BILL ANALYSIS Ó
AB 828
Page 1
ASSEMBLY THIRD READING
AB 828 (Swanson)
As Introduced February 17, 2011
Majority vote
HUMAN SERVICES 4-2 APPROPRIATIONS 11-6
-----------------------------------------------------------------
|Ayes:|Beall, Ammiano, Butler, |Ayes:|Fuentes, Blumenfield, |
| |Swanson | |Bradford, Charles |
| | | |Calderon, Campos, Davis, |
| | | |Hall, Hill, Lara, |
| | | |Mitchell, Solorio |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Jones, Grove |Nays:|Harkey, Donnelly, Gatto, |
| | | |Nielsen, Norby, Wagner |
-----------------------------------------------------------------
SUMMARY : Allows individuals convicted of drug-related felonies
to receive federal CalFresh (food stamps) benefits.
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.
3)Allows states to opt out of the disqualification in whole or
part.
4)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
FISCAL EFFECT : According to the Assembly Appropriations
Committee:
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 General Fund 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 :
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. However, in recent
years, the food stamps program has been moved to an electronic
benefit transfer (EBT) system that virtually eliminates the
opportunity for recipients to convert food assistance into
drugs.
Does the lifetime ban make sense ? According to a report by the
federal Government 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
AB 828
Page 3
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 notes a disparate impact of the rule on women of
color, since 46% of women convicted of felony drug offenses are
African-American or Latina.
Analysis Prepared by : Michelle Cabrera / HUM. S. / (916)
319-2089
FN: 0000553