Senate BillNo. 283


Introduced by Senator Hancock

February 14, 2013


An act to amend Section 18901.3 of, to add Section 18901.35 to, to repeal Section 17012.5 of, and to repeal and add Section 11251.3 of, the Welfare and Institutions Code, relating to social services.

LEGISLATIVE COUNSEL’S DIGEST

SB 283, as introduced, Hancock. CalWORKs and CalFresh eligibility.

Existing law requires each county to provide cash assistance and other social services to needy families through the California Work Opportunity and Responsibility to Kids (CalWORKs) program using federal Temporary Assistance to Needy Families (TANF) block grant program, state, and county funds. Under existing law, an individual is ineligible for aid if the individual has been convicted in state or federal court after December 31, 1997, of any offense classified as a felony and that has as an element the possession, use, or distribution of a controlled substance.

This bill would authorize CalWORKs benefits to be paid to an individual who is convicted in state or federal court after December 31, 1997, of any offense classified as a felony that has as an element the possession, use, or distribution of a controlled substance. If the person is on supervised release, he or she would be ineligible for CalWORKs benefits during any period of revocation of that supervised release.

Existing federal law provides for the federal Supplemental Nutrition Assistance Program (SNAP), known in California as CalFresh, formerly the Food Stamp Program, under which supplemental nutrition assistance benefits allocated to the state by the federal government are distributed to eligible individuals by each county. Under existing law, a person convicted of specified drug offenses, including transporting, selling, furnishing, administering, giving away, possessing for sale, purchasing for purpose of sale, or manufacturing a controlled substance, is ineligible to receive CalFresh benefits. Existing law authorizes the payment of CalFresh benefits to other convicted drug felons who have participated in, or are on the waiting list for, a drug treatment program, or who can show other evidence that the illegal use of controlled substances has ceased.

This bill would authorize CalFresh benefits to be paid to an individual who is convicted in state or federal court after December 31, 1997, of any offense classified as a felony that has as an element the possession, use, or distribution of a controlled substance. If the person is on supervised release, he or she would be ineligible for CalFresh benefits during any period of revocation of that supervised release. The bill would also require the department to request a waiver from the federal government for the preenrollment of otherwise eligible applicants to the CalFresh program within one month of the applicant’s reentry into the community from county jail or state prison, and would require the counties to implement the preenrollment program within 6 months of the waiver being granted. By requiring a new level of service from local government, this bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

Section 11251.3 of the Welfare and Institutions
2Code
, as added by Section 1 of Chapter 283 of the Statutes of
31997, is repealed.

begin delete
4

11251.3.  

(a) An individual shall be ineligible for aid under
5this chapter if the individual has been convicted in state or federal
6court after December 31, 1997, including any plea of guilty or
7nolo contendere, of any offense classified as a felony and that has
8as an element of the possession, use, or distribution of a controlled
P3    1substance, defined in Section 102(6) of the Controlled Substance
2Act (21 U.S.C. Sec. 802(6)).

3(b) For a family receiving aid under this chapter that includes
4an individual who is ineligible pursuant to subdivision (a), a county
5shall issue vouchers or vendor payments for at least rent and
6utilities payments.

end delete
7

SEC. 2.  

Section 11251.3 of the Welfare and Institutions Code,
8as added by Section 1 of Chapter 284 of the Statutes of 1997, is
9repealed.

begin delete
10

11251.3.  

(a) An individual shall be ineligible for aid under
11this chapter if the individual has been convicted in state or federal
12court after December 31, 1997, including any plea of guilty or
13nolo contendere, of a felony that has as an element the possession,
14use, or distribution of a controlled substance, defined in Section
15102(6) of the Controlled Substances Act (21 U.S.C. Sec. 802(6))
16or Division 10 (commencing with Section 11000) of the Health
17and Safety Code.

18(b) For a family receiving aid under this chapter that includes
19an individual who is ineligible pursuant to subdivision (a), a county
20shall issue vouchers or vendor payments for at least rent and
21utilities payments.

end delete
22

SEC. 3.  

Section 11251.3 is added to the Welfare and
23Institutions Code
, to read:

24

11251.3.  

(a) Subject to the limitations of subdivision (b),
25pursuant to Section 115(d)(1)(A) of Public Law 104-193 (21 U.S.C.
26Sec. 862a(d)(1)(A)), California opts out of the provisions of Section
27115(a)(1) of Public Law 104-193 (21 U.S.C. Sec. 862a(a)(1)). An
28individual convicted in state or federal court after December 31,
291997, including any plea of nolo contendere, of any offense
30classified as a felony that has as an element the possession, use,
31or distribution of a controlled substance shall be eligible to receive
32CalWORKs benefits under this section.

33(b) As a condition of eligibility for CalWORKs pursuant to
34subdivision (a), an applicant described in subdivision (a) who is
35on probation, parole, or other form of supervised release shall
36comply with the conditions of the supervised release, including
37participation in a drug treatment program, if required. If the county
38social services agency receives verification that the individual’s
39supervised release has been revoked, the individual shall become
P4    1ineligible for CalWORKs benefits under this section for the
2duration of the revocation period.

3(c) Notwithstanding the rulemaking provisions of the
4Administrative Procedure Act (Chapter 3.5 (commencing with
5Section 11340) of Part 1 of Division 3 of Title 2 of the Government
6Code), valid until January 1, 2015, the department may implement
7this section by all-county letters or similar instructions. Thereafter,
8the department shall adopt regulations to implement this section
9by January 1, 2015.

10

SEC. 4.  

Section 17012.5 of the Welfare and Institutions Code
11 is repealed.

begin delete
12

17012.5.  

An individual ineligible for aid under Chapter 2
13(commencing with Section 11200) of Part 3 pursuant to Section
1411251.3, who is a member of an assistance unit receiving aid under
15that chapter, shall also be ineligible for non-health-care benefits
16under this part.

end delete
17

SEC. 5.  

Section 18901.3 of the Welfare and Institutions Code
18 is amended to read:

19

18901.3.  

(a) Subject to the limitations of subdivision (b),
20pursuant to Section 115(d)(1)(A) of Public Law 104-193 (21 U.S.C.
21Sec. 862a(d)(1)(A)), California opts out of the provisions of Section
22115(a)(2) of Public Law 104-193 (21 U.S.C. Sec. 862a(a)(2)).begin delete A
23convicted drug felonend delete
begin insert An individual convicted in state or federal
24prison after December 31, 1997, including any plea of guilty or
25nolo contendere, of any offense classified as a felony that has as
26an element the possession, use, or distribution of a controlled
27substanceend insert
shall be eligible to receive CalFresh benefits under this
28section.

begin delete

29(b) Subdivision (a) does not apply to a person who has been
30convicted of unlawfully transporting, importing into this state,
31selling, furnishing, administering, giving away, possessing for
32sale, purchasing for purposes of sale, manufacturing a controlled
33substance, possessing precursors with the intent to manufacture a
34controlled substance, or cultivating, harvesting, or processing
35marijuana or any part thereof pursuant to Section 11358 of the
36Health and Safety Code.

37(c) Subdivision (a) does not apply to a person who has been
38convicted of unlawfully soliciting, inducing, encouraging, or
39intimidating a minor to participate in any activity listed in
40subdivision (b).

P5    1(d)

end delete

2begin insert(b)end insert As a condition of eligibility to receive CalFresh benefits
3pursuant to subdivision (a), an applicantbegin delete convicted of a felony drug
4offense that is not excluded under subdivision (b) or (c) shall be
5required to provide proof of one of the following subsequent to
6the most recent drug-related conviction:end delete
begin insert described in subdivision
7(a) who is on probation, parole, or any other form of supervised
8release shall comply with the terms of the supervised release,
9including participation in a drug treatment program, if required.
10If the county social services agency receives verification that the
11individual’s supervised release has been revoked, the individual
12shall become ineligible for CalFresh benefits under this section
13for the duration of the revocation period.end insert

begin delete

14(1) Completion of a government-recognized drug treatment
15program.

16(2) Participation in a government-recognized drug treatment
17 program.

18(3) Enrollment in a government-recognized drug treatment
19program.

20(4) Placement on a waiting list for a government-recognized
21drug treatment program.

22(5) Other evidence that the illegal use of controlled substances
23has ceased, as established by State Department of Social Services
24regulations.

25(e) Notwithstanding the Administrative Procedure Act (Chapter
263.5 (commencing with Section 11340) of Part 1 of Division 3 of
27Title 2 of the Government Code), the department may implement
28this section through an all-county letter or similar instructions from
29the director no later than January 1, 2005.

30(f) The department shall adopt regulations as otherwise
31necessary to implement this section no later than July 1, 2005.
32Emergency regulations adopted for implementation of this section
33may be adopted by the director in accordance with the
34Administrative Procedure Act. The adoption of emergency
35regulations shall be deemed to be an emergency and necessary for
36immediate preservation of the public peace, health and safety, or
37general welfare. The emergency regulations shall be exempt from
38review by the Office of Administrative Law. The emergency
39regulations authorized by this section shall be submitted to the
P6    1Office of Administrative Law for filing with the Secretary of State
2and shall remain in effect for no more than 180 days.

end delete
begin insert

3(c) Notwithstanding the rulemaking provisions of the
4Administrative Procedure Act (Chapter 3.5 (commencing with
5Section 11340) of Part 1 of Division 3 of Title 2 of the Government
6Code), valid until January 1, 2015, the department may implement
7this section by all-county letters or similar instructions. Thereafter,
8the department shall adopt regulations to implement this section
9by January 1, 2015.

end insert
10

SEC. 6.  

Section 18901.35 is added to the Welfare and
11Institutions Code
, to read:

12

18901.35.  

The department shall submit to the United States
13Department of Agriculture, Food, and Nutrition Services, on or
14before March 31, 2014, a request to waive Section 273.1(b)(7)(vi)
15of Title 7 of the Code of Federal Regulations to allow for the
16preenrollment of otherwise eligible applicants to the CalFresh
17program up to one month prior to the applicant’s reentry into the
18community from county jail or state prison. The counties shall
19implement a preenrollment process within six months of the waiver
20approval.

21

SEC. 7.  

If the Commission on State Mandates determines that
22this act contains costs mandated by the state, reimbursement to
23local agencies and school districts for those costs shall be made
24pursuant to Part 7 (commencing with Section 17500) of Division
254 of Title 2 of the Government Code.



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