SB 283, as amended, Hancock. CalFresh eligibility.
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, as defined. 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 where the revocation results in the individual’s incarceration. The bill would authorize implementationbegin insert and administrationend insert of these provisions by all-county letters or similar instructionsbegin delete until January 1, 2015,end deletebegin insert from the Director of Social Services, developed in consultation with
specified entities,end insert and would, thereafter, require the State Department of Social Services to adopt regulationsbegin delete in consultation with specified entities.end deletebegin insert
by January 1, 2015.end insert
Because counties administer CalFresh, this bill would increase county duties by potentially expanding the eligible population, and would thereby 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 18901.3 of the Welfare and Institutions
2Code is amended to read:
(a) Subject to the limitations of subdivision (b),
4pursuant to Section 115(d)(1)(A) of Public Law 104-193 (21 U.S.C.
5Sec. 862a(d)(1)(A)), California opts out of the provisions of Section
6115(a)(2) of Public Law 104-193 (21 U.S.C. Sec. 862a(a)(2)). An
7individual convicted in state or federal court after December 31,
81997, including any plea of guilty or nolo contendere, of any
9offense classified as a felony that has as an element the possession,
10use, or distribution of a controlled substance, as defined in Section
11102(6) of the federal Controlled Substances Act (21 U.S.C. Sec.
12802(6)) or Division 10 (commencing with Section 11000) of the
13Health and Safety Code, shall be eligible to receive CalFresh
14benefits under this section.
15(b) As a condition of eligibility to receive CalFresh benefits
16pursuant to subdivision (a), an applicant described in subdivision
P3 1(a) who is on probation, parole, or any other form of supervised
2release shall comply with the terms of the supervised release,
3including participation in abegin insert government-recognizedend insert drug treatment
4program, if required. If the county social services agency receives
5verification that the individual’s supervised release has been
6revoked, resulting in the individual’s incarceration, the individual
7shall become ineligible for CalFresh benefits under this section
8for the duration of the revocation period.
9(c) Notwithstanding the rulemaking provisions of the
10Administrative
Procedure Act (Chapter 3.5 (commencing with
11Section 11340) of Part 1 of Division 3 of Title 2 of the Government
12Code),begin delete valid until January 1, 2015,end delete the department may implement
13begin insert and administer end insert this sectionbegin delete byend deletebegin insert throughend insert all-county letters or similar
14begin delete instructions.end deletebegin insert instructions from the director until regulations are
15developed. The all-county letters or similar instructions shall be
16developed in consultation with the Chief Probation Officers of
17
California, the County Welfare Directors Association, and client
18advocates.end insert Thereafter, the department shall adoptbegin delete regulations, in
19consultation with the Chief Probation Officers of California, the
20County Welfare Directors Association, and client advocates,end delete
21begin insert regulationsend insert to implement this section by January 1, 2015.
If the Commission on State Mandates determines that
23this act contains costs mandated by the state, reimbursement to
24local agencies and school districts for those costs shall be made
25pursuant to Part 7 (commencing with Section 17500) of Division
264 of Title 2 of the Government Code.
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