Bill Text: VA HB1405 | 2025 | Regular Session | Comm Sub
Bill Title: Prisoners; Department of Corrections- and jailer-issued identification.
Spectrum: Moderate Partisan Bill (Democrat 5-1)
Status: (Engrossed) 2024-02-28 - Continued to 2025 in Finance and Appropriations (15-Y 0-N) [HB1405 Detail]
Download: Virginia-2025-HB1405-Comm_Sub.html
Be it enacted by the General Assembly of Virginia:
1. That §§53.1-31.4 and 53.1-116.1:02 of the Code of Virginia are amended and reenacted as follows:
§53.1-31.4. Department of Corrections-issued identification.
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 Department shall provide the assistance necessary for such prisoner
to apply for and obtain such identification and documents prior to his release
or discharge, provided that the Department has or can readily obtain all
records and information necessary for their issuance. If the prisoner is unable
to obtain a government-issued identification card prior to his release or
discharge, the Department shall provide the prisoner with a Department of
Corrections Offender Identification form. If the Department receives a
government-issued identification card, birth certificate, or Social Security
card for a prisoner after his release or discharge, the Department shall
forward such identification or document to the former prisoner. The
Department shall establish a procedure for securing such identification through
the Department of Motor Vehicles. The Department of Motor Vehicles shall
expedite, to the extent possible, the processing of an application submitted by
a prisoner for a government-issued identification card and the issuance of such
identification. Unless 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.
§53.1-116.1:02. Jailer-issued identification.
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, provided that
the sheriff, superintendent, or administrator has or can readily obtain all
records and information necessary for their issuance and the prisoner has not
declined an offer by the sheriff, superintendent, or administrator to provide
such assistance. If the sheriff, jail superintendent, or other jail
administrator receives a government-issued identification card, birth
certificate, or Social Security card for a prisoner after his release or
discharge, the sheriff, superintendent, or administrator shall make reasonable
efforts to ensure that the former prisoner obtains possession of such
identification or document. The sheriff, jail superintendent, or other jail
administrator may shall establish a procedure for securing such
identification through the Department of Motor Vehicles. The Department of
Motor Vehicles shall expedite, to the extent possible, the processing of an
application submitted by a prisoner for a government-issued identification card
and the issuance of such identification. Unless the prisoner 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. That the Department of Corrections, in coordination with the State Board of Local and Regional Jails, the Department of Motor Vehicles, and the State Registrar of Vital Records, shall (i) review the processes involved in assisting a prisoner in applying for and obtaining a government-issued 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 prisoner's release or discharge; and (iii) issue a report of its findings and recommendations to the General Assembly no later than November 1, 2024.
