Virginia adopts reforms to provide released prisoners with identification documents

Before a person can get a job, rent an apartment, or open a bank account, they typically need to obtain one or more forms of identification. However, many people are released from prison without a valid form of identification. Virginia’s lawmakers and governor approved House Bill 2221 (HB 2221) in April to help released inmates obtain identification documents and successfully reenter society. The new law will go into effect on July 1, 2026. 

The process of acquiring a state-issued photo ID is often complicated by red tape, requiring documents such as a birth certificate or Social Security card, which can be difficult—if not impossible—to obtain without an ID in the first place. As a practical matter, Departments of Corrections (DOC) are well-positioned to verify the identity of inmates in their custody. Therefore, many states, including Virginia, have laws that direct the DOC to help inmates obtain a photo ID card before their release from prison. 

Before HB 2221’s passage, Virginia law directed the DOC to provide inmates with assistance in applying for and obtaining government-issued identification cards, birth certificates, and Social Security cards prior to their release or discharge from prison. According to a 2022 report, the department has a procedure for obtaining necessary documentation and coordinating with the Virginia Department of Motor Vehicles (DMV) to obtain photo identification, but this process was not codified into statute.   

As Virginia Delegate Rae Cousins (D-79), the sponsor of HB 2221, told the Virginia House Public Safety Committee in January: 

One of the first steps to successful reentry from incarceration is having an ID or driver’s license. From housing to employment, healthcare to mental health support—everything someone needs for a healthy, successful life requires an ID. … [Department of Corrections] data shows that over the month of September last year, 410 inmates were released from Virginia’s prisons and only 178 of them—less than half—were released with a state ID. 

If the department did not already possess or could not “readily obtain” all the necessary records and information, inmates would be provided with a DOC offender identification form. An offender identification form provided by the DOC can be used as proof of Virginia residency to obtain a photo ID from the DMV after release, provided the form contains all the necessary information and that information can be verified. However, state law was silent regarding the content of the offender identification form and provided no direction to the DOC or DMV on how to verify the information on the form.   

HB 2221 more directly requires the DOC to work with the DMV, the State Registrar of Vital Records, and any other relevant agency to provide inmates with a certified copy of their birth certificate, Social Security card, or a government-issued identification card before release. If providing a DMV-issued photo ID is not possible, inmates will still be provided with a DOC-issued offender identification form. The new law specifies what information should be included on the offender identification form and requires the DOC and DMV to establish a procedure for verifying the information so that the form can serve as proof of identity as required to obtain a government-issued identification card for 120 days immediately after release from prison. In short, the new language provides much clearer direction to the DOC and provides a statutory basis for the coordination between the DOC and DMV required for the Offender Identification form to function as intended.  

HB 2221 also directs the DOC, the State Board of Local and Regional Jails, the DMV, and the State Registrar of Vital Records to: 

1. Identify the number of prisoners released with and without identification cards; 

2. Review the processes involved in assisting a prisoner in applying for and obtaining a government-issued identification card, birth certificate, or social security card; 

3. Identify any obstacles that may interfere with a prisoner obtaining such identification or documents prior to such prisoner’s release or discharge; and 

4. Issue a report of findings and recommendations to the General Assembly no later than Nov. 1, 2025. 

Reason Foundation weighed in on the legislative discussion of HB 2221 through educational outreach and technical assistance to state lawmakers and legislative staff. Our team of criminal justice experts offers similar outreach and support to policymakers nationwide.  

Access to identification is an important step for anyone returning to the community after incarceration. By codifying clearer responsibilities among state agencies, HB 2221 represents a meaningful step toward reducing administrative barriers to reentry. These reforms support individual rehabilitation while simultaneously promoting public safety and strengthening the workforce by equipping people with the tools they need to rebuild their lives. Other states seeking to improve reentry outcomes can look to Virginia as a model for reform. 

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