Restoring Access Through Identification Act would make ID cards free for prisoners exiting to the real world
Tags: Prison Reform

Rep. Mark Takano (D-CA41)

Who should pay for prisoners receiving official identification prior to release?

Context

600,000 people are released from prison each year, including 41,000 released from federal prison.

One major issue facing these ex-prisoners is a possible lack of official state-issued identification upon release, either because it was lost or expired during incarceration, or in some cases because they didn’t have such identification even pre-incarceration.

Success in the period shortly after release is the most critical period for preventing an ex-prisoner’s recidivism or getting jailed again. But both employment and housing are nearly impossible to obtain without some form of official ID.

The U.S. Bureau of Prisons (BOP) — which runs the federal penitentiary system — is required to help federal prisoners obtain official identification prior to reentry, but at the prisoner’s cost.

What the bill does

The Restoring Access Through Identification Act would require the U.S. Bureau of Prisons to cover all expenses associated with a prisoner obtaining an official state-issued ID.

The BOP would also be required to produce a public annual report, including how many federal prisoners are released each year without an official ID and why not.

It was introduced in the House on October 22 as bill number H.R. 4797, by Rep. Mark Takano (D-CA41).

What supporters say

Supporters argue that the legislation assists those who have completed their sentences and are ready to have positive influences on society — if only they have all the tools to do so.

“We must give people leaving prison the tools they need for a successful re-entry into the community and obtaining a state-issued ID is an essential first-step,” Rep. Takano said in a press release. “Without an ID, it can be nearly impossible to secure housing, apply for a job, cash a check, or access public benefits to help make ends meet.”

“That’s why the solutions proposed in this legislation matter,” Rep. Takano continued. “Commitment to reducing recidivism requires removing barriers to re-entry and giving people a fair shot at rebuilding their lives.”

What opponents say

While not quite “opposed,” per se, the Bureau of Prisons has not implemented such a program on their own — despite President Obama’s Attorney General calling for such a change in 2016 — due to logistical difficulties.

“Yes, [making sure all federal inmates have passports before release] was considered during the early planning stages of this project,” Bureau of Prisons spokesperson Justin Long told The Atlantic. “It was determined that current requirements to obtain a passport would inhibit wide-scale application for BOP’s population.”

What about the Bureau of Prisons helping give prisoners state ID’s instead? “Some states have expressed concern with maintaining or gaining compliance with the Real ID Act from the Department of Homeland Security,” Long told The Atlantic.

Odds of passage

The bill has attracted two House cosponsors, both Democrats. It awaits a potential vote in the House Judiciary Committee.

Even if it passes the Democratic-controlled House, odds of passage are low in the Republican-controlled Senate.

In fact, President Trump reportedly laments signing the 2018’s First Step Act, which made some aspects of prisoner reentry easier. Trump never brings the legislation up as a bragging point at rallies or speeches anymore, viewing it as unpopular with his base.

This article was written by GovTrack Insider staff writer Jesse Rifkin.

Like our analyses? Want more? Support our work!