BILL ANALYSIS Ó
SB 283
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Date of Hearing: August 14, 2013
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Mike Gatto, Chair
SB 283 (Hancock) - As Amended: August 5, 2013
Policy Committee: Human
ServicesVote:5 - 2
Urgency: No State Mandated Local Program:
Yes Reimbursable: Yes
SUMMARY
This bill allows individuals convicted of drug-related felonies
to receive federal CalFresh (food stamps) benefits.
FISCAL EFFECT
1)Up to $3 million in federal CalFresh benefits to the extent
additional individuals receive CalFresh. For every 1000
beneficiaries, approximately $1 million in CalFresh benefits
are received annually. These benefits are 100% federal funds.
The Department of Social Services estimates that this
legislation will result in approximately 3000 new cases.
2)Annual administrative workload costs in excess of $250,000
($125,000 GF) for local welfare departments to administer 3000
new CalFresh cases or adjust existing family CalFresh
benefits.
3)Unknown GF and local tax revenues to the extent that new
CalFresh recipients spend funds on taxable goods.
4)Unknown savings, to the extent federal food assistance reduces
the need for other kinds of public benefits.
COMMENTS
1)Purpose . The premise of the original federal law that
underlies this bill was that individuals should be prevented
from using public benefits to support substance abuse.
However, in recent years, the food stamps program moved to an
electronic benefit transfer (EBT) system that virtually
SB 283
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eliminates the opportunity for recipients to convert food
assistance into drugs.
2)Small Estimated Increase in Caseload . Currently close to 2.5
million low-income families and individuals receive food
stamps. According to DSS' assumptions about the affected
caseload, this bill will increase the number of food stamps
cases by about 3000, with an additional 1300 individuals added
to existing cases, less than a one percent increase in
caseload.
3)Does the Lifetime Ban Make Sense ? According to a report by the
federal Governmental Accountability Office, banning convicted
drug felons who have completed their sentences and paid their
debt to society from critical public assistance, including
food stamps, runs contrary to state and federal initiatives
intended to reduce recidivism by easing prisoner reentry and
fostering prisoner reintegration into society.
The drug felon rule has been the subject of much criticism by
drug treatment providers, advocates for the poor and law
enforcement organizations because it permanently disqualifies
needy persons from receiving assistance and interferes with
their recovery. Individuals may be disqualified even if they
are in a treatment program and need a healthy diet to succeed,
if the conviction occurred long before the time they needed
assistance, or if they have no current substance problem.
A report by the Sentencing Project concluded, "The lifetime
welfare ban . . . makes the possibility of returning to their
communities as productive members more difficult than before
their conviction, and in some cases improbable." The
Sentencing Project also noted a disparate impact of the rule
on women of color, since 46% of women convicted of felony drug
offenses are African-American or Latina.
4)Related Legislation . This bill has been introduced numerous
times. In the last three years, the bill died on the Senate
Appropriations Suspense File. In 2007 and 2008, the bill was
vetoed by Governor Schwarzenegger. In his veto of AB 1996
(Swanson) in 2008, the governor noted, "Extending food stamp
eligibility to drug dealers or traffickers, upon the condition
that they engage in drug treatment, will not ensure these
individuals will stop selling or trafficking illegal drugs.
Therefore, this bill does not provide a targeted approach to
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the right population and does not ensure adequate public
safety protections."
AB 1796 (Leno), Chapter 932, Statutes of 2004, enacted a
partial opt-out for food stamps, covering only persons
convicted of use or possession crimes and requiring proof of
treatment or cessation of use. The passage of that bill
provided eligibility for an estimated 57.5% for the otherwise
eligible drug felon caseload.
Analysis Prepared by : Julie Salley-Gray / APPR. / (916)
319-2081