PRIOR PRINTER'S NO. 1882
PRINTER'S NO. 2811
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1601
Session of
2023
INTRODUCED BY KINKEAD, KINSEY, HILL-EVANS, HOHENSTEIN, MADDEN,
McNEILL, RABB, SANCHEZ, GUENST, KAZEEM, MAYES, HANBIDGE,
WAXMAN, GIRAL, M. JONES, KHAN, HOWARD, CEPEDA-FREYTIZ, OTTEN,
KRAJEWSKI, GREEN, WEBSTER AND TAKAC, AUGUST 7, 2023
AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,
MARCH 26, 2024
AN ACT
Amending Title 61 (Prisons and Parole) of the Pennsylvania
Consolidated Statutes, establishing the Identification Upon
Reentry Program.
AMENDING TITLE 61 (PRISONS AND PAROLE) OF THE PENNSYLVANIA
CONSOLIDATED STATUTES, ESTABLISHING THE IDENTIFICATION UPON
REENTRY PROGRAM.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 61 of the Pennsylvania Consolidated
Statutes is amended by adding a chapter to read:
CHAPTER 49A
IDENTIFICATION UPON REENTRY
Sec.
49A01. Scope of chapter.
49A02. Definitions.
49A03. Establishment.
49A04. Administration.
49A05. Guidelines.
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49A06. Responsibilities of paying costs.
49A07. Rules and regulations.
§ 49A01. Scope of chapter.
This chapter relates to the Identification Upon Reentry
Program.
§ 49A02. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Acceptable proof of residency." A current and unexpired
driver's license or photo identification card, vehicle
registration card, auto insurance card, computer-generated
utility bill showing a person's name and address, postmarked
mail or package label, W-2 form or pay stub, lease agreement or
mortgage document or official tax record reflecting a person's
name and address.
"Article." The following:
(1) A Social Security card.
(2) An acceptable proof of residency.
"Assist." Printing necessary forms, ensuring that an
eligible offender has filled forms out correctly with sufficient
information, facilitating communication between an eligible
offender and State agencies and keeping an eligible offender
updated on the developments of their case.
"Certificate." A birth certificate, certificate of United
States citizenship or certificate of naturalization.
"Costs." Application fees and translation services and other
goods or services that require a payment from an eligible
offender.
"Eligible offender." An incarcerated individual who i s to be
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released from a State correctional institution or juvenile
detention facility and who shall continue residing in this
Commonwealth upon release and has not decided to opt out of the
program.
"Program." The Identification Upon Reentry Program
established under section 49A03 (relating to establishment).
"Specified area." An area within this Commonwealth,
determined by the department, where driving a car is not
necessary due to access to public transportation or other
transportation.
"Work permit." A transferable work permit valid for minors
16 and 17 years of age and valid for the entire time the minor
is eligible for work through 18 years of age.
§ 49A03. Establishment.
The department, in collaboration with the Department of Human
Services and the Department of Transportation, shall establish
the Identification Upon Reentry Program to provide eligible
offenders with birth certificates, Social Security cards, photo
identification cards, driver's licenses in the form of camera or
photo identification cards and work permits upon release from a
State correctional institution or juvenile detention center.
§ 49A04. Administration.
The program shall be administered as follows:
(1) The department, the Department of Human Services and
the Department of Transportation shall establish policies
necessary to carry out the program, including program
requirements and implementation.
(2) The department, the Department of Human Services and
the Department of Transportation may seek Federal or State
funding to support the program.
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(3) The department, the Department of Human Services and
the Department of Transportation shall develop monitoring and
accountability systems to confirm that the program is being
efficiently carried out. The monitoring and accountability
systems shall include the submission of an annual report to
the Law and Justice Committee of the Senate and the Judiciary
Committee of the House of Representatives. The annual report
shall include the number and percentage of offenders released
with articles, certificates, camera or photo identification
cards and driver's licenses and the number and percentage of
offenders released without such documents and the reasons
why.
§ 49A05. Guidelines.
The following guidelines shall apply:
(1) Prior to the release of an eligible offender, the
department, in consultation with the Department of Human
Services and the Department of Transportation, shall assist
an eligible offender in obtaining the following:
(i) A birth certificate.
(ii) A Social Security card.
(iii) A photo identification card.
(iv) A driver's license in the form of a camera
card.
(v) A work permit.
(2) Once an eligible offender is made aware of the
eligible offender's ability to participate and available
options under the program, the eligible offender may opt out
of participation in the program.
(3) The department, in consultation with the Department
of Human Services and the Department of Transportation, shall
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assist an eligible offender in obtaining the necessary
articles and certificates needed to apply for a driver's
license, photo identification card and work permit.
(4) If an eligible offender was born in another state or
became a United States citizen or a naturalized citizen, the
department and the Department of Human Services shall remain
responsible for assisting the eligible offender in obtaining
the necessary documents from the appropriate agencies before
the eligible offender is released.
(5) The Department of Transportation, in cooperation
with the department, shall issue a renewed or replacement
driver's license in the form of a camera card to an eligible
offender deemed eligible to drive.
(6) If an eligible offender's driver's license is
expired, the department, in cooperation with the Department
of Transportation, shall renew the eligible offender's
driver's license.
(7) The Department of Transportation, in cooperation
with the department and the Department of Human Services,
shall issue a new or replacement photo identification card in
the form of a camera or photo identification card to an
eligible offender who is not old enough to drive or resides
in a specified area.
(8) If an eligible offender's driver's license has been
issued a definite suspension by the Department of
Transportation, the department, in cooperation with the
Department of Transportation, shall provide the offender with
a restoration requirement letter, assist the eligible
offender in applying for reinstatement and inform the
eligible offender of when the application will be approved.
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(9) If an eligible offender's driver's license has been
issued an indefinite suspension by the Department of
Transportation, the department shall issue the eligible
offender a photo identification card in the form of a camera
card and the Department of Transportation shall provide the
offender with a pamphlet that includes the steps that the
eligible offender must take to contest a suspended license
resulting from a court conviction.
(10) If an eligible offender's suspended driver's
license cannot be reinstated prior to the eligible offender's
release, the Department of Transportation shall inform the
eligible offender of the option to apply for an occupational
limited license or a probationary license. If the eligible
offender decides to apply, the department, in cooperation
with the Department of Transportation, shall assist the
offender in applying for the occupational limited license or
a probationary license, including assisting the eligible
offender in filling out and sending a probationary license
petition or an occupational limited license petition, paying
all appropriate petition fees, updating the eligible offender
on the Department of Transportation's response to the
petition and delivering an occupational limited license
camera card to a qualifying offender.
(11) If an eligible offender is being released prior to
the eligible offender's 18th birthday and the offender meets
eligibility requirements under the act of October 24, 2012
(P.L.1209, No.151), known as the Child Labor Act, the
Department of Labor and Industry, in cooperation with the
Department of Human Services, shall issue a work permit to an
eligible offender under 18 years of age once all requirements
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of a work permit have been met.
§ 49A06. Responsibilities of paying costs.
The department shall pay all costs of obtaining articles,
certificates, applications and driver's licenses in the form of
camera cards and photo identification cards for eligible
offenders. The Department of Human Services shall pay all costs
of obtaining work permits for eligible offenders.
§ 49A07. Rules and regulations.
The department, the Department of Human Services and the
Department of Transportation may promulgate rules and
regulations necessary to implement this chapter.
Section 2. This act shall take effect in 60 days.
SECTION 1. TITLE 61 OF THE PENNSYLVANIA CONSOLIDATED
STATUTES IS AMENDED BY ADDING A CHAPTER TO READ:
CHAPTER 49A
IDENTIFICATION UPON REENTRY
SEC.
49A01. SCOPE OF CHAPTER.
49A02. DEFINITIONS.
49A03. ESTABLISHMENT.
49A04. ADMINISTRATION.
49A05. GUIDELINES.
49A06. RESPONSIBILITIES OF PAYING COSTS.
49A07. RULES AND REGULATIONS.
§ 49A01. SCOPE OF CHAPTER.
THIS CHAPTER RELATES TO THE IDENTIFICATION UPON REENTRY
PROGRAM.
§ 49A02. DEFINITIONS.
THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS CHAPTER
SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
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CONTEXT CLEARLY INDICATES OTHERWISE:
"ASSIST." PRINTING NECESSARY FORMS, ENSURING THAT AN
ELIGIBLE OFFENDER HAS FILLED FORMS OUT CORRECTLY WITH SUFFICIENT
INFORMATION, FACILITATING COMMUNICATION BETWEEN AN ELIGIBLE
OFFENDER AND STATE AGENCIES AND KEEPING AN ELIGIBLE OFFENDER
UPDATED ON THE DEVELOPMENTS OF THEIR CASE.
"COSTS." APPLICATION FEES AND TRANSLATION SERVICES AND OTHER
GOODS OR SERVICES THAT REQUIRE A PAYMENT FROM AN ELIGIBLE
OFFENDER.
"ELIGIBLE OFFENDER." AN INCARCERATED INDIVIDUAL WHO I S TO BE
RELEASED FROM A STATE CORRECTIONAL INSTITUTION AND HAS DECIDED
TO PARTICIPATE IN THE PROGRAM.
"PROGRAM." THE IDENTIFICATION UPON REENTRY PROGRAM
ESTABLISHED UNDER SECTION 49A03 (RELATING TO ESTABLISHMENT).
§ 49A03. ESTABLISHMENT.
THE DEPARTMENT, IN COLLABORATION WITH THE DEPARTMENT OF
HEALTH AND THE DEPARTMENT OF TRANSPORTATION, SHALL ESTABLISH THE
IDENTIFICATION UPON REENTRY PROGRAM TO PROVIDE ELIGIBLE
OFFENDERS WITH BIRTH CERTIFICATES, SOCIAL SECURITY CARDS, PHOTO
IDENTIFICATION CARDS AND DRIVER'S LICENSES UPON RELEASE FROM A
STATE CORRECTIONAL INSTITUTION.
§ 49A04. ADMINISTRATION.
THE PROGRAM SHALL BE ADMINISTERED AS FOLLOWS:
(1) THE DEPARTMENT, THE DEPARTMENT OF HEALTH AND THE
DEPARTMENT OF TRANSPORTATION SHALL ESTABLISH POLICIES
NECESSARY TO CARRY OUT THE PROGRAM, INCLUDING PROGRAM
REQUIREMENTS AND IMPLEMENTATION.
(2) THE DEPARTMENT, THE DEPARTMENT OF HEALTH AND THE
DEPARTMENT OF TRANSPORTATION MAY SEEK FEDERAL OR STATE
FUNDING TO SUPPORT THE PROGRAM.
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(3) THE DEPARTMENT, THE DEPARTMENT OF HEALTH AND THE
DEPARTMENT OF TRANSPORTATION SHALL DEVELOP MONITORING AND
ACCOUNTABILITY SYSTEMS TO CONFIRM THAT THE PROGRAM IS BEING
EFFICIENTLY CARRIED OUT. THE MONITORING AND ACCOUNTABILITY
SYSTEMS SHALL INCLUDE THE SUBMISSION OF AN ANNUAL REPORT TO
THE LAW AND JUSTICE COMMITTEE OF THE SENATE AND THE JUDICIARY
COMMITTEE OF THE HOUSE OF REPRESENTATIVES. THE ANNUAL REPORT
SHALL INCLUDE THE NUMBER AND PERCENTAGE OF OFFENDERS RELEASED
WITH BIRTH CERTIFICATES, PHOTO IDENTIFICATION CARDS AND
DRIVER'S LICENSES AND THE NUMBER AND PERCENTAGE OF OFFENDERS
RELEASED WITHOUT SUCH DOCUMENTS AND THE REASONS WHY.
§ 49A05. GUIDELINES.
THE FOLLOWING GUIDELINES SHALL APPLY:
(1) PRIOR TO THE RELEASE OF AN ELIGIBLE OFFENDER, THE
DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF
TRANSPORTATION, SHALL ASSIST AN ELIGIBLE OFFENDER IN
OBTAINING THE FOLLOWING:
(I) A PHOTO IDENTIFICATION CARD; OR
(II) A DRIVER'S LICENSE.
(2) ONCE AN ELIGIBLE OFFENDER IS MADE AWARE OF THE
ELIGIBLE OFFENDER'S ABILITY TO PARTICIPATE AND AVAILABLE
OPTIONS UNDER THE PROGRAM, THE ELIGIBLE OFFENDER MAY OPT OUT
OF PARTICIPATION IN THE PROGRAM.
(3) THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT
OF HEALTH AND THE SOCIAL SECURITY ADMINISTRATION , SHALL
ASSIST AN ELIGIBLE OFFENDER IN OBTAINING THE NECESSARY
DOCUMENTS, INCLUDING A SOCIAL SECURITY CARD AND BIRTH
CERTIFICATE, NEEDED TO APPLY FOR A DRIVER'S LICENSE OR PHOTO
IDENTIFICATION CARD.
(4) IF AN ELIGIBLE OFFENDER WAS BORN IN ANOTHER STATE OR
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BECAME A UNITED STATES CITIZEN OR A NATURALIZED CITIZEN, THE
DEPARTMENT SHALL ASSIST THE ELIGIBLE OFFENDER IN OBTAINING
THE NECESSARY DOCUMENTS FROM THE APPROPRIATE AGENCIES TO
APPLY FOR A PHOTO IDENTIFICATION CARD OR DRIVER'S LICENSE.
(5) UPON APPLICATION, THE DEPARTMENT OF TRANSPORTATION,
IN COOPERATION WITH THE DEPARTMENT, SHALL ISSUE A RENEWED OR
REPLACEMENT DRIVER'S LICENSE TO AN ELIGIBLE OFFENDER DEEMED
ELIGIBLE TO DRIVE. IF AN ELIGIBLE OFFENDER'S DRIVER'S LICENSE
IS EXPIRED OR THE ELIGIBLE OFFENDER IS IN NEED OF A
REPLACEMENT DRIVER'S LICENSE, THE DEPARTMENT, IN COOPERATION
WITH THE DEPARTMENT OF TRANSPORTATION, SHALL ASSIST THE
ELIGIBLE OFFENDER WITH RENEWING THE ELIGIBLE OFFENDER'S
DRIVER'S LICENSE OR REQUESTING A REPLACEMENT.
(6) UPON APPLICATION, THE DEPARTMENT OF TRANSPORTATION,
IN COOPERATION WITH THE DEPARTMENT SHALL ISSUE A NEW, RENEWED
OR REPLACEMENT PHOTO IDENTIFICATION CARD TO AN ELIGIBLE
OFFENDER.
(7) IF AN ELIGIBLE OFFENDER'S DRIVING PRIVILEGE IS UNDER
A TERM OR INDEFINITE SUSPENSION BY THE DEPARTMENT OF
TRANSPORTATION, THE DEPARTMENT, IN COOPERATION WITH THE
DEPARTMENT OF TRANSPORTATION, SHALL PROVIDE THE OFFENDER WITH
A RESTORATION REQUIREMENTS LETTER AND THE DEPARTMENT SHALL
ASSIST THE ELIGIBLE OFFENDER IN APPLYING FOR A PHOTO
IDENTIFICATION CARD.
(8) IF AN ELIGIBLE OFFENDER'S DRIVER'S LICENSE IS
EXPIRED OR THE ELIGIBLE OFFENDER IS IN NEED OF A REPLACEMENT
DRIVER'S LICENSE, THE DEPARTMENT, IN COOPERATION WITH THE
DEPARTMENT OF TRANSPORTATION, SHALL ASSIST THE ELIGIBLE
OFFENDER WITH RENEWING THE ELIGIBLE OFFENDER'S DRIVER'S
LICENSE OR REQUESTING A REPLACEMENT.
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(9) IF AN ELIGIBLE OFFENDER'S DRIVING PRIVILEGE CANNOT
BE REINSTATED PRIOR TO RELEASE, THE DEPARTMENT, IN
COOPERATION WITH THE DEPARTMENT OF TRANSPORTATION, SHALL
INFORM THE ELIGIBLE OFFENDER OF THE OPTION TO APPLY FOR AN
OCCUPATIONAL LIMITED LICENSE OR A PROBATIONARY LICENSE AND
PROVIDE INFORMATION RELATING TO OCCUPATIONAL LIMITED LICENSES
AND PROBATIONARY LICENSES.
§ 49A06. RESPONSIBILITIES OF PAYING COSTS.
AN ELIGIBLE OFFENDER SHALL NOT BE RESPONSIBLE FOR ANY COSTS
ASSOCIATED WITH THE PROVISIONS OF THIS CHAPTER.
§ 49A07. RULES AND REGULATIONS.
THE DEPARTMENT, THE DEPARTMENT OF HEALTH AND THE DEPARTMENT
OF TRANSPORTATION MAY PROMULGATE RULES AND REGULATIONS NECESSARY
TO IMPLEMENT THIS CHAPTER.
SECTION 2. THIS ACT SHALL TAKE EFFECT IN 60 DAYS.
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