BILL NUMBER: S3239
SPONSOR: COONEY
 
TITLE OF BILL:
An act to amend the correction law, in relation to the creation of a
department of corrections and community supervision identification form;
and to amend the vehicle and traffic law, in relation to the use of a
department of corrections and community supervision identification form
as proof of identity
 
PURPOSE:
To create a department of corrections identification form that will
contain: the individual's full name, individual's permanent address or
address that the individual intends to return to, individual's birth
date, any other information that the commissioner shall deem relevant or
necessary. This identification form and all other forms and/or documents
shall be delivered by the Department of Corrections and Community Super-
vision immediately upon the individual's release. This identification
form will count for all of the necessary points needed to obtain a
permanent identification card from the Department of Motor Vehicles.
 
SUMMARY OF PROVISIONS:
The corrections law is amended by adding a new section, section 81.
Section 81 states that the Department of Corrections commissioner with
the cooperation with the commissioner of the Department of Motor Vehi-
cles will create a department of corrections identification form imme-
diately upon such individual's release which will contain the following:
such individual's full name, such individual's permanent address, such
individual's birth date, and any other information deemed relevant or
necessary by the commissioner. In Section 81 subsection 3 the amended
law states that a corrections facility shall deliver to each individual
all forms, paperwork, and/or other documents to be required by
subsection 1 of Section 81 immediately upon such individual's release.
Section 490 of the vehicle and traffic law is amended by adding a new
subdivision 2-a which mandates that the identification form pursuant to
section 81 shall constitute sufficient proof of identity for an individ-
ual submitting an application for an identification card pursuant to
this section, and the commissioner shall not require such individual to
provide any further proof of identification. Subparagraph (i) of para-
graph (a) of subdivision 3 of section 490 of the vehicle and traffic law
is amended so that an individual can provide either their social securi-
ty number or their department of corrections identification form pursu-
ant to section 81 of corrections law to obtain a nontransferable iden-
tification card.
Subdivision 1 of section 502 of the vehicle and traffic law is amended
so that an applicant for a drivers license may include a department of
corrections identification form issued pursuant to section 81 of the
correction law as proof of identification. Subdivision 1 of section 502
is further amended to state that in the case of an applicant using a
department of corrections identification form issued pursuant to section
81 of the correction law as proof of identity the commissioner shall not
require such applicant to provide any additional proof of identity.
 
JUSTIFICATION:
Paperwork that is required for the release of an incarcerated individual
is often lost and/or delayed in arrival by the department of
corrections. The lack of proper identification upon release from the
Department of Corrections means that an affected individual is unable to
obtain their permanent identification from the Department of Motor Vehi-
cles. Without proper identification reentry into society is nearly
impossible leading to the inability to apply for a job, open a bank
account, apply for social services and more. This bill will correct a
administrative oversight that leads to higher recidivism rates and will
give individuals leaving corrections facilities a true second chance.
 
LEGISLATIVE HISTORY:
2023-24: S.768
2021-22: S.5373, referred to Crime Victims, Crime and Correction
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
This act shall take effect immediately after it becomes law.