BillCam

THE SENATE

S.B. NO.

1039

TWENTY-NINTH LEGISLATURE, 2017

S.D. 1

STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO PUBLIC SAFETY.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Chapter 353, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§353- Inmate release; important government documents. (a) The department shall work with the federal Social Security Administration to enter into an agreement to establish an effective, secure, and efficient means for staff from both agencies to process applications from inmates for replacement social security cards.

(b) Upon entering into the agreement in subsection (a), the department shall assist each inmate in applying for and obtaining a social security card before the inmate's release from custody if the inmate needs a social security card; provided that for an inmate released to a work furlough, extended furlough, or community placement programs, the department shall initiate the process of obtaining a social security card at least ninety days prior to the inmate being released.

(1) Have a valid social security card, as determined by the department, unless the social security card has been lost, destroyed, or stolen;

(2) Have an active detainer, unless the department determines that cancellation of the detainer is likely or that the incarceration for which the detainer was issued will be less than twelve months in duration; or

(3) Are pre-trial detainees or have been sentenced to less than one year.

(d) The department, in conjunction with the department of health, the department of transportation, and the examiner of drivers of each respective county, shall provide, free of charge by waiving all fees, for eligible inmates who are Hawaii-born, a certified copy of the inmate's birth certificate and a civil identification card before the inmate's release upon expiration of the inmate's sentence. A replacement driver's license or replacement civil identification card shall be provided in lieu of a civil identification card if an inmate has a valid driver's license or civil identification card issued in the State that was lost, destroyed, or stolen. If the replacement civil identification card or replacement driver's license issued is within six months of expiration, the examiner of drivers of the respective county of issue may also issue a temporary permit, valid for at least six months after the inmate's release date, to assist the inmate in the inmate's transition. For an inmate released to work furlough, extended furlough, or community placement programs, the department shall initiate the process of obtaining a birth certificate, driver's license, or civil identification card as described in this section at least ninety days prior to the inmate being released.

(e) Subsection (d) shall not apply to inmates who:

(1) Have an active detainer, unless the department determines that cancellation of the detainer is likely or that the incarceration for which the detainer was issued will be less than twelve months in duration; or

(2) Are pre-trial detainees or have been sentenced to less than one year.

(f) The department, for purposes of assisting the inmate in obtaining a birth certificate, shall submit to the department of health the following information for all Hawaii-born inmates in the custody of the department:

(1) Photo or digitized photo;

(2) Date of birth;

(3) Full name at birth and any subsequent legal name changes;

(4) City and island of birth;

(5) Mother's full name, including maiden name; and

(6) Father's full name.

(g) For inmates born outside of the State, the department shall assist the inmate in completing the necessary forms or applications to obtain a birth certificate and driver's license or civil identification card. The department shall also provide the inmate with the location and address of the appropriate licensing authority from which the inmate may obtain a valid identification card in proximity to the inmates release address.

(h) The department, as part of its annual report to the legislature pursuant to section 353C-2, shall:

(1) Report on the number of inmates released with and without social security cards, identification cards or driver's licenses, and birth certificates;

(2) Identify any impediments in the implementation of this section; and

(3) Provide recommendations to improve the process of obtaining the documents identified in this section for all inmates."

SECTION 2. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2017-2018 for the purposes of this Act.

The sum appropriated shall be expended by the department of public safety for the purposes of this Act.

SECTION 3. New statutory material is underscored.

SECTION 4. This Act shall take effect on July 1, 2017.

Report Title:

Public Safety; Inmates; Social Security Card; Birth Certificate; Identification Card

Description:

Requires PSD to work with the Social Security Administration to enter into an agreement to obtain replacement social security cards for inmates. Requires PSD, in conjunction with DOH, DOT, and the examiner of drivers of each county, to provide Hawaii-born inmates with copies of birth certificates and driver's licenses or civil ID cards free of charge. Requires PSD to assist inmates born outside of Hawaii to obtain birth certificates and photo IDs. Requires PSD to initiate the process of obtaining social security cards, birth certificates, driver's licenses, and civil ID cards at least ninety days prior to release for inmates released to work furlough, extended furlough, or community placement programs. (SD1)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.