BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 283|
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THIRD READING
Bill No: SB 283
Author: Hancock (D)
Amended: 5/28/13
Vote: 21
SENATE HUMAN SERVICES COMMITTEE : 4-1, 4/9/13
AYES: Yee, Evans, Liu, Wright
NOES: Berryhill
NO VOTE RECORDED: Emmerson
SENATE APPROPRIATIONS COMMITTEE : 5-2, 5/23/13
AYES: De León, Hill, Lara, Padilla, Steinberg
NOES: Walters, Gaines
SUBJECT : CalWORKs and CalFresh eligibility
SOURCE : County Welfare Directors Association of California
Drug Policy Alliance
Western Center on Law and Poverty
DIGEST : This bill authorizes 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/she is ineligible for CalFresh benefits
during any period of revocation of that supervised release.
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ANALYSIS :
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.
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
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.
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.
5.Provides in California statute that individuals convicted of
certain drug felonies are eligible to receive CalFresh
benefits, under specified conditions.
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.
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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
substances has ceased.
This bill:
1.Requires an individual 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 that has as
an element the possession, use, or distribution of a
controlled substance, as defined, to be eligible to receive
CalFresh benefits.
2.Requires as a condition of eligibility to receive CalFresh
benefits pursuant to existing law, anyone who is on probation,
parole, or any other form of supervised release to comply with
the terms of the supervised release, including participation
in a drug treatment program, if required.
3.Prohibits an individual, if the county social services agency
receives verification that his/her supervised release has been
revoked, from being eligible for CalFresh benefits for the
duration of the revocation period.
4.Permits the Department of Social Services (DSS) to adopt
regulations implementing this bill by January 1, 2015.
Background
CalFresh . 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 DSS. Overall caseload for
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.
Felony Drug Convictions . When Congress passed the Federal
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Personal Responsibility and Work Opportunity Act (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.
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% of female and 15% of
male drug offenders released from prison in 2001 could be
affected."
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
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.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
According to the Senate Appropriations Committee:
Increased CalWORKs assistance, services, and child care
costs potentially in the range of $51 to $68 million
(General Fund) annually to add 6,000 to 8,000 individuals
to existing CalWORKs child-only cases (no aided adults).
Increased CalWORKs costs potentially in the millions of
dollars to add previously ineligible adults to existing
CalWORKs Assistance Units with an aided adult. For every
2,500 cases, increased annual CalWORKs grant and services
(no child care) costs of $15 million (General Fund).
State-reimbursable CalWORKs administration costs in the
low hundreds of thousands of dollars (General Fund) for
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county eligibility workers to verify compliance with
conditions of supervised release.
Unknown, increased General Assistance (GA) benefit and
administration costs, potentially state-reimbursable, in
the tens of millions of dollars. Individuals unable to
comply with conditions of supervised release or other
eligibility requirements for CalWORKs (for example, not
living with his/her children), could be eligible for GA.
Annual costs for GA for 5,000 individuals is estimated at
$13 million (assumes an average GA benefit of $214 per
month).
One-time costs for automation system changes potentially
in excess of hundreds of thousands to low millions of
dollars (Federal/General) if significant programming
changes are required for CalWORKs, CalFresh, and GA.
Increased federal CalFresh and California Food
Assistance Program (CFAP) benefits potentially in the tens
of millions of dollars. An additional 20,000 individuals
would result in benefits of $35 million (Federal) and
$350,000 General Fund. Additional economic benefit of $0.6
million (General Fund) in increased sales tax revenue.
Increased CalFresh administrative costs in excess of
$2.2 million ($1.1 million General Fund), assuming
administrative costs for new cases only.
Unknown, potentially major state-reimbursable costs
(General Fund) to implement a CalFresh pre-enrollment
process for inmates up to one month prior to reentry into
the community. Potentially very major increase in federal
CalFresh/CFAP benefits given the substantial number of
offenders released from county jail and state prison in any
one year.
To the extent increased program participation assists in
reducing the rate at which individuals violate the terms of
their parole/probation or are convicted of new crimes,
there will be substantial future cost savings in the
millions of dollars in state/local incarceration costs.
For every 200 inmates who do not recidivate who otherwise
would have served 90 to 180 days (the maximum term) in
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county jail for parole/probation violations, savings to
local jails of approximately $1.8 to $3.6 million (Local).
For every 200 inmates that are deterred from committing new
crimes, up to $2 million (General Fund) in state prison
cost savings or $7.3 million in local jail cost savings. A
portion of savings will potentially be offset by increased
participation in the benefit programs.
SUPPORT : (Verified 5/28/13)
County Welfare Directors Association (co-source)
Drug Policy Alliance (co-source)
Western Center on Law and Poverty (co-source)
9 to 5 California
A New Path
A New Way of Life Reentry Project
Advancement Project
Alameda County Community Food Bank
Alameda County Probation Department
All of Us or None
Allen Temple Health & Social Services Ministries
Americans for Safe Access
Architects/Designers/Planners for Social Responsibility
Asian Law Alliance
Bananas
Berkeley Food and Housing Project
Building Opportunities for Self-Sufficiency
California Association of Food Banks
California Attorneys for Criminal Justice
California Catholic Conference
California Church Impact
California Coalition for Women Prisoners
California Communities United Institute
California Drug Counseling, Inc.
California Food Policy Advocates
California Hunger Action Coalition
California Immigrant Policy Center
California NORML
California Partnership
California Partnership to End Domestic Violence
California Public Defenders Association
California State Association of Counties
California/Nevada Community Action Partnership
Californians United for a Responsible Budget
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Canoga Park Worksource/Rescare Workforce Services
Catholic Charities of California United
Center for Young Women Development
Chaldean Middle Eastern Social Services
City and County of San Francisco District Attorney, George
Gascon
City and County of San Francisco, Sheriff, Ross Mirkarimi
City of Berkeley Mayor, Tom Bates
City of Hercules Council Member, Sherry McCoy
City of Oakland
City of Oakland ,Mayor Jean Quan,
City of Richmond, Mayor Gayle McLaughlin
Coalition of California Welfare Rights Organizations, Inc.
Collaborative Tutoring
Community Coalition
Community Food and Justice Coalition
Community Health Improvement Partners
Community Services Unlimited, Inc.
Community Works West
Conn/McCorry
Cottage Housing
County Alcohol and Drug Program Administrators Association of
California
County of Alameda, District Attorney Nancy O'Malley
County of Alameda, Supervisor Richard Valle
County of Butte Department of Employment and Social Services
County of Contra Costa Board of Supervisors
County of Contra Costa, Supervisor John Gioia
County of San Luis Obispo Department of Social Services
County of San Mateo Board of Supervisors
Eden I& R, Inc.
El Monte/South El Monte Emergency Resources Association
Elle Baker Center for Human Rights
First Congregational Church of Pasadena UCC
Food Bank for Humboldt County
Food Bank of Contra Costa and Solano
Food for People, Inc.
Fresco -The Family Shelter
Friends Committee on Legislation of California
Gamble Institute
Gateway Hospital and Mental Health Center
Greenlining Institute
Having Our Say!
Homeless Action Center
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Horizon Services Inc.
Housing People Properly
Hunger Action Los Angeles
Hunger Advocacy Network
Innercity Struggle
Insight Center for Community Economic Development
Jacobs & Cushman San Diego Food Bank
Jewish Family Services
Justice First LLP
Justice Not Jails
Justice Now
L.A. Kitchen
Laborers International Union of North America Locals 777 & 792
Lawyer's Committee for Civil Rights of the San Francisco Bay
Area
Legal Services for Prisoners with Children
Lifelong Medical Care
LIFETIME
Los Angeles Alliance for a New Economy
Los Angeles Black Worker Center
Los Angeles Community Action Network
Los Angeles Regional Reentry Partnership
Magnolia Women's Recovery Program
Marin Food Bank
Metro United Methodist Urban Ministry
National Association of Social Workers California
Chapter-Women's Council
North County Community Services Food Bank
Options Recovery Services
Playa Vista Job Opportunities and Business Services
Policy Link
Project New Village
Public Counsel Law Center - Children's Right Project
Public Counsel Law Center - Homeless Prevention Law Project
Public Interest Law Project
RainChains.com
Ramsell Corporation
Reach Fellowship International
Returning Home Foundation
Rubicon Programs
Sacramento Housing Alliance
San Diego Hunger Coalition
San Diego Organizing Project
San Francisco Food Bank
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Second Chance
Second Harvest Food Bank Santa Cruz County
Sentencing Project
Shields for Families
St. Mary's Center
St. Mary's Episcopal Church
Starting Over, Inc.
Urban Counties Caucus
Violence Prevention Coalition of Greater Los Angeles
Women Organizing Resources, Knowledge & Services
Women's Foundation of California
Youth Justice Coalition
Youth UpRising
OPPOSITION : (Verified 5/28/13)
California District Attorneys Association
California Narcotic Officers' Association
California Police Chiefs Association
ARGUMENTS IN SUPPORT : Drug Policy Alliance, a sponsor of the
bill, and numerous other supporters write that this bill "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 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."
RM:ej 5/28/13 Senate Floor Analyses
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SUPPORT/OPPOSITION: SEE ABOVE
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