BILL ANALYSIS Ó
SB 283
Page 1
Date of Hearing: July 2, 2013
ASSEMBLY COMMITTEE ON HUMAN SERVICES
Mark Stone, Chair
SB 283 (Hancock) - As Amended: June 18, 2013
SENATE VOTE : 26-8
SUBJECT : CalFresh eligibility
SUMMARY : Removes the lifetime restrictions on the ability of
individuals formerly convicted of drug felonies to receive
CalFresh benefits. Specifically, this bill :
1)Deletes provisions in state law that prohibit the provision of
CalFresh benefits to individuals convicted of certain
drug-related felonies and deletes related provisions that
require proof of participation in drug treatment programs, as
specified, for individuals who are convicted of felony drug
offenses that do not result in their ineligibility for
CalFresh benefits.
2)Provides that as a condition of receiving CalFresh benefits,
an applicant convicted of a felony drug offense who is on
probation or another form of supervised release must comply
with the terms of the release program, as specified, and
establishes that if a recipient's supervised release is
revoked, resulting in the recipient's incarceration, her or
she shall be ineligible for CalFresh benefits during the
period of revocation.
3)Requires the Department of Social Service (DSS), in
consultation with specified stakeholders, to adopt regulations
to implement these changes to CalFresh eligibility
requirements by January 1, 2015 and authorizes DSS to
implement these changes by all-county letters or similar
instructions before January 1, 2015.
EXISTING LAW
1)Establishes, under federal law, the Supplemental Nutrition
Assistance Program (SNAP), pursuant to the Food Stamp Act of
1964 and subsequent revisions, and establishes, in California
law, the CalFresh program to administer the provision of
federal SNAP benefits to low-income families and individuals
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meeting specified criteria. (WIC 18900 et seq.)
2)Establishes the California Food Assistance Program (CFAP) to
provide state-funded nutrition assistance to legal permanent
residents for whom the period of time they have resided in the
United States is the sole reason for their ineligibility for
federal SNAP benefits. (WIC 18930 et seq.)
3)Denies eligibility for SNAP benefits, under federal law, to
individuals convicted under federal or state law of a felony
related to the possession, use, or distribution of a
controlled substance. (21 U.S.C. 862a (a)(2))
4)Authorizes states, under federal law, to exempt some or all
individuals with drug-felony convictions from the federal ban
on receiving SNAP benefits or to limit the time period of the
ban on receiving benefits. (21 U.S.C. 862(d)(1))
5)Denies CalFresh eligibility to 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, and
individuals who have been convicted of soliciting, inducing,
encouraging or intimidating a minor to participate in any such
crimes. (WIC 18901.3(b))
6)Provides in California statute that individuals convicted of
certain felony drug offenses are eligible to receive CalFresh
benefits, provided that they demonstrate completion of,
participation in, enrollment in, or placement on a waiting
list for a government-recognized drug treatment program or
provide other evidence that, as established by DSS
regulations, their illegal drug use has ceased. (WIC
18901.3(d))
FISCAL EFFECT : According to the May 23, 2013 Assembly
Appropriations Committee analysis, this bill will have the
following fiscal impact:
1)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 CalFresh.
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2)Increased CalFresh/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.
3)Increased CalFresh administrative costs in excess of $2.2
million ($1.1 million General Fund) assuming administrative
costs for new cases only.
4)Substantial future cost savings in the millions of dollars in
state/local incarceration costs, 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. For every 200 inmates who do not
recidivate who otherwise would have served 90 to 180 days (the
maximum term) in 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 would potentially be offset by
increased participation in the benefit programs.
COMMENTS : This bill allows CalFresh food assistance benefits to
be provided to eligible individuals previously convicted of drug
felonies provided they are complying with the terms of their
probation or parole or have successfully completed their
probation or parole. The author and supporters of the bill see
this bill as a step toward reducing recidivism, stabilizing
families, and ultimately helping individuals formerly convicted
of drug felonies successfully reintegrate into their communities
and the workforce to achieve better long-term outcomes.
Background : CalFresh benefits, which are entirely funded by the
federal government through the Supplemental Nutrition Assistance
Program (SNAP), are made available on a monthly basis for food
purchase through an ATM-like electronic benefits transfer (EBT)
card. The United States Department of Agriculture (USDA) sets
specific eligibility requirements for SNAP programs across the
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United States, including a gross and net income asset test, work
requirements, and other documentation requirements. The maximum
allowable gross income is 130% of the Federal Poverty Level
(FPL). Households with elderly or disabled members are not
subject to gross income criteria but must have a net monthly
income at or below 100% of the FPL. Other households must meet
both gross and net monthly income tests. Additionally,
resources, such as cash on hand, generally cannot exceed $2,000,
or $3,250 for households in which there is a household member
who has a disability or is 60 years of age or older. CalFresh
is administered locally by county welfare departments, and the
federal, state, and county governments share in the cost of
administration of the program. Based on March 2013 data from
the Department of Social Services, the average monthly CalFresh
benefit per household is $336 ($154 per person or $5.13 per
day), providing modest benefits to around 1.9 million households
in California.
Despite efforts to increase access to CalFresh nutrition
assistance by reaching out to households that are eligible but
not currently participating in the program, a number of
California's families still experience food insecurity, meaning
they are unable to afford balanced meals and often cut the size
of their meals or go hungry. Households experiencing food
insecurity don't have consistent access to enough food for
healthy living due to a lack of money and other resources. Some
families that constantly battle with food insecurity go without
food for entire days, and parents in food-insecure households
often report going without food themselves while ensuring their
children have something to eat, though it may be very little. A
national food security survey conducted in 2010 by the United
States Department of Agriculture (USDA) Economic Research
Service revealed that 14.5 percent of households were
food-insecure at least some time during the year, including 5.4
percent with very low food security.
More than just food : While the primary purpose of the CalFresh
program is to provide basic nutrition assistance to low-income
households, there are other benefits built into the program that
improve both personal outcomes for recipients and economic
outcomes for California's communities. In addition to receiving
a monthly allotment with which to purchase food, CalFresh
recipients who are not also assisted through the California Work
Opportunity and Responsibility to Kids (CalWORKs) program can
benefit from participation in their counties' CalFresh
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Employment and Training (E&T) programs. CalFresh E&T programs
provide job training, work experience and supportive services,
all of which increase recipients' chances of successful
integration in the workforce and a greater likelihood of
achieving self-sufficiency. CalFresh E&T programs are currently
in place in 26 counties throughout the state, all of which are
funded with 100% federal dollars, and counties receive a 50%
federal match for any additional dollars they spend
administering the programs. Additionally, because the CalFresh
benefits provided to recipients are funded with 100% federal
dollars, increasing the distribution of CalFresh benefits to
eligible households results in a boost to the local economy,
which is especially important to low-income areas. According to
Moody's Analytics, every dollar of SNAP benefits spent, even in
a depressed economy, results in $1.70 in economic activity.
A 2012 policy brief released by the National Poverty Center,
titled "Extreme Poverty in the United States, 1996 to 2011,"
found that SNAP benefits were effective in reducing extreme
poverty within that time period and noted that expansion of SNAP
programs could be particularly beneficial in reducing extreme
poverty in nonelderly households with children.
History of the lifetime ban: The Personal Responsibility and
Work Opportunity Reconciliation Act of 1996 (PRWORA), which was
the final piece of federal welfare reform legislation, included
a number of programmatic changes and new requirements for
families to receive federally-paid benefits, one of which was a
bar on receiving Food Stamp benefits (now called SNAP at the
federal level) for applicants or recipients convicted of a
felony drug offense after August 22, 1996 (PL 10-193, Sec. 115).
Although federal law allows states to opt out of the ban on the
receipt of SNAP benefits for some or all drug felons, California
chose not to opt out and implemented the lifetime ban upon
adopting the provisions of PRWORA into state law in 1997. Seven
years later, AB 1796 (Leno), Chapter 932, Statutes of 2004 was
signed into law, which partially lifted the ban by allowing
individuals convicted felony use or possession for personal use
of a controlled substance to potentially be eligible for SNAP
benefits, provided that they demonstrate, according to state law
requirements, that their drug use has ceased and meet other
general eligibility requirements. It is important to note that
in addition to no longer implementing a lifetime ban on CalFresh
benefits for the individuals included in AB 1796 (Leno), there
is also no lifetime ban for individuals convicted of any other
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felonies.
Concerns about lifting the ban : When the Food Stamps program
was established, benefits were provided to recipients through
paper coupons. While the coupons could be easily lost or
stolen, the ability for them to be sold became a point of
particular concern among those who opposed providing them to
individuals with former drug felony convictions. With the
state's implementation of Electronic Benefits Transfer (EBT) in
2002, which is now the only means through which CalFresh
benefits can be accessed, opportunities to sell benefits have
been virtually eliminated, and the electronic system allows
state and federal investigators to more easily detect and stop
any lingering instances of this illegal activity within the
program.
Additional concerns stem from the belief that individuals
formerly convicted of drug felonies will attempt to sell their
benefits and use the cash to reengage in purchasing and selling
drugs. However, there are numerous barriers to recipients
remaining eligible and engaging in this kind of activity that
are built into the CalFresh program. These barriers include a
requirement that recipients regularly provide personal
information to the county office, including a home address, bank
account, phone number, and employer information. This reporting
requirement allows county offices to routinely check a
recipient's household composition and financial information to
verify validity and continued eligibility, and makes it nearly
impossible for someone engaging in illegal drug activities to
maintain CalFresh eligibility.
It is also important to note that strict requirements are in
place for purchases that can be made with CalFresh benefits.
Unlike other types of benefits that may be accessed through an
EBT card, CalFresh benefits cannot be withdrawn in cash at
point-of-sale terminals or at ATM machines. Benefits can be
used to purchase food items to be prepared and consumed at home,
as well as seeds and plants that can produce food for a family.
CalFresh benefits cannot be used to purchase non-food items,
such as alcohol and tobacco products, medicine, household
supplies, vitamins, or soaps and paper products necessary for
personal hygiene.
Recidivism and other consequences of the lifetime ban :
According to the California Department of Corrections and
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Rehabilitation (CDCR), a recidivist is defined as an individual
convicted of a felony and incarcerated in a CDCR adult
institution who is discharged or released to parole and
subsequently returns to prison within a specified period of
time. For purposes of CDCR's 2011 Adult Institutions Outcome
Evaluation Report, the period of time between discharge and
return to prison that was used to gauge the rate of recidivism
of convicted felons was three years.
Legal services and other advocacy organizations across the
nation have drawn the connection between the availability of
basic needs resources and supports provided to former inmates
and their successful reentry into family life, community life
and employment. The Sentencing Project, an advocacy
organization focused on eliminating racial disparities and
unjust practices within the prison system, considers laws and
policies that restrict access to public benefits for individuals
with a felony conviction to be "collateral penalties" that
impede the individual's social and economic advancement. With
many former inmates returning home to live with their children,
providing adequate resources can help reduce stress, maintain
the function of their households, and give the returning parent
a real opportunity to meet his or her family's needs.
A recent Yale University study that examined the impact of the
lifetime ban for former inmates focused on the link between
their experiences with food insecurity and involvement in sexual
risk behaviors. According to one of the study's authors, as
cited in the March 25, 2013 Yale News article on the study's
findings, "These individuals are incredibly vulnerable when they
are released from prison. If they cannot get government food
assistance, they are much more likely to be hungry and thus
engage in dangerous sexual behavior in exchange for money or
food for themselves and their children."
Other states : Federal authorization for states to opt out of
the lifetime ban on SNAP benefits has resulted in only 13 states
maintaining a lifetime disqualification for SNAP benefits for
all individuals convicted of drug felonies. According to the
August 2012 SNAP State Report released by the USDA, 19 states
have modified bans, including Idaho, Nebraska and Tennessee, and
20 states and the District of Columbia have lifted the lifetime
ban entirely.
Need for the bill : According to the author, "SB 283 allows
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individuals previously convicted of a drug felony, who meet all
other eligibility rules, to receive federally funded food
assistance and employment training through the CalFresh
programs, provided that they are complying with the conditions
of probation or parole, or have successfully completed their
probation or parole. The ban on CalFresh for groups of
individuals with a past drug-related felony is a major barrier
to successful reentry and consequently, a contributing factor to
the state's high recidivism rates. Restoring access to these
benefits will not only improve outcomes of very vulnerable
families, but also provides local communities a tool as they
implement realignment. SB 283 improves public safety, increases
chances of employment and financial stability and reduces the
risk of reoffending."
This bill can prove to be especially beneficial for individuals
with former drug convictions who are able to return home to live
with their children. Denial of CalFresh benefits to a parent
seeking to reunite with his or her family reduces the overall
benefits to the entire household, putting additional stress on
the family and hindering successful reentry for the parent.
Additionally, the current lifetime ban for individuals with
certain drug felony convictions does not adjust with respect to
an individual's current life situation. While opponents to
lifting state bans often focus on what they perceive will be the
attitudes and actions of recently released individuals with
disqualifying convictions, the long-term implications
California's ban has on households with children can be
devastating. For example, the state's banned population
includes individuals who served time for their convictions,
successfully reentered the community, became employed and had
children, and were laid off during the state's economic
downturn. Due to their lifetime disqualification for CalFresh,
these parents face increased barriers to adequately providing
for their families while they seek new employment.
Citing the loss of federal funds to the state as a result of the
lifetime CalFresh ban, one of the co-sponsors of this bill, Drug
Policy Alliance, notes that the ban has robbed our local economy
of much-needed support for state retailers and farmers. Drug
Policy Alliance goes on to state, "If we expect people in
recovery from drug addiction to become productive citizens and
to reintegrate into society, we must ensure they have the same
access to public support as other needy members of the
community. To deny these federal benefits is to engender
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hunger, despondency and a return to drug use and, potentially,
drug selling to support that costly habit. This bill offers a
modest yet important amount of relief."
PROPOSED AMENDMENTS
1)This bill requires CalFresh applicants who are on probation,
parole, or another form of supervised release to meet the
requirements of their release programs as a condition of
receiving assistance. To provide additional clarity with
respect to drug treatment programs, staff recommends the
following amendment in subdivision (b) of the bill, beginning
on page 2, line 15:
(b) As a condition of eligibility to receive CalFresh
benefits pursuant to subdivision (a), an applicant 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 government
recognized drug treatment program, if required. If the county
social services agency receives verification that the
individual's supervised release has been revoked, resulting in
the individual's incarceration, the individual shall become
ineligible for CalFresh benefits under this section for the
duration of the revocation period.
2)Recent amendments to this bill include a requirement for the
Department of Social Services to consult with the Chief
Probation Officers of California, the County Welfare Directors
Association, and client advocates when developing regulations
to implement this section. Typically, the requirement to
consult with such organizations and advocates is included in
the department's development of all-county letters that are
used to provide guidance to counties prior to the development
of regulations. The Administrative Procedure Act already
includes opportunities for public hearings and for public
comment to be provided as regulations are being developed. As
currently written, the provisions that explicitly include
reference to consultation with certain organizations and
advocates could raise concerns about the participation or
consideration of comments from any other agencies,
organizations or members of the public. In order to clarify
that the all-county letters or similar instructions authorized
by this section shall be developed in consultation with
specified organizations and advocates, and the standard
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regulatory process will not be altered, staff recommends the
following amendments beginning on page 3, line 5:
(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 and administer this section by through
all-county letters or similar instructions from the director
until regulations are developed. The all-county letters or
similar instructions shall be developed in consultation with
the Chief Probation Officers of California, the County Welfare
Directors Association, and client advocates. Thereafter, the
department shall adopt regulations , in consultation with the
Chief Probation Officers of California, the County Welfare
Directors Association, and client advocates, to implement this
section by January 1, 2015.
PRIOR LEGISLATION :
SB 1060 (Hancock) 2012, would have ended the 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.
Died on the Senate Appropriations Suspense File.
AB 828 (Swanson) 2011 would have ended the lifetime ban on
CalFresh eligibility for all individuals convicted of felony
drug offenses. Died on the Senate Appropriations Suspense File.
AB 508 (Swanson) 2007 would have ended the lifetime ban on
CalFresh benefits for all individuals convicted of felony drug
offenses. 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 meeting state drug treatment requirements.
AB 1947 (Washington) 2002 would have ended the lifetime ban on
CalFresh benefits for individuals who were convicted of felony
drug offenses, subject to enrollment in a drug treatment
program. Vetoed by the Governor.
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REGISTERED SUPPORT / OPPOSITION :
Support
County Welfare Directors Association (Co-Sponsor)
Western Center on Law and Poverty (Co-Sponsor)
Drug Policy Alliance (co-Sponsor)
9 to 5 California
A New Path
A New PATH (Parents for Addiction Treatment and Healing)
A New Way of Life Reentry Project
Advancement Project
Alameda County Board of Supervisors
Alameda County Community Food Bank
Alameda County District Attorney Nancy O'Malley
Alameda County Probation Department
Alameda County Supervisor Richard Valle
All of Us or None
Allen Temple Health & Social Services Ministries
American Civil Liberties Union (ACLU) CA
Americans For Safe Access
Architects/Designers/Planners for Social Responsibility
Asian Law Alliance
Bananas
Berkeley Food and Housing Project
Building Opportunities for Self-Sufficiency
Butt County Department of Employment and Social Services (DESS)
California Association of Food Banks
California Attorneys for Criminal Justice
California Black Health Network
California Catholic Conference
California Church Impact
California Coalition for Women Prisoners
California Communities United Institute
California Drug Counseling
California Food Policy Advocates
California Hunger Action Coalition
California Immigrant Policy Center
California National Organization for Women (California NOW)
California NORML
California Partnership
California Partnership to End Domestic Violence
California Public Defenders Association
California State Association of Counties
California/Nevada Community Action Partnership
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Californians United for a Responsible Budget (CURB)
Canoga Park Worksource/Rescare Workforce Services
Catholic Charities of California United
Center for Young Women's Development
Chaldean Middle Eastern Social Services
Children's Defense Fund-California (CDF-CA)
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 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
Contra Costa County Board of Supervisors
Contra Costa County Supervisor, John Gioia
Cottage Housing
County Alcohol and Drug Program Administrators Association of
California
County of San Luis Obispo Department of Social Services
County of San Mateo Board of Supervisors
County Welfare Directors Association of CA (CWDA)
Eden I& R, Inc.
El Monte/South El Monte Emergency Resources Association
Elle Baker Center for Human Rights
FACTS Education Fund
Feeding America San Diego
FESCO The Family Shelter
First Congregational Church of Pasadena UCC
Food Bank of Contra Costa and Solano
Food for People, Inc. The Food Bank for Humboldt County
Friends Committee on Legislation of California
Gateways Hospital and Mental Health Center
Greenlining Institute
Having Our Say!
Hercules City Council Member Sherry McCoy
Homeless Action Center
Horizon Services Inc.
Housing California
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Housing People Properly
Hunger Action Los Angeles
Hunger Advocacy Network
Innercity Struggle
Insight Center for Community Economic Development (INSIGHT)
Interfaith Community Services
JERICHO
Jewish Family Services, San Diego
Justice First LLP
Justice Not Jails
Justice Now
L.A. Kitchen
Lawyers' Committee for Civil Rights
Legal Services for Prisoners with Children
Lifelong Medical Care
LIFETIME
LIUNA Locals 777&792
Los Angeles Alliance for a New Economy
Los Angeles Black Worker Center
Los Angeles Community Action Network
Los Angeles Regional Food Bank
Magnolia Women's Recovery Program
Metro United Methodist Urban Ministry
National Association of Social Workers CA Chapter Women's
Council
North County Community Services Food Bank
Options Recovery Services
Parents for Addiction Treatment and Healing (PATH)
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
River City Food Bank, Sacramento County
Rubicon Programs
Sacramento Housing Alliance
San Diego Hunger Coalition
San Diego Organizing Project
San Francisco and Marin Food Bank
San Francisco Living Wage Coalition
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Second Chance
Second Harvest Food Bank Santa Cruz County
Shields for Families
St. Anthony Foundation
St. Mary's Center
St. Mary's Episcopal Church
Starting Over, Inc.
Strategic Finance Partners
The Center for Young Women Development
The Gamble Institute
The Jacobs & Cushman San Diego Food Bank
The Los Angeles Regional Reentry Partnership
The Sentencing Project
The Women's Foundation of California
Urban Counties Caucus
Violence Prevention Coalition of Greater Los Angeles
Women Organizing Resources, Knowledge & Services (WORKS)
Youth Justice Coalition
Youth UpRising
57 individuals
Opposition
California District Attorneys Association
California Narcotic Officers' Association
California Police Chiefs Association
Analysis Prepared by : Myesha Jackson / HUM. S. / (916)
319-2089