Legislation would ensure photo ID for released felons is accepted by federal agencies

The Federal Bureau of Prisons (BOP) is rolling out a program to issue a photo ID release card to individuals exiting the prison system, however, no guarantee exists that the ID would be widely accepted.

The IDs may not fulfill the requirements necessary to access federal benefits. New legislation would ensure that all eligible individuals receive a photo identification card and that identification is accepted by various federal agencies.

U.S. Sens. Mark R. Warner of Virginia and Thom Tillis of North Carolina introduced the bipartisan legislation to ensure that eligible individuals leave prison with a valid form of government identification, and that the ID is accepted by various components of the federal government.

For individuals leaving prison, a valid form of ID is crucial, necessary to secure a job, obtain housing and rejoin communities. Yet up to 48% of people leaving federal prison do so without any vital documents, no Social Security card, birth certificate or state ID.

“A valid form of ID is needed to secure housing, apply for jobs and gain access to assistance programs that will ease the transition back into society,” Warner said. “I’m proud to introduce this legislation that will eliminate unnecessary hardships for individuals looking to restart their lives.” 

The BOP ID Act would:

·Require the BOP to issue a photo identification card to all incarcerated individuals, except non-citizens, upon exiting the BOP facility;

·Direct the BOP to create a system where BOP issued cards can be exchanged for state identification card;

·Require federal agencies to accept release cards as proof of identification;

o   Specifically requires that the ID be accepted as a valid form of identification for social safety net programs, like SNAP, TANF, Social Security, Medicare and Medicaid and other programs administered/funded by the Departments of Health and Human Services, Education, Veterans Affairs, and Housing and Urban Development. 

o   Require acceptance of the ID for entry into federal buildings and for probation pretrial, and court services in federal and D.C. courts.

“A valid form of ID is a critical first step for those looking for a fresh start and is necessary to become a productive member of society,” Tillis said. “This legislation requires the Federal Bureau of Prisons to issue a photo identification card to all incarcerated individuals, making the transition back to society easier and paving the way for a better future.”

In the House of Representatives, Reps. David Trone of Maryland, Barry Moore of Alabama, Madeleine Dean of Pennsylvania and Nathaniel Moran of Texas have introduced companion legislation.

“MCCA firmly believes that ensuring formerly incarcerated individuals successfully reenter society is critical to preventing recidivism. This includes ensuring they have access to basic human necessities, like food, shelter, and healthcare, as well as economic opportunities to help support themselves and their families,” Laura Cooper, MCCA Executive Director, said. “A lack of government-issued identification is a well-documented, significant barrier that can prohibit recently released individuals from being able to obtain the assistance that they need. The BOP Release Card ID Act of 2023 will address this issue by requiring BOP to provide each inmate with a photo ID card upon their release that can serve as the proof of identification needed to participate in federal benefit programs. On behalf of the Major Cities Chiefs Association’s membership, I would like to thank Senators Warner and Tillis for this critical legislation.”

The legislation would help eliminate an obstacle individuals face when they return to society after time in prison, according to Ames Grawert, senior counsel in the Justice Program at the Brennan Center for Justice at NYU Law.

“Under the bill, the bureau would provide federal ID cards to people as they leave prison and build a pathway to state identification. This simple step will enable people to access housing, healthcare, and social services — all of which require ID, and all of which are vital in the first months after leaving prison,” Grawert said.