BILL ANALYSIS Ó
AB 828
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Date of Hearing: May 4, 2011
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Felipe Fuentes, Chair
AB 828 (Swanson) - As Introduced: February 17, 2011
Policy Committee: Human
ServicesVote:4 - 2
Urgency: No State Mandated Local Program:
Yes Reimbursable: Yes
SUMMARY
This bill allows individuals convicted of drug-related felonies
to receive federal CalFresh (food stamps) benefits.
FISCAL EFFECT
1)Up to $1 million in federal CalFresh benefits to the extent
additional individuals receive CalFresh. For every 900
beneficiaries, about $1 million in CalFresh benefits are
received annually. These benefits are 100% federal funds.
2)Minor absorbable workload to local welfare departments to
process additional CalFresh applications or adjust existing
family CalFresh benefits.
3)Unknown GF and local tax revenues to the extent that new
CalFresh recipients spend funds on taxable goods.
4)Unknown savings, to the extent federal food assistance reduces
the need for other kinds of public benefits.
COMMENTS
1)Purpose . The premise of the original federal law that
underlies this bill was that individuals should be prevented
from using public benefits to support substance abuse.
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However, in recent years, the food stamps program been moved
to an electronic benefit transfer (EBT) system that virtually
eliminates the opportunity for recipients to convert food
assistance into drugs.
2)Small Estimated Increase in Caseload . Currently close to 2
million low-income families receive food stamps. According to
previous Department of Social Services' (DSS) assumptions
about the affected caseload, this bill will increase the
number of food stamps recipients by about 840, significantly
less than a one percent increase in caseload, and most of
these newly eligible participants will be part of families
already receiving food assistance.
3)Does the Lifetime Ban Make Sense ? According to a report by the
federal Governmental Accountability Office, banning convicted
drug felons who have completed their sentences and paid their
debt to society from critical public assistance, including
food stamps, runs contrary to state and federal initiatives
intended to reduce recidivism by easing prisoner reentry and
fostering prisoner reintegration into society.
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
needy persons from receiving assistance and interferes with
their recovery. Individuals may be disqualified even if they
are in a treatment program and need a healthy diet to succeed,
if the conviction occurred long before the time they needed
assistance, or if they have no current substance problem.
A report by the Sentencing Project concluded, "The lifetime
welfare ban . . . makes the possibility of returning to their
communities as productive members more difficult than before
their conviction, and in some cases improbable." The
Sentencing Project also noted a disparate impact of the rule
on women of color, since 46% of women convicted of felony drug
offenses are African-American or Latina.
4)Related Legislation.
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a) AB 1756 (Swanson), 2010, was identical to this bill and
was held on the Senate Appropriations Suspense file.
b) AB 1198 (Swanson), 2009, a bill that would have removed
the lifetime food stamp ban for former drug felons who met
certain criteria, was held on the Senate Appropriations
Committee Suspense File.
c) AB 1996 (Swanson), 2008, a substantially similar bill to
AB 1198 was vetoed by the governor. In his veto message he
stated, "Extending food stamp eligibility to drug dealers
or traffickers, upon the condition that they engage in drug
treatment, will not ensure these individuals will stop
selling or trafficking illegal drugs. Therefore, this bill
does not provide a targeted approach to the right
population and does not ensure adequate public safety
protections."
d) AB 508 (Swanson), 2007, would have repealed the lifetime
disqualification from food stamps for persons convicted of
specified felonies involving controlled substances. The
bill was vetoed. In his veto message, the governor noted
that "the current requirement for drug-related felons to
participate in a drug treatment program, or provide
evidence that drug usage has ceased, remains a viable
intervention prior to eligibility in the Food Stamp
Program."
AB 1996 has addressed these concerns by mirroring the
eligibility requirements of AB 1796 (see below) which was
signed by the governor in 2004.
e) AB 1796 (Leno), Chapter 932, Statutes of 2004, enacted a
partial opt-out for food stamps, covering only persons
convicted of use or possession crimes and requiring proof
of treatment or cessation of use. The passage of that bill
provided eligibility for an estimated 57.5% for the
otherwise eligible drug felon caseload. AB 1996 would
extend eligibility to the remaining 42.5 percent.
Analysis Prepared by : Julie Salley-Gray / APPR. / (916)
319-2081
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