BILL ANALYSIS Ó
SENATE HUMAN
SERVICES COMMITTEE
Senator Carol Liu, Chair
BILL NO: AB 828
A
AUTHOR: Swanson
B
VERSION: As introduced
HEARING DATE: June 14, 2011
8
FISCAL: Appropriations
2
8
CONSULTANT:
Park
SUBJECT
Food stamps: eligibility: drug felonies
SUMMARY
Removes restrictions on the ability of convicted drug
felons to receive CalFresh benefits, based on the type of
conviction, and whether they have participated, completed,
enrolled, or been placed in a government-recognized drug
treatment program, and makes them eligible for CalFresh
benefits, provided that they otherwise meet the program's
eligibility criteria.
ABSTRACT
Existing federal and state 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
Continued---
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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.
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.
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 specified drug felons
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, in order to
qualify for CalFresh.
FISCAL IMPACT
According to the Assembly Appropriations Committee, this
bill would engender minor absorbable workload to county
welfare departments to process additional CalFresh
applications, or adjust existing family CalFresh benefits,
and would generate up to $1 million in federally funded
CalFresh benefits statewide. The committee's analysis also
notes unknown General Fund and local tax revenues to the
extent that new CalFresh recipients spend funds on taxable
goods, and unknown savings, to the extent federal food
assistance reduces the need for other kinds of public
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benefits.
BACKGROUND AND DISCUSSION
Author's statement
The author states that California's recidivism rate is 70
percent, largely due to the lack of resources ex-offenders
can access when they return to their communities. The
author believes that this bill will begin to address the
most basic of needs-nutrition, as a means for former
offenders to successfully reintegrate into their
communities and help support their families. The author
contends that this bill will help stimulate the communities
that former drug felons return to, pointing to a Moody's
Economy's analysis of fiscal stimulus programs, which
states that for every $1.00 spent on SNAP benefits, $1.74
is injected back into the economy.
The author also contends that the lifetime ban negatively
affects children; and, while the children of the formerly
incarcerated can still qualify for benefits, a family's
funds go toward caring for the entire family, not just the
individuals who qualify for federal assistance.
CalFresh/SNAP
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 percent
of the cost of the food assistance benefit and the federal,
state, and county governments share in the administration
costs. In California, the program, known as CalFresh, is
administered locally by county welfare departments.
Currently, more than 3 million low-income Californians
receive food assistance benefits. The average SNAP benefit
for a family of three is about $341 per household.
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).
Several groups, including drug treatment providers,
advocates for the poor, and law enforcement organizations,
have criticized the drug felon rule, because it permanently
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disqualifies otherwise needy persons from receiving food
assistance and may interfere with their current or
continued recovery. Such groups point out that the
lifetime ban on convicted drug felons is compounded over
time and does not take into account an individual's track
record, time served, or rehabilitation efforts. Notably,
SNAP has also gone through significant changes in the time
since the federal ban was imposed, including replacing the
old paper "food stamps" with an EBT card which provides
benefits through a more secure debit card subject to
electronic tracking.
Other states and federal data
Federal law gives states the option to pass legislation to
"opt-out" of the federal exclusion completely, or in part,
without any repercussions. 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.
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 percent of female and 15 percent
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.
Prior legislation
AB 1756 (Swanson) 2010 was identical to this bill. Held in
the Senate Appropriations Committee.
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. Held
in Senate Appropriations Committee.
AB 1996 (Swanson) 2008 proposed a modified ban with drug
treatment provisions. Vetoed by the Governor.
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AB 508 (Swanson) 2007 proposed a complete opt out of the
ban. 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 to demonstrate participation in a
drug addiction treatment program.
PRIOR VOTES
Assembly Floor: 46 -30
Assembly Appropriations:11 - 6
Assembly Human Services: 4 - 2
Arguments in support
Western Center on Law and Poverty, a co-sponsor of this
measure, writes that 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.
Other supporters state that the bill will help reduce
recidivism and hunger in low-income communities, reduce
administrative costs and time, and bring about gains in
economic activity. The California Association of Food
Banks states that, without these benefits, individuals who
have already paid their debt to society are unable to
secure nutritious food for their families. The County of
Alameda states that the current policy undermines the
state's interest in helping to rehabilitate ex-felons and
support their successful reentry to local communities.
Arguments in opposition
The California District Attorneys Association (CDAA)
writes that it is concerned that these benefits will
be used to assist in the sale and procurement of
controlled substances. CDAA states that expanding the
availability of these benefits to persons convicted of
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trafficking and manufacturing offenses increases the
risk that public resources will be used to facilitate
criminal activity.
POSITIONS
Support: Western Center on Law and Poverty (co-sponsor)
Women's Policy Institute (co-sponsor)
Alameda County Community Food Bank
Alameda County, Board of Supervisors
American Civil Liberties Union
Books Not Bars (Ella Baker Center for Human
Rights)
California Association of Food Banks
California Catholic Conference
California Coalition for Women Prisoners
California Commission on the Status of Women
California Hunger Action Coalition
California National Organization for Women
California Pan-Ethnic Health Network
California Partnership
California Public Defenders Association
California Rural Legal Assistance Foundation
City and County of San Francisco
Coalition of California Welfare Rights
Organizations
County Welfare Directors Association of CA
Drug Policy Alliance
East Bay Community Law Center
Friends Committee on Legislation of California
Having Our Say!
Homeless Action Center
Hunger Action Los Angeles
JERICHO
Legal Services for Prisoners with Children
Los Angeles Community Action Network
National Association of Social Workers,
California Chapter
St. Anthony's, San Francisco
St. Mary's Center
Stop the Cuts Coalition of Alameda County
Transitions Clinic
1 individual
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Oppose:California District Attorneys Association
California Narcotic Officers' Association
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