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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