BILL NUMBER: SB 283 INTRODUCED
BILL TEXT
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:
SECTION 1. Section 11251.3 of the Welfare and Institutions Code,
as added by Section 1 of Chapter 283 of the Statutes of 1997, is
repealed.
11251.3. (a) An individual shall be ineligible for aid under this
chapter if the individual has been convicted in state or federal
court after December 31, 1997, including any plea of guilty or nolo
contendere, of any offense classified as a felony and that has as an
element of the possession, use, or distribution of a controlled
substance, defined in Section 102(6) of the Controlled Substance Act
(21 U.S.C. Sec. 802(6)).
(b) For a family receiving aid under this chapter that includes an
individual who is ineligible pursuant to subdivision (a), a county
shall issue vouchers or vendor payments for at least rent and
utilities payments.
SEC. 2. Section 11251.3 of the Welfare and Institutions Code, as
added by Section 1 of Chapter 284 of the Statutes of 1997, is
repealed.
11251.3. (a) An individual shall be ineligible for aid under this
chapter if the individual has been convicted in state or federal
court after December 31, 1997, including any plea of guilty or nolo
contendere, of a felony that has as an element the possession, use,
or distribution of a controlled substance, defined in Section 102(6)
of the Controlled Substances Act (21 U.S.C. Sec. 802(6)) or Division
10 (commencing with Section 11000) of the Health and Safety Code.
(b) For a family receiving aid under this chapter that includes an
individual who is ineligible pursuant to subdivision (a), a county
shall issue vouchers or vendor payments for at least rent and
utilities payments.
SEC. 3. Section 11251.3 is added to the Welfare and Institutions
Code, to read:
11251.3. (a) Subject to the limitations of subdivision (b),
pursuant to Section 115(d)(1)(A) of Public Law 104-193 (21 U.S.C.
Sec. 862a(d)(1)(A)), California opts out of the provisions of Section
115(a)(1) of Public Law 104-193 (21 U.S.C. Sec. 862a(a)(1)). An
individual convicted in state or federal court after December 31,
1997, including any plea of nolo contendere, of any offense
classified as a felony that has as an element the possession, use, or
distribution of a controlled substance shall be eligible to receive
CalWORKs benefits under this section.
(b) As a condition of eligibility for CalWORKs pursuant to
subdivision (a), an applicant described in subdivision (a) who is on
probation, parole, or other form of supervised release shall comply
with the conditions of the supervised release, including
participation in a drug treatment program, if required. If the county
social services agency receives verification that the individual's
supervised release has been revoked, the individual shall become
ineligible for CalWORKs benefits under this section for the duration
of the revocation period.
(c) Notwithstanding the rulemaking provisions of the
Administrative Procedure Act (Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code),
valid until January 1, 2015, the department may implement this
section by all-county letters or similar instructions. Thereafter,
the department shall adopt regulations to implement this section by
January 1, 2015.
SEC. 4. Section 17012.5 of the Welfare and Institutions Code is
repealed.
17012.5. An individual ineligible for aid under Chapter 2
(commencing with Section 11200) of Part 3 pursuant to Section
11251.3, who is a member of an assistance unit receiving aid under
that chapter, shall also be ineligible for non-health-care benefits
under this part.
SEC. 5. Section 18901.3 of the Welfare and Institutions Code is
amended to read:
18901.3. (a) Subject to the limitations of subdivision (b),
pursuant to Section 115(d)(1)(A) of Public Law 104-193 (21 U.S.C.
Sec. 862a(d)(1)(A)), California opts out of the provisions of Section
115(a)(2) of Public Law 104-193 (21 U.S.C. Sec. 862a(a)(2)).
A convicted drug felon An individual
convicted in state or federal prison after December 31, 1997,
including any plea of guilty or nolo contendere, of any offense
classified as a felony that has as an element the possession, use, or
distribution of a controlled substance shall be eligible to
receive CalFresh benefits under this section.
(b) Subdivision (a) does not apply to a person who has been
convicted of unlawfully transporting, importing into this state,
selling, furnishing, administering, giving away, possessing for sale,
purchasing for purposes of sale, manufacturing a controlled
substance, possessing precursors with the intent to manufacture a
controlled substance, or cultivating, harvesting, or processing
marijuana or any part thereof pursuant to Section 11358 of the Health
and Safety Code.
(c) Subdivision (a) does not apply to a person who has been
convicted of unlawfully soliciting, inducing, encouraging, or
intimidating a minor to participate in any activity listed in
subdivision (b).
(d)
(b) As a condition of eligibility to receive CalFresh
benefits pursuant to subdivision (a), an applicant convicted
of a felony drug offense that is not excluded under subdivision (b)
or (c) shall be required to provide proof of one of the following
subsequent to the most recent drug-related conviction:
described in subdivision (a) who is on probation, parole, or any
other form of supervised release shall comply with the terms of the
supervised release, including participation in a drug treatment
program, if required. If the county social services agency receives
verification that the individual's supervised release has been
revoked, the individual shall become ineligible for CalFresh benefits
under this section for the duration of the revocation period.
(1) Completion of a government-recognized drug treatment program.
(2) Participation in a government-recognized drug treatment
program.
(3) Enrollment in a government-recognized drug treatment program.
(4) Placement on a waiting list for a government-recognized drug
treatment program.
(5) Other evidence that the illegal use of controlled substances
has ceased, as established by State Department of Social Services
regulations.
(e) Notwithstanding the Administrative Procedure Act (Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code), the department may implement this section
through an all-county letter or similar instructions from the
director no later than January 1, 2005.
(f) The department shall adopt regulations as otherwise necessary
to implement this section no later than July 1, 2005. Emergency
regulations adopted for implementation of this section may be adopted
by the director in accordance with the Administrative Procedure Act.
The adoption of emergency regulations shall be deemed to be an
emergency and necessary for immediate preservation of the public
peace, health and safety, or general welfare. The emergency
regulations shall be exempt from review by the Office of
Administrative Law. The emergency regulations authorized by this
section shall be submitted to the Office of Administrative Law for
filing with the Secretary of State and shall remain in effect for no
more than 180 days.
(c) Notwithstanding the rulemaking provisions of the
Administrative Procedure Act (Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code),
valid until January 1, 2015, the department may implement this
section by all-county letters or similar instructions. Thereafter,
the department shall adopt regulations to implement this section by
January 1, 2015.
SEC. 6. Section 18901.35 is added to the Welfare and Institutions
Code, to read:
18901.35. The department shall submit to the United States
Department of Agriculture, Food, and Nutrition Services, on or before
March 31, 2014, a request to waive Section 273.1(b)(7)(vi) of Title
7 of the Code of Federal Regulations to allow for the preenrollment
of otherwise eligible applicants to the CalFresh program up to one
month prior to the applicant's reentry into the community from county
jail or state prison. The counties shall implement a preenrollment
process within six months of the waiver approval.
SEC. 7. If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.