BILL ANALYSIS Ó
SENATE HUMAN
SERVICES COMMITTEE
Senator Leland Y. Yee, Chair
BILL NO: SB 283
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AUTHOR: Hancock
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VERSION: February 14, 2013
HEARING DATE: April 9, 2013
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FISCAL: Yes
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CONSULTANT: Tepring Piquado
SUBJECT
CalWORKs and CalFresh eligibility
SUMMARY
This bill permits former, nonviolent drug felons to receive
cash aid and nutritional assistance provided they are
complying with probation or parole conditions. Deletes a
requirement to provide proof of completion, participation,
or enrollment in a drug treatment program to be eligible
for services. Requires the Department of Social Services
(DSS) to request a federal waiver for the pre-enrollment of
individuals in county jail or state prison, as specified.
Requires the counties to implement the pre-enrollment
program.
ABSTRACT
Existing Law :
1) Provides discretionary authority under federal law
for states to exempt individuals with drug-felony
convictions from the federal ban for Temporary
Assistance for Needy Families (TANF) and Supplemental
Nutrition Assistance Program (SNAP), formerly known as
food stamps, benefits. (21 U.S.C. 862a)
Continued---
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2) Provides in California statute for the allocation
of funds for cash assistance and other social services
for low-income families through the California Work
Opportunity and Responsibility to Kids (CalWORKs)
program. Under this program, each county provides
assistance through a combination of state and county
funds and federal funds through the TANF block grant.
(WIC 10530)
3) Provides in California statute for the allocation
of funds for supplement nutrition for low-income
families through the CalFresh program. Under this
program, each county provides assistance through
federal SNAP funds. (WIC 18900)
4) Prohibits individuals from receiving cash
assistance and other benefits under the CalWORKs
program, if an individual has been convicted in state
or federal court of a felony that has as an element of
the conviction, possession, use or distribution of a
controlled substance as defined under federal
Controlled Substances Act. (WIC 11215.3)
5) Provides in California statute that individuals
convicted of certain drug felonies are eligible to
receive CalFresh benefits, under specified conditions.
(WIC 17012.5)
6) Prohibits from eligibility individuals convicted of
unlawfully transporting, importing, selling,
furnishing, administering, giving away, possessing for
sale, manufacturing a controlled substance, possessing
precursors with intent to sell, or cultivating,
harvesting or processing marijuana, or individuals who
have been convicted of soliciting, inducing,
encouraging or intimidating a minor to participate in
any such crimes. (WIC 18901.3)
7) Requires as a condition of eligibility for CalFresh
that individuals convicted of a drug felony 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
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substances has ceased. (WIC 18901.3)
This bill:
1) Deletes existing provisions of California law that
prohibit an individual from receiving CalWORKs and
CalFresh benefits if they have a drug felony
conviction.
2) Establishes that an individual convicted of a drug
felony shall be eligible to receive CalWORKs benefits,
provided that they are complying with the conditions
of probation or parole, or have successfully completed
their probation or parole.
3) Establishes that an individual convicted of a drug
felony shall be eligible to receive CalFresh benefits,
provided that they are complying with the conditions
of probation or parole, or have successfully completed
their probation or parole.
4) Requires DSS to submit to the United States
Department of Agriculture, Food, and Nutrition
Services, on or before March 31, 2014, a request for a
waiver to allow for pre-enrollment of otherwise
eligible individuals to the CalFresh program one month
prior to the individuals' re-entry into the community
from county jail or state prison.
5) Requires counties to implement the pre-enrollment
program within six months of the waiver being granted.
6) Requires DSS to adopt regulations to implement
changes in CalWORKs and CalFresh eligibility by
January 1, 2015 and permits the department to
implement these changes through all-county letters or
similar instruction before January 1, 2015.
7) Imposes a state-mandated local program by requiring
a new level of service from local government.
FISCAL IMPACT
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This bill has not yet been analyzed by a fiscal committee.
BACKGROUND AND DISCUSSION
Purpose of the bill
According to the author, SB 283 will remove the ban on
CalWORKs and CalFresh benefits only for people who are
complying with the conditions of their probation or parole,
or who have successfully completed their probation or
parole. By giving an incentive to those re-entering the
community to comply with their conditions of release,
municipal governments struggling to achieve employment and
re-entry goals of AB 109 are provided with a new tool to
improve public safety, according to the author.
The author further states that access to these benefits
will improve the outcomes for very vulnerable families, but
also will improve public safety by increasing a felon's
chances of employment through the CalWORKs program,
increase financial stability and reducing the risks of
reoffending.
CalWORKS
As of August 2012, 563,347 California families were
participating in the CalWORKs program, including more than
one million children. Nearly half of the children are under
age six. CalWORKs provides monthly income, assistance, and
employment-related services aimed at moving children out of
poverty and helping families meet basic needs and become
self-sufficient. DSS administers the program at the state
level, and county welfare departments administer it
locally. CalWORKs is funded by the federal TANF block
grant, state General Fund dollars, and county funds. The
average grant for a family of three is $467 per month, or
$15.56 per day.
CalFresh
The Supplemental Nutrition Assistance Program (SNAP), known
in California as CalFresh, is a federal program
administered by the U.S. Department of Agriculture (USDA)
and, at the state level, by the DSS. Overall caseload for
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the program in California has grown steadily since 2001,
and around four million people are currently receiving
CalFresh, up from just over three million in 2010.
According to USDA data, California has the lowest
participation rate in the country - only 55% of all
eligible persons receive CalFresh benefits.
The CalFresh program is intended to improve the health and
well-being of individuals by providing a means to meet
their nutritional needs. These benefits are 100% funded by
the federal government. (The federal government, California
and its counties share in the cost of administering the
program). The average amount of CalFresh benefits received
per household is about $200 per month per adult.
Felony drug convictions
When Congress passed the Federal Personal Responsibility
and Work Opportunity Act in 1996, it included a lifetime
ban on convicted drug felons receiving food stamp benefits
through SNAP, and welfare-to-work benefits through TANF.
Later, the act was amended to allow states the option to
opt out of this ban, or to modify it. In 1997, when
California enacted its CalWORKs program to administer the
TANF block grant, it adopted the ban. (WIC 11200 et seq.)
Several groups, including advocates for the poor, have
argued that the drug felon ban prevents otherwise qualified
individuals from receiving services that could support
their recovery and path to independence. A 2005 report by
the federal General Accounting Office showed that more
female drug felons than males are affected by the ban: "as
about 27 percent of female and 15 percent of male drug
offenders released from prison in 2001 could be affected."
The National HIRE Network, an advocacy group for
individuals exiting the criminal justice system, noted that
"when individuals with drug convictions are denied food
stamps and cash benefits, establishing economic stability
becomes more difficult and it becomes more likely that they
may return to criminal activity and drug use?"
Previous efforts have been made to rescind or modify
California's ban. Nine years ago, the legislature passed AB
1796 (Leno, Chapter 932, Statutes of 2004), modifying
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eligibility for the CalFresh program. The statute provided
a partial exemption for felons convicted of drug possession
or use, however, efforts to expand CalFresh benefits to the
felons convicted of drug sales and other drug crimes have
been unsuccessful
Recidivism
A recidivist is defined as a convicted felon who was
released from California Department of Corrections and
Rehabilitation (CDCR) and subsequently returned to CDCR
within a three-year follow-up period.
The Adult Institutions Outcome Evaluation Report released
November 2011 by CDCR reported that 65.1% of felons
released from all CDCR facilities in fiscal year 2006-07
returned within that 3 years and that 73.5% of those who
returned did so within the first year. This rate is one of
the highest in the nation.
Academic research has shown that employment is an effective
means for hastening offender reintegration and reducing
crime.<1>
Other States
Most states have acted on the discretionary authority
provided to them under federal law to enact legislation
that permits some or all convicted drug felons in their
states to receive TANF and SNAP assistance, with certain
conditions.
According to the Legal Advocacy Center, a prisoner re-entry
advocacy group, as of November 2011, 14 states had opted
out of the ban for TANF benefits and 26 states had modified
the ban, leaving only 10 states fully implementing the ban.
According to the USDA's SNAP State Report released August
2012, twenty states and the District of Columbia have
entirely opted out of the ban for SNAP benefits including
Massachusetts, New Mexico, New York, Ohio, Oregon and
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<1> Sung, H. E., & Richter, L. (2006). Contextual barriers
to successful reentry of recovering drug offenders. Journal
of Substance Abuse Treatment, 31(4), 365-374.
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Washington. Nineteen states have partially modified the ban
on supplemental nutrition assistance.
Related Legislation
SB 659 (Wright) 1999, would have ended the optional federal
lifetime ban on CalWORKs and CalFresh benefits if
individuals participated in or completed specified
drug-treatment programs as well as periodic medical drug
screening tests. The bill was vetoed by the Governor.
SB 1984 (Wright) 2000, would have ended the optional
federal lifetime ban on CalWORKs and CalFresh benefits if
individuals participated in or completed specified
drug-treatment programs as well as periodic medical drug
screening tests. The bill was cancelled at the request of
the author.
AB 1947 (Washington 2002, would have ended thee optional
federal lifetime ban on CalFresh benefits for individuals
who were convicted of felony drug offenses, subject to
enrolment in a drug treatment program. The bill did not
modify eligibility for CalWORKs benefits. The bill was
vetoed by the Governor.
AB 1796 (Leno) Chapter 932, Statutes of 2004, established a
partial exemption to the federal lifetime ban on CalFresh
benefits for individuals who were convicted of felony drug
offenses, subject to conditions related to drug treatment.
The bill did not modify eligibility for CalWORKs benefits.
AB 508 (Swanson) 2007, would have completely ended the
optional federal lifetime ban on CalFresh benefits for
individuals convicted of felony drug offenses. This bill
did not modify eligibility for CalWORKs benefits. The bill
was vetoed by the Governor.
AB 828 (Swanson) 2011, would have completely ended the
optional federal lifetime ban for CalFresh eligibility for
individuals convicted of felony drug offenses. This bill
did not modify eligibility for CalWORKs benefits. The bill
was held on the Suspense File of Senate Appropriations in
June 2011.
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SB 1506 (Leno) 2012, would have revised the penalty for
simple possession of a controlled substance from a felony
to a misdemeanor offense. This bill failed on the Senate
Floor.
SB 1060 (Hancock) 2012, would have completely ended the
optional federal lifetime ban on CalWORKs benefits for
individuals who were convicted of felony drug offenses,
subject to conditions related to drug treatment. This bill
did not modify eligibility for CalFresh benefits. The bill
was held on the Suspense File of Senate Appropriations in
May 2012.
POSITIONS
Arguments in support
Drug Policy Alliance and numerous other supporters write
that SB 283 "will provide additional tools to county
probation departments and human services agencies to
improve outcomes for reentry, job placement and child
wellbeing."
Justice not Jails writes, "this ban is unfair and unjust.
It unfairly penalizes ex-offender family members and
blights entire communities that have large numbers of such
offenders among their residents."
Arguments in opposition
The California Public Police Chiefs association and the
California Narcotic Officers Association write, "Although
neither association has issues with making CalWORKS
benefits available to persons convicted of drug use, both
associations oppose extending CalWORKS benefits to drug
dealers."
Support: County Welfare Directors Association of
California (CWDA)
Drug Policy Alliance (co-sponsor)
Western Center on Law and Poverty (co-sponsor)
A New Way of Life Reentry Project (ANWOL)
Alameda County Community Food Bank
All of Us or Non
Asian Law Alliance
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BANANAS - A bunch of support for all things child
care
Cal NORML
California Attorneys for Criminal Justice (CACJ)
California Coalition for Women Prisoners
California Catholic Conference
California Church IMPACT
California Communities United Institute
(CalComUI)
California Drug Counseling, Inc.
California Food Policy Advocates
California Immigrant Policy Center (CIPC)
California Partnerships
California Public Defenders Association (CDPA
Canoga Park Worksource Center/Rescare WorkForce
Services
California State Association of Counties (CSAC)
Catholic Charities of California United (CCCU)
Chaldean Middle Easter Social Services (CMSS)
Children's Rights Project at Public Counsel
Coalition of California Welfare Rights
Organizations, Inc.
The Community Food and Justice Coalition
Community Works West
Cottage Housing
Eden Information and Referral (Eden I&R)
El Monte/South El Monte Emergency Resources
Association
Ella Baker Center for Human Rights
First Congregational Church of Pasadena United
Church of Christ
Friends Committee on Legislation of California
(FCLCA)
Gamble Institute
Greenlining Institute
Hunger Action Los Angeles
Insight center for Community Economic Development
The Jacobs & Cushman San Diego Food Bank
Jericho Training Center
Justice First, LLP
Justice Not Jails
Justice Now
Legal Services for Prisoners with Children
Lawyers' Committee for Civil Rights of the San
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Francisco Bay Area
Los Angeles Alliance for a New Economy (LAANE)
Los Angeles Regional Reentry Partnership (LARRP)
Lutheran Office of Public Policy - California
Metro United Methodist Urban Ministry
National Association of Social Workers,
California Chapter (NASW-CA)
North County Community Services
Project New Village
Public Counsel
Returning Home Foundation
Sacramento Housing Alliance
San Mateo County Board of Supervisors
Second Harvest Food Bank Santa Cruz County
St. Mary's Episcopal Church, Los Angeles
Starting Over, Inc.
Urban Counties Caucus
Women Organizing Resources, Knowledge, & Services
(WORKS)
The Women's Foundation of California
The Youth Justice Coalition
Three Individuals
Oppose:California District Attorneys Association (CDAA)
California Narcotic Officers Association
California Police Chiefs Association
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