HB 2249 — Prisoners; Department of Corrections-issued and jailer-issued identification.

SESSION INTRODUCEDHOUSE 23104101DSUBSTITUTE I23104386D HOUSE BILL NO.

2249 NAMENDMENT OfferedIN THE NATURE OF A SUBSTITUTE (Proposed by the House Committee on Public Safety on January 11,20, 20232023) (Patron Prior to Substitute––Delegate Rasoul) A BILL to amend and reenact §§ 53.1-31.4 and 53.1-116.1:02 of the Code of Virginia, relating toTto prisoners;Be it enacted by the General Assembly of Virginia:iler-issued identification.

Department1. of Corrections-issued and jailer-issued identification.

RThat ––––––––––§§ Patrons––Rasoul,53.1-31.4 Price, Shin and Williams53.1-116.1:02 Oof ––––––––––the DCode Referredof toVirginia Committeeare onamended Publicand Safetyreenacted ––––––––––as Ufollows: 1.

That§ §§53.1-31.4. 53.1-31.4 and 53.1-116.1:02 of the Code of Virginia are amended and reenacted as C follows:

E § 53.1-31.4.

Prior to the release or discharge of any prisoner who has been confined for at least 90 days and does not possess a government-issued identification card, birth certificate, and Social Security card, the Department shall provide the assistance necessary for such prisoner to apply for and obtain suchsuchard, the identification and documents prior to his release or discharge, provided that the Department has or can areadily government-issuedobtain identificationall cardrecords priorand toinformation hisnecessary releasefor ortheir discharge,issuance. the Department shall providebtain the prisoner with a Department of Corrections Offender Identification form.

If the Departmentprisoner receivesis unable to obtain a government-issued identification card, birth certificate, or Social Security card forprior ato prisoner after his release or discharge, the Department shall forwardprovide suchthe identificationprisoner orwith documenta toDepartment theof prisoHer.Corrections Offender Identification form.

TheIf the Department mayreceives establish a proceduregovernment-issued foridentification securingcard, suchbirth identificationcertificate, throughor theSocial DepartmentSecurity of2Motorcard Vehicles.for a prisoner after his prisoner.

The Department ofmay Motorestablish Vehicles shall expedite, to the extent possible, the processi4g of an application submitted by a prisonerprocedure for asecuring government-issuedsuch identification card,through birththeS certific9te,Department orof determinedMotor toVehicles. be indigent pursuant to § 19.2-159, all costs and fees associated with applying for and obtaining any identification or documents pursuant to this section shall be paid by the prisoner.

§The 53.1-116.1:02.Department of Motor Vehicles shall expedite, to the extent poEsible, the processing of an application submitted by a prisoner for a government-issued identification card and the issuance of such identification.

Jailer-issuedUnless identification.the prisoner is determined to be indigent pursuant to § 19.2-159, all costs and fees associated with applying for and obtaining any identification or documents pursuant to this section shall be paid by the prisoner.

S Prior to the release or discharge of any prisoner who has been confined for at least 90 days and does not possess a government-issued identification card, birth certificate, and or Social Security card, the sheriff, jail superintendent, or other jail administrator shall provide the assistance necessary for such prisoner to apply for and obtain such identification and documents prior to his release or discharge,discSarge, informationprovided necessarythat forthe theirsheriff, issuancesuperintendent, andor theadministrator prisoner has notor declinedcan anreadily offerobtain byall therecorTs sheriff,ndand 36 superintendent, or administrator to provide such assistance.

If the sheriff, jail superintendent, or other jail / 37 administrator receives a government-issued identification card, birth certificate, or Social Security card /: 38 for a prisoner after his release or discharge, the sheriff, superintendent, or administrator shall make 39 reasonable efforts to ensure that the prisoner obtains possession of such identification or document.

The36 sheriff,for jaila superintendent,prisoner after his release or otherdischarge, jailthe administratorsheriff, maysuperintendent, establishor aadministrator procedureshTll formake securing37 suchreasonable identificationefforts throughto ensure that the Departmentformer prisoner obtains possession of Motorsuch Vehicles.identification or 38 document.

The Departmentsheriff, ofjail Motorsuperintendent, Vehiclesor shallother government-issuedjail identificationadministrator card,may birthestablish certificate,a orprocedure Socialfor Security39 cardsecuring andsuch identification through the issuanceDepartment of suchMotor identificationVehicles. and documents.

UnlessThe theDepartment prisoner has funds in his account to cover all or part of theMotor costsT and fees associated with applying for anda obtaininggovernment-issued any identification orcard documentsand pursuantthe toissuance thisof section, such costsidentification. shall be paid by the jail.

Unless theEprisonerr has funds in his account to cover all or part of the costs and fees associated with applying for and obtaining any identification or documents pursuant to this section, such costs shall be paid by the jail.

2.

The Department of Corrections, in coordination with the State Board of Local and Regional Jails, the Department of Motor Vehicles, and the State Registrar on Vital Records, shall (i) review identification card, birth certificate, or Social Security card as required pursuant to §§ 53.1-31.4 and 53.1-116.1:02 of the Code of Virginia, as amended by this act;

(ii) identify any obstacles that may interfere with a prisoner obtaining such identification or documents prior to such prisonerHs release or discharge;

and (iii) issue a report of its findings and recommendations to the GenerBl Assembly no later than November 1, 2023.

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