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.
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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.
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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
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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