BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 828
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          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.









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          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
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           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
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           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
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          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