virginia:

ARTICLE 2. issuance of license, expiration and renewal.

§17B-2-1c. Identification card for released inmates.

(a) It is the intent of the Legislature to enact legislation that reduces recidivism rates for West Virginia’s released inmates. Furthermore, it is the intent of the Legislature to establish a mechanism that will provide certain inmates with identification cards upon their release from the custody of the Division of Corrections and Rehabilitation, providing them with an important tool for their reintegration into society.

(b) The Legislature finds and declares all of the following:

(1) The lack of proper identification for individuals recently released from prison is a major barrier to successful community reintegration.

(2) Inmates who have served long sentences may have outdated identification cards or lost their cards during their travel through the criminal justice system.

(3) The lack of an identification card leaves released inmates unable to complete employment forms, apply for housing, open a bank account, cash or deposit a check, receive necessary medication, register for school or enter a federal building.

(c) Prior to each inmate being released from a Division of Corrections and Rehabilitation prison unit, the division shall take reasonable steps to issue an identification card to each inmate who is eligible pursuant to the division’s policies.   

(d) The Division of Corrections and Rehabilitation, in collaboration with the Division of Motor Vehicles, shall allow the Division of Motor Vehicles to make visits to its facilities for the purpose of assisting inmates with the application process to obtain a valid West Virginia identification card. 

(e) An inmate is not eligible to receive an identification card pursuant to this section if the inmate already has possession of an unexpired West Virginia identification card or driver’s license.  Further, an inmate is not eligible to receive an identification card if the inmate is not a U.S. citizen. 

(f) The identification card issued by the Division of Corrections and Rehabilitation shall be temporary in nature and expire ninety (90) days after issuance.

(g) The identification card issued by the Division of Corrections and Rehabilitation shall have the same force and effect as a standard/Not For Federal Use identification card issued by the Division of Motor Vehicles. 

(h)  Notwithstanding any other provision of this article to the contrary, the Division of Motor Vehicles shall accept an unexpired identification card issued by the Division of Corrections and Rehabilitation as proof of identity and proof of residency.  If no other document is presented by the released inmate showing proof of social security number, the Division of Motor Vehicles shall contact the Division of Corrections and Rehabilitation to verify the social security number of the released inmate.  The released inmate is not required to provide any further documentation to obtain a standard/Not For Federal Use identification card.   The Division of Corrections and Rehabilitation, in collaboration with the Division of Motor Vehicles, will work together to develop a policy to verify social security numbers of released inmates. 

(i) A released inmate shall pay all fees charged by the Division of Motor Vehicles related to the issuance of an identification card.

NOTE: The purpose of this bill is to facilitate a released inmate’s reintegration into society, by requiring the Division of Corrections and Rehabilitation, to provide an identification card for inmates who do not have a West Virginia identification card or driver’s license.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.