Report Finds State Prison Systems Fail to Provide Adequate Assistance to Obtain Release Documentation
by David M. Reutter
The advent of identification theft and residency questions brought due to heightened scrutiny of citizenship status mandates one possess documents to prove who they are and their eligibility to work legally. A February 2026 report by the Reason Foundation evidences that most state prison systems provide means to obtain a state identification, but many fail to assist prisoners in obtaining birth certificates and social security cards.
Approximately 1.3 million people are held in state and federal prisons. Most will be released and return to society, joining around five million formerly incarcerated individuals. “Upon release, the formerly incarcerated continue to face a wide array of restrictions on their legal rights, civic participation, and employment,” the report states.
The report noted that statistics show that prisoners who obtain stable and gainful employment are least likely to recidivate. Yet, simply providing employment upon release does not reduce the long-term effect on unemployment or recidivism. Programs offered by prisons also reduce recidivism, but social and administrative barriers may reduce their effectiveness. “Identification documents,” the report stated, “are one such barrier.”
Obtaining documents hinges upon a circular requirement. To obtain a state identification or a driver’s license, a birth certificate or social security card is often required to verify one’s identity. Persons who lack possession of a certified birth certificate or social security card must verify their identity with a photo identification or passport. Such circular requirements can be hard to fulfill, especially for those who have served several years or decades in prison.
The report was authored by Vittorio Nastasi, Gary Charles and Maegan Markusky. The authors examined and detailed each of the 50 states’ statutes, administrative rules and policies, and inquired of the state prison systems to determine the programs, if any, that assist prisoners in obtaining identification documents prior to release.
Twenty-eight states either are required by law, administrative policy or have in place a program to assist prisoners in obtaining a photo identification card or driver’s license prior to release. Delaware, Maryland, New Jersey, Vermont and West Virginia provide a temporary identification credential that can be used to obtain permanent identification. States without statues have administrative rules, policies or programs to assist prisoners obtain photo identification. Missouri was the outlier, for it had neither law, rules nor a program that assists prisoners in obtaining identification documents prior to release.
The states that assist prisoners to obtain a permanent identification card or driver’s license used one of three models. Florida, Virginia, Colorado and Kansas partner with the transportation agency to deploy mobile units. The Department of Motor Vehicle (DMV) unit consists of a converted bus or van equipped to issue an identification card or a driver’s license. Colorado and Hawaii have embedded offices operated by DMV within prisons to issue permanent identification. The final model is a prison-operated DMV office embedded within prisons.
Obtaining a birth certificate or social security card prior to release is more difficult in most states. Only 15 states have laws requiring prison officials to assist prisoners in obtaining a birth certificate or social security card. Such a program is operated by 21 state prison systems, but only 14 have published policies.
Prison vocational and work records may also assist prisoners in obtaining a job upon release. Yet, only Arizona, Georgia, Louisiana, Oregon and Tennessee reported providing prisoners such records upon release.
The report detailed each state’s latest recidivism rates, with recidivism defined as, depending upon the state, returning to prison within two or three years of release. The statistics show laws or policies requiring identification documents have little impact upon recidivism rates. Missouri lacks any such programs, but it sits middle of the road with a 30% recidivism rate. Arkansas (62%), Connecticut (57%) and Pennsylvania (65%) have the highest recidivism rates but all three have a law or policy providing programs to assist prisoners in obtaining a permanent photo identification, a birth certificate, and a social security card. Eight states that offer programs to obtain those documents have a 25% or lower recidivism rate.
While recidivism rates are not definitively shown to be impacted by prisoners possessing identification documents prior to release, such documentation surely smooths the transition into society for prisoners, especially those who have served a decade or more in prison, making it more likely they will obtain employment and housing as they integrate back into society.
Source: Reason Foundation
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