HB 728 — An Act amending Title 61 (Prisons and Parole) of the Pennsylvania Consolidated Statutes, establishing the Identification Upon Reentry Program.

PRINTER'S NO.   753

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                         HOUSE BILL
                         No. 728
                                                Session of
                                                  2025

     INTRODUCED BY KINKEAD, HILL-EVANS, OTTEN, GUENST, KENYATTA,
        WAXMAN, McNEILL, RABB, MAYES, SANCHEZ, HOHENSTEIN, DEASY,
        BOYD, PARKER, RIVERA, D. WILLIAMS, WARREN, MADDEN, PIELLI,
        CEPEDA-FREYTIZ, KRAJEWSKI, GIRAL, SAPPEY, ABNEY, BOROWSKI,
        D. MILLER AND KHAN, FEBRUARY 25, 2025

     REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 25, 2025


                                    AN ACT
 1   Amending Title 61 (Prisons and Parole) of the Pennsylvania
 2      Consolidated Statutes, establishing the Identification Upon
 3      Reentry Program.
 4      The General Assembly of the Commonwealth of Pennsylvania
 5   hereby enacts as follows:
 6      Section 1.    Title 61 of the Pennsylvania Consolidated
 7   Statutes is amended by adding a chapter to read:
 8                                CHAPTER 49A
 9                        IDENTIFICATION UPON REENTRY
10   Sec.
11   49A01.   Scope of chapter.
12   49A02.   Definitions.
13   49A03.   Establishment.
14   49A04.   Administration.
15   49A05.   Guidelines.
16   49A06.   Responsibilities of paying costs.
17   49A07.   Rules and regulations.
 1   § 49A01.    Scope of chapter.
 2      This chapter relates to the Identification Upon Reentry
 3   Program.
 4   § 49A02.    Definitions.
 5      The following words and phrases when used in this chapter
 6   shall have the meanings given to them in this section unless the
 7   context clearly indicates otherwise:
 8      "Assist."    Printing necessary forms, ensuring that an
 9   eligible offender has filled forms out correctly with sufficient
10   information, facilitating communication between an eligible
11   offender and State agencies and keeping an eligible offender
12   updated on the developments of their case.
13      "Costs."    Application fees and translation services and other
14   goods or services that require a payment from an eligible
15   offender.
16      "Eligible offender."       An incarcerated individual who is to be
17   released from a State correctional institution and has decided
18   to participate in the program.
19      "Program."    The Identification Upon Reentry Program
20   established under section 49A03 (relating to establishment).
21   § 49A03.    Establishment.
22      The department, in collaboration with the Department of
23   Health and the Department of Transportation, shall establish the
24   Identification Upon Reentry Program to provide eligible
25   offenders with birth certificates, Social Security cards, photo
26   identification cards and driver's licenses upon release from a
27   State correctional institution.
28   § 49A04.    Administration.
29      The program shall be administered as follows:
30          (1)     The department, the Department of Health and the

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 1      Department of Transportation shall establish policies
 2      necessary to carry out the program, including program
 3      requirements and implementation.
 4          (2)   The department, the Department of Health and the
 5      Department of Transportation may seek Federal or State
 6      funding to support the program.
 7          (3)   The department, the Department of Health and the
 8      Department of Transportation shall develop monitoring and
 9      accountability systems to confirm that the program is being
10      efficiently carried out. The monitoring and accountability
11      systems shall include the submission of an annual report to
12      the Law and Justice Committee of the Senate and the Judiciary
13      Committee of the House of Representatives. The annual report
14      shall include the number and percentage of offenders released
15      with birth certificates, photo identification cards and
16      driver's licenses and the number and percentage of offenders
17      released without such documents and the reasons why.
18   § 49A05.   Guidelines.
19      The following shall apply:
20          (1)   Prior to the release of an eligible offender, the
21      department, in consultation with the Department of
22      Transportation, shall assist an eligible offender in
23      obtaining the following:
24                (i)    a photo identification card; or
25                (ii)    a driver's license.
26          (2)   Once an eligible offender is made aware of the
27      eligible offender's ability to participate and available
28      options under the program, the eligible offender may opt out
29      of participation in the program.
30          (3)   The department, in consultation with the Department

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 1    of Health and the Social Security Administration, shall
 2    assist an eligible offender in obtaining the necessary
 3    documents, including a Social Security card and birth
 4    certificate, needed to apply for a driver's license or photo
 5    identification card.
 6        (4)   If an eligible offender was born in another state or
 7    became a United States citizen or a naturalized citizen, the
 8    department shall assist the eligible offender in obtaining
 9    the necessary documents from the appropriate agencies to
10    apply for a photo identification card or driver's license.
11        (5)   Upon application, the Department of Transportation,
12    in cooperation with the department, shall issue a renewed or
13    replacement driver's license to an eligible offender deemed
14    eligible to drive. If an eligible offender's driver's license
15    is expired or the eligible offender is in need of a
16    replacement driver's license, the department, in cooperation
17    with the Department of Transportation, shall assist the
18    eligible offender with renewing the eligible offender's
19    driver's license or requesting a replacement.
20        (6)   Upon application, the Department of Transportation,
21    in cooperation with the department, shall issue a new,
22    renewed or replacement photo identification card to an
23    eligible offender.
24        (7)   If an eligible offender's driving privilege is under
25    a term or indefinite suspension by the Department of
26    Transportation, the department, in cooperation with the
27    Department of Transportation, shall provide the offender with
28    a restoration requirements letter and the department shall
29    assist the eligible offender in applying for a photo
30    identification card.

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 1          (8)   If an eligible offender's driver's license is
 2      expired or the eligible offender is in need of a replacement
 3      driver's license, the department, in cooperation with the
 4      Department of Transportation, shall assist the eligible
 5      offender with renewing the eligible offender's driver's
 6      license or requesting a replacement.
 7          (9)   If an eligible offender's driving privilege cannot
 8      be reinstated prior to release, the department, in
 9      cooperation with the Department of Transportation, shall
10      inform the eligible offender of the option to apply for an
11      occupational limited license or a probationary license and
12      provide information relating to occupational limited licenses
13      and probationary licenses.
14   § 49A06.   Responsibilities of paying costs.
15      An eligible offender shall not be responsible for any costs
16   associated with the provisions of this chapter.
17   § 49A07.   Rules and regulations.
18      The department, the Department of Health and the Department
19   of Transportation may promulgate rules and regulations necessary
20   to implement this chapter.
21      Section 2.   This act shall take effect in 60 days.




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