BILL ANALYSIS Ó AB 828 Page 1 Date of Hearing: April 5, 2011 ASSEMBLY COMMITTEE ON HUMAN SERVICES Jim Beall Jr., Chair AB 828 (Swanson) - As Introduced: February 17, 2011 SUBJECT : Food stamps: eligibility: drug felonies SUMMARY : Permits otherwise eligible convicted drug felons to receive CalFresh food assistance benefits, formerly known as Food Stamps, and removes the restrictions currently in place on certain convicted drug felons eligible to receive CalFresh food assistance benefits when specified conditions are met. Specifically, this bill : 1)Requires California to opt out of the federal lifetime ban on convicted drug felons for CalFresh eligibility. 2)Removes the requirement that otherwise eligible drug felons currently exempted from the ban demonstrate participation in, enrollment in, or placement on a waiting list for a government-recognized drug treatment program, or provide other evidence that illegal use of controlled substances has ceased to qualify for CalFresh. EXISTING LAW: 1)Provides for the federal Supplemental Nutrition Assistance Program (SNAP), formerly the Food Stamp Program, also known in California as the CalFresh Program, under which food assistance benefits are allocated to the state by the federal government are distributed to eligible individuals by each county. 2)Prohibits, under federal law, applicants for SNAP or benefits funded by Temporary Assistance for Needy Families (TANF) funds from qualifying if they have been convicted of a felony crime involving controlled substances, but allows states to opt out of the disqualification in whole or part. 3)Opts into the federal prohibition on SNAP eligibility for persons convicted of drug trafficking, as defined, or who have been convicted of soliciting, inducing, encouraging or intimidating a minor to participate in any such crimes. AB 828 Page 2 4)Opts out of the federal prohibition on CalFresh eligibility for individuals convicted of a use or possession-related drug felony, as defined, who can prove completion, participation in, enrollment in, or placement on a waiting list for a government-recognized drug treatment program, or provide other evidence that illegal use of controlled substances has ceased. FISCAL EFFECT : Unknown COMMENTS : CalFresh Program: The Supplemental Nutrition Assistance Program, formerly known as the Food Stamp Program, provides food assistance benefits to individuals who meet income and eligibility requirements. The federal government picks up 100% of the cost of the food assistance benefit and the federal, state, and county governments share in the administration costs. In California, the program is administered locally by county welfare departments. Currently, over 3 million low-income Californians receive food assistance benefits. The average SNAP benefit for a family of three is about $341 per household. Lifetime Ban Background: The lifetime ban on food assistance for persons with felony drug convictions was included as a provision in the 1996 federal welfare reform bill (Section 115 of the Personal Responsibility and Work Opportunity Reconciliation Act). The premise of this provision was that individuals should be prevented from using public benefits to support substance abuse. However, in recent years, the CalFresh program moved to an electronic benefit transfer (EBT) system that virtually eliminates the opportunity for recipients to convert food assistance into drugs. Additionally, the federal law gave states the option to pass legislation to "opt-out" of the federal exclusion completely, or in part, without any repercussions. Actions by other states: As of 2010, approximately 40 states passed laws to limit the ban. Of those, 15 states including New York, Kansas, Ohio and Washington have completely lifted the ban. While California initially declined the federal exemption during its welfare-to-work reform in 1997, in 2004, the Legislature passed AB 1796 (Leno), which provided a partial exemption for drug felons convicted of possession and use-related offenses. AB 828 Page 3 Who is affected by this bill ? According to a 2005 report by the federal General Accounting Office (GAO), proportionally more female drug felons than males are affected by the ban. The GAO calculates that about 27% of female and 15% of all drug offenders released from prison in 2001 in states that had not modified the ban would have met the eligibility requirements and therefore, be affected by the ban. Need for this bill : This bill is identical to AB 1756 (Swanson) of 2010 and would opt California out of a "lifetime ban" applied to otherwise eligible convicted drug felons for SNAP benefits. The drug felon rule has been the subject of much criticism by drug treatment providers, advocates for the poor, and law enforcement organizations because it permanently disqualifies otherwise needy persons from receiving food assistance and may interfere with their current or continued recovery. The significance of the lifetime ban on convicted drug felons is compounded over time and regardless of an individual's track record, time served, or rehabilitation efforts. SNAP has also gone through significant changes in the time since the federal ban was imposed, most notably, replacing the old paper "food stamps" with an EBT card which provides benefits through a more secure debit card subject to electronic tracking. According to the author, "If a person's most critical needs are not met when they reenter society after being in prison, they won't be able to successfully return to their communities. In fact, without basic support, many of them will be inclined to return to criminal activity and drug use instead of attaining sobriety and gainful employment." Support: In support of this bill, the Sponsor, Western Center on Law and Poverty writes: This ban unfairly punishes parents and individuals who have served their time, are looking to start over and need food assistance. Denying food benefits to parents with prior drug felony convictions hinders their ability to provide and care for their children. Many states have restored partial or full benefits to this vulnerable population. Access to nutritious food through the CalFresh Program prevents recidivism, supports lifelong sobriety and supports parents in rebuilding their relationships with their children. AB 828 Page 4 Opposition: The California District Attorneys Association (CDAA) writes in opposition to this bill: We are concerned that these benefits will be used to assist in the sale and procurement of controlled substances. Expanding the availability of these benefits to persons convicted of trafficking and manufacturing offenses increases the risk that public resources will be used to facilitate criminal activity. In response to the opposition by the CDAA, the author notes that convicted felons are the only group of convicted ex-felons currently denied CalFresh assistance based on their criminal history, and that other groups of ex-felons are still granted access based on their need and eligibility after time served. Prior and Related Legislation AB 1756 (Swanson) 2010 was identical to this bill and was held on the Senate Appropriations Suspense file. AB 1198 (Swanson) 2009 included a modified ban which allowed convicted drug felons to apply for food stamps provided they comply with drug treatment provisions. AB 1198 was held on Senate Appropriations Suspense file. AB 1996 (Swanson) 2008 proposed a modified ban with drug treatment provisions and was vetoed by the Governor. AB 508 (Swanson) 2007 proposed a complete opt out of the ban and was vetoed by the Governor. AB 1796 (Leno) Chapter 932, Statutes of 2004 established a partial exemption to the federal ban for individuals convicted of drug use or possession related felonies and required the individual demonstrate participation in a drug addiction treatment program. REGISTERED SUPPORT / OPPOSITION : Support Alameda County community Food Bank AB 828 Page 5 American Civil Liberties Union Asian/Pacific Islander Youth Promoting Advocacy Books Not Bars (Ella Baker Center for Human Rights) California Association of Food Banks California Catholic Conference California Coalition for Women Prisoners (CCWP) California Commission on The Status of Women California Hunger Action Coalition (CHAC) Catholic Charities of California United Community Resources for Independent Living (CRIL) County Welfare Directors Association of CA (CWDA) Drug Policy Alliance Eden I & R, Inc. Friends Committee on Legislation of California (FCLCA) Homeless Action Center Homeless Health Care Los Angeles (HHCLA) Hunger Action Los Angeles JERICHO Local Services for Prisoners with Children (LSPC) Los Angeles Community Action Network (LA CAN) St. Anthony's, San Francisco St. Mary's Center Supportive Parents Information Network The Center for Young Women's Development The W. Haywood Burns Institute Time for Change Foundation Western Center on Law and Poverty 22 Individuals Opposition California District Attorneys Association (CDAA) Analysis Prepared by : Michelle Cabrera / HUM. S. / (916) 319-2089