BILL ANALYSIS Ó
SENATE HUMAN
SERVICES COMMITTEE
Senator Carol Liu, Chair
BILL NO: SB 1029
S
AUTHOR: Hancock
B
VERSION: March 20, 2014
HEARING DATE: April 8, 2014
1
FISCAL: Yes
0
2
CONSULTANT: Mareva Brown
9
SUBJECT
CalWORKs and CalFresh eligibility
SUMMARY
This bill deletes the prohibition against receiving
CalWORKs and CalFresh benefits for people who have been
convicted of drug possession, use or distribution of a
controlled substance, except during any period when
supervised release has been revoked. It requires the
Department of Social Services (CDSS) to request a waiver
from the federal government to allow pre-enrollment of
eligible applicants within one month of an individual's
release from county jail or state prison and requires
counties to implement this pre-enrollment program within
six months of a waiver being granted.
ABSTRACT
Existing law :
1. Establishes in Federal law the Temporary Assistance
to Needy Families (TANF) program to provide assistance
Continued---
STAFF ANALYSIS OF SENATE BILL 1029 (Hancock)
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to needy families so that children may be cared for in
their own homes or in the homes of relatives, and to
end the dependence on government benefits by promoting
job preparation, work and marriage. (45 CFR 260.2).
2. Establishes the California Work Opportunity and
Responsibility to Kids (CalWORKs) Act, to provide cash
benefits, employment training and other supports to
low-income families through a combination of state and
county funds and federal funds through the TANF block
grant. (WIC 11200, et seq)
3. Establishes under federal law the Supplemental
Nutrition Assistance Program (SNAP) to promote the
general welfare and to safeguard the health and
wellbeing of the nation's population by raising the
levels of nutrition among low-income households. (7
CFR 271.1)
4. Establishes in California statute the CalFresh
program to administer the provision of federal SNAP
benefits to eligible families and individuals. (WIC
18900 et seq.)
5. Establishes in federal law a ban against providing
assistance and benefits through TANF or SNAP for
individuals convicted of any offense classified as a
felony which includes as an element the possession,
use or distribution of a controlled substance, but
also permits states to opt out of this ban. (21 U.S.C.
862a)
6. 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 or state statute. (WIC
11215.3)
STAFF ANALYSIS OF SENATE BILL 1029 (Hancock)
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7. Provides in California statute that individuals
convicted of certain drug felonies who are ineligible
for CalWORKs benefits also are ineligible to receive
non-medical benefits. (WIC 17012.5)
8. Permits eligibility for CalFresh for some drug
felony convictions, but continues to ban CalFresh
benefits for 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 for individuals
who have been convicted of soliciting, inducing,
encouraging or intimidating a minor to participate in
any such crimes. (WIC 18901.3)
9. 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. (WIC 18901.3)
This bill :
1) Repeals California WIC 11251.3, which prohibits
individuals with felony drug convictions from
eligibility in the CalWORKs program, and removes an
outdated duplicative section.
2) Enacts new language under the same code that
establishes California's opt-out language for drug
felony convictions, as specified, and requires that an
individual convicted in state or federal court after
December 31, 1997, including any plea of nolo
contendere, of any offense classified as a felony that
has as an element the possession, use, or distribution
of a controlled substance shall be eligible to receive
STAFF ANALYSIS OF SENATE BILL 1029 (Hancock)
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CalWORKs benefits.
3) Requires that as a condition of eligibility for
CalWORKs an individual convicted of a felony with an
element of the use of possession, use or distribution
of a controlled substance and who is on probation,
parole, or 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.
4) Establishes that if a county Human Services Agency
receives verification that an individual's supervised
release has been revoked, resulting in the
individual's incarceration, the individual shall
become ineligible for CalWORKs benefits under this
section for the duration of the revocation period.
5) Permits CDSS to implement this section by
all-county letters or similar instructions prior to
January 1, 2016, and requires CDSS to adopt
regulations by January 1, 2016, that implement the
statute on and after January 1, 2016.
6) Repeals WIC 17012.5, which stipulates that
individuals ineligible for aid due to the CalWORKs ban
on providing aid to individuals convicted of specified
drug felonies, who is a member of an assistance unit
receiving aid under that chapter, shall also be
ineligible for general assistance benefits.
7) Amends CalFresh statute to permit eligibility for
any 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 specified.
8) Requires that a CalFresh applicant with a drug
conviction who is on probation, parole, or any other
form of supervised release shall comply with the terms
of the supervised release, as specified.
9) Requires that if a county Human Services Agency
receives verification that an individual's supervised
STAFF ANALYSIS OF SENATE BILL 1029 (Hancock)
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release has been revoked, resulting in the
individual's incarceration, the individual shall
become ineligible for CalFresh benefits for the
duration of the revocation period.
10) Removes the requirement that an individual
complete, participate in, enroll in or provide proof
of placement on a wait list for a
government-recognized drug treatment program, or
provide other evidence to DSS that drug use has
ceased, and replaces the language with the requirement
that an individual participate in a
government-recognized drug treatment program if
required as an element of probation, parole or any
other form of supervised release.
11) Permits DSS to implement and administer this
section until January 1, 2016 by all-county letters or
similar instructions 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 regulation to implement this
section by January 1, 2016.
12) Removes outdated language related to implementation
of the prior drug felony implementation procedures.
13) Requires DSS to submit to the USDA's Food and
Nutrition Services on or before March 31, 2015, a
request to waive Section 273.1(b)(7)(vi) of Title 7 of
the Code of Federal Regulations to allow for the
pre-enrollment of otherwise eligible applicants to the
CalFresh program up to one month prior to the
applicant's reentry into the community from county
jail or state prison.
14) Requires that DSS implement the pre-enrollment
process in coordination with the Chief Probation
Officers of California, the County Welfare Director's
Association and client advocates within six months of
the waiver approval.
FISCAL IMPACT
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This bill has not been analyzed by a fiscal committee.
BACKGROUND AND DISCUSSION
Purpose of the bill :
The author states that thousands of Californians are
released from prison or jail every year on parole or
probation, but that with few or no job prospects,
approximately two-thirds of those released from prison will
be rearrested - and almost one-half will be re-incarcerated
- within three years of their release.
According to the author, SB 1029 will reduce the recidivism
of people with prior drug-related convictions and crime in
low-income communities by repealing the lifetime ban of
CalFresh food assistance. This bill also will make
available CalWORKs basic needs grants, job training and
supports for people with prior drug felony convictions, as
long as they are complying with the conditions of their
release, the author states. Restoring access to these
benefits to people with prior drug-related felony
convictions will not only improve outcomes of very
vulnerable families but also improve public safety by
increasing their chances of employment and financial
stability and reducing their risks of reoffending,
according to the author.
CalWORKs
The California Work Opportunity and Responsibility to Kids
(CalWORKs) program provides monthly income assistance and
employment-related services aimed at moving children out of
poverty and helping families meet basic needs. Federal
funding for CalWORKs comes from the Temporary Assistance
for Needy Families (TANF) block grant. The average monthly
cash grant for a family of three on CalWORKs (one parent
and two children) is $463. According to recent data from
the California Department of Social Services, 554,292
families rely on CalWORKs, including more than 1 million
children. Nearly 80% of the children are under age 12.
An average grant of $463 per month for a family of three
provides $15.43 per day for a family to meet basic needs,
STAFF ANALYSIS OF SENATE BILL 1029 (Hancock)
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including rent, clothing, utility bills, food, and anything
else a family needs to ensure children can be cared for at
home and safely remain with their families. This grant
amount puts the annual household income at $5,556 per year.
By comparison, Federal Poverty Guidelines show that 100%
of the annual poverty level for a family of three is
$19,790. Information from CDSS indicated there were
approximately 10,500 child-only CalWORKs cases that include
an ineligible adult related to felony status in 2012.
CalFresh and Food Insecurity
CalFresh benefits are funded by the US Department of
Agriculture's (USDA) Food and Nutrition Service. They may
be used only to purchase food for human consumption or
seeds and plants to grow for household use. The USDA sets
specific eligibility requirements for SNAP programs across
the United States, including a gross and net income asset
test, work requirements, and other documentation
requirements. The average monthly CalFresh benefit for a
CalFresh recipient is $153.13 per month, or $5.10 per
person per day. (The maximum monthly CalFresh benefit for a
household of four is $632, or $5.27 per person per day.)
Overall, the CalFresh caseload has grown steadily since
2001, including an increase of more than 1 million people
between 2010 and 2013, in the wake of the Great Recession.
However, California still remains last among other states
in participation, with just 57 percent of eligible
individuals enrolled in the program in 2011 compared to the
national average of 79 percent.
Nationally, the USDA estimates that 14.5 percent of
American households were food insecure at least some time
during the year in 2012, meaning they lacked access to
enough food for an active, healthy life for all household
members.<1> A research brief published in 2012 by UCLA's
Center for Health Policy Research and the California Food
Policy Advocates noted that in 2009, at the height the
Recession, more than 4 in 10 Californian adults, roughly
3.8 million people, suffered from food insecurity. Of
those, more than one third - 1.4 million people - reported
very low food security, defined as skipping meals or
-------------------------
<1> USDA "Household Food Security in the United States in
2012," Economic Research Report No. (ERR-155) September
2013
STAFF ANALYSIS OF SENATE BILL 1029 (Hancock)
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having to cut back on food. Nationally, about 5.7 percent
of Americans suffered from very low food security.
Ban on 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 assistance
through the SNAP program or TANF benefits. Later, the act
was amended to allow states the option to modify or opt out
of this ban. A year later, California adopted the ban (AB
1260 (Ashburn) Chapter 284, Statutes of 1997.) Since then,
many states have rescinded or modified the ban.
Previous efforts have been made to rescind or modify
California's ban. Ten years ago, the legislature passed AB
1796 (Leno, Chapter 932, Statutes of 2004), establishing a
partial exemption to the federal ban for individuals who
were convicted of drug possession or use felonies, allowing
them to receive CalFresh benefits subject to conditions
related to drug treatment. Efforts to expand CalFresh
benefits to the felons convicted of drug sales and other
drug crimes have been unsuccessful as have efforts to
modify the ban to permit CalWORKs eligibility.
A 2005 report by the U.S. General Accounting Office<2>
indicated that about 15 percent of all drug offenders and
more than one-fourth of female prisoners released in 2001
would have been affected by the drug ban in states that did
not modify their exclusionary statutes. The GAO estimated
in the same study that about a quarter of all prisoners
released with drug convictions were custodial parents whose
reported income was below federal poverty thresholds for
food stamps.
A 2013 study by researchers at Yale University found that
released felons who were banned from SNAP had higher rates
of food insecurity, and that nearly one-quarter of the
study pool experienced very low food security. It also
linked those with higher food insecurity to illegal
activity. The study followed 110 recent parolees in
-------------------------
<2> Drug Offenders: Various Factors May Limit the Impacts
of Federal Laws That Provide for Denial of Selected
Benefits, GAO-05-238, (Washington, D.C.: September, 2005)
http://www.gao.gov/new.items/d05238.pdf
STAFF ANALYSIS OF SENATE BILL 1029 (Hancock)
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California, Texas and Connecticut and found that 91 percent
experienced food insecurity and that 37 percent had not
eaten for one full day in the prior month. Those that had
not eaten for a day were more likely to engage in the sex
trade in order to feed themselves or their families than
those who had eaten at least one meal every day, the study
concluded. Yale researchers found that those who had not
eaten also were more likely to engage in drug use prior to
engaging in the sex trade.<3>
The study's lead researcher, Ellen Wang, an assistant
professor of internal medicine at the Yale University
School of Medicine, told an interviewer that she realized
there might be a link between lack of access to food and
high-risk behavior when she was working at a clinic in
California. One of her patients there, who had been denied
public food assistance, said she had no choice but to
return to prostitution to feed her family.<4>
The study prompted an editorial in The New York Times
urging states to revoke the ban on eligibility for drug
felons, noting that the restrictions affect the country's
most vulnerable families, including women with children.
"The researchers call for further study. But it is already
clear that the bans are counterproductive and that it is
time for states that have not completely lifted them to do
so."<5>
In September 2013 the Congressional Research Service
released a study on the usefulness of these exclusions in
TANF, SNAP and Housing Assistance programs.<6> The authors
noted that proposals to modify restrictions in public
social service polices around drug conviction policies
highlight a tension that exists between the desire to use
-------------------------
<3> "A Pilot Study Examining Food Insecurity and HIV Risk
Behaviors among Individuals Recently Released from Prison,"
Wang, Emily et al, AIDS Education and Prevention
<4> "Study: Felons banned from food stamps at higher risk
of HIV," CT Post, April 6, 2013.
<5> "Unfair Punishments," New York Times editorial, March
16, 2013
<6> "Drug Testing and Crime-Related Restrictions in TANF,
SNAP, and Housing Assistance," Congressional Research
Service, September 2013.
https://www.fas.org/sgp/crs/misc/R42394.pdf
STAFF ANALYSIS OF SENATE BILL 1029 (Hancock)
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these policies as a deterrent or punishment and the desire
to support the neediest families, including those that have
ex-offenders in the household.
"Throughout the history of social assistance programs,
administrators have attempted to limit access only to
those families considered "worthy" of assistance.
Policies about worthiness have included both judgments
about need - generally tied to income, demographic
characteristics, or family circumstances - and
judgments about moral character, often as evidenced by
behavior. Past policies evaluating moral character
based on family structure have been replaced by
today's policies, which focus on criminal activity,
particularly drug-related criminal activity. The
existing crime and drug-related restrictions were
established in the late 1980s through the mid-1990s,
when crime rates, especially drug-related violent
crime rates, were at peak levels. While crime rates
have since declined, interest in expanding these
policies has continued."
Recidivism and Criminal Justice Realignment
AB 109 is one of a package of bills that together comprise
the Public Safety Realignment of 2011. Realignment had
several purposes, including reducing the troubled state
prison system's population to 137 percent of capacity from
150 percent of capacity. Public Safety Realignment revises
the definition of a felony to include certain crimes that
are punishable in jail for more than one year, directs that
certain non-violent and non-sex offenders serve time in
jails instead of prisons and makes other changes, notably
to post-release supervision.
One result of realignment has been to refocus county
efforts to reduce recidivism. A 2011 report by Pew Center
on the States<7> ranked California second-worst in the
nation for recidivism with a rate of 58 percent, nearly 15
percentage points higher than the national average of 43
-------------------------
<7> "State of Recidivism: The Revolving Door of America's
Prisons," Pew Center on the States, April 2011,
http://www.pewtrusts.org/uploadedFiles/wwwpewtrustsorg/Repor
ts/sentencing_and_corrections/State_Recidivism_Revolving_Doo
r_America_Prisons%20.pdf
STAFF ANALYSIS OF SENATE BILL 1029 (Hancock)
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percent. California's sheer number skews the average - this
state released 118,189 people from state prison during that
time frame, nearly four times as many as Illinois and
nearly five times as many as New York. The next closest
state, Texas, released 72,130 prisoners and had a
recidivism rate of just 32 percent.
As California and other states focus efforts on reducing
recidivism, several themes in best practices have emerged
centered around pre-release planning for the individual
needs of prisoners, including drug rehabilitation, mental
health treatment and job skills. The California Department
of Corrections last month announced a Long Term Offender
Pilot Program to help individuals who have been imprisoned
for some time find housing and community services, as well
as learning to adjust to living in communities.
Other States
According to the Congressional Research Service, 21 states
had fully repealed laws that would disqualify drug felons
from receiving SNAP, or nutritional, benefits as of August
2012. Those states include Illinois, Kansas, New York, Ohio
and Pennsylvania. Another 20, including California, have
modified their disqualification laws. 12 states, including
Alabama, Arizona, Texas and South Carolina, maintain the
lifetime disqualification.
Prior legislation :
SB 283 (Hancock), 2013, was substantially similar to this
bill. It would have repealed the lifetime ban on CalWORKs
and CalFresh and required pre-enrollment for eligible
applicants to the CalFresh program prior to release from
jail or prison. This bill was held in the Assembly
Appropriations Committee.
SB 1060 (Hancock), 2012, would have repealed the lifetime
ban on CalWORKs eligibility subject to conditions related
to drug treatment. This bill was held in the Senate
Appropriations Committee.
SB 1506 (Leno) 2012, would have revised the penalty for
simple possession of a controlled substance from a felony
STAFF ANALYSIS OF SENATE BILL 1029 (Hancock)
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to a misdemeanor offense. This bill failed on the Senate
Floor.
AB 828 (Swanson) 2011 and AB 1756 (Swanson) 2010 proposed a
complete opt out of the ban on CalFresh eligibility for
applicants convicted of felony drug offenses, but did not
address CalWORKs eligibility. These bills were held in the
Senate Appropriations Committee.
AB 1996 (Swanson) 2008, proposed a complete opt out of the
ban on CalFresh eligibility. This bill was vetoed by the
Governor.
AB 508 (Swanson) 2007, proposed a complete opt out of the
ban on CalFresh eligibility for applicants convicted of
felony drug offenses, but did not address CalWORKs
eligibility. The bill was vetoed by the Governor.
AB 1796 (Leno) Chapter 932, Statutes of 2004, established a
partial exemption to the federal ban for individuals who
were convicted of drug possession/use felonies to receive
CalFresh benefits subject to conditions related to drug
treatment. The bill did not modify eligibility for CalWORKs
benefits.
SB 659 (Wright) 1999, would have ended the 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.
AB 1260 (Ashburn) Chapter 284, Statutes of 1997,
established the lifetime ban on eligibility for CalWORKs
and CalFresh for otherwise eligible individuals who had
been convicted of a drug felony.
Comments :
1. This legislation has been attempted by numerous
STAFF ANALYSIS OF SENATE BILL 1029 (Hancock)
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authors over the past decade. This author introduced a
substantially similar bill in 2013, which was held in
the Assembly Appropriations Committee. The author
states that SB 1029 represents a compromise to prior
efforts. Unlike prior version of the bill, which
sought an outright removal of the ban on individuals
who had been convicted of drug felonies, this bill
instead vests control of a person's eligibility in a
county probation or state parole officer by making
receipt of benefits contingent upon compliance with
supervised release.
2. This bill includes a requirement that counties
pre-enroll applicants in county jail or state prison
up to one month prior to their release to the
community. This pre-enrollment requires a federal
waiver and coordination between the state and counties
to identify inmates prior to release and link them to
the counties where they will be released. This
proposal has been discussed by advocates and the
Administration yet questions remain about how to
implement a pre-enrollment process, including whether
inmates would still need to have applications
processed at a county welfare office, and who would be
responsible for identifying and pre-enrolling inmates.
Given unresolved questions about implementation and
cost, the author has asked to delete this section of
the bill.
Staff recommends, at the author's request, striking
the following language:
SEC. 6.
18901.35.
The department shall submit to the United States Department
of Agriculture's Food and Nutrition Service, on or before
March 31, 2015, a request to waive Section 273.1(b)(7)(vi)
of Title 7 of the Code of Federal Regulations to allow for
the preenrollment of otherwise eligible applicants to the
CalFresh program up to one month prior to the applicant's
reentry into the community from county jail or state
STAFF ANALYSIS OF SENATE BILL 1029 (Hancock)
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prison. The department shall implement a preenrollment
process in coordination with the Chief Probation Officers
of California, the County Welfare Directors Association of
California, and client advocates within six months of the
waiver approval.
POSITIONS
Support: County Welfare Directors Association
(Co-Sponsor)
Western Center on Law and Poverty
(Co-Sponsor)
A New Way Of Life
Alameda County Community Food Bank
All of Us or None
American Civil Liberties Union of California
American Federation of State, County and
Municipal Employees
Americans For Safe Access
Amity Foundation
Asian Americans Advancing Justice - Los
Angeles
Bayview Charities
Black Alliance for Just Immigration
Burbank Family Optometry
Butte County Department of Employment and
Social Services
Calaveras Health and Human Services Agency
California Association of Food Banks
California Catholic Conference
California Coalition for Women Prisoners
California Communities United Institute
California Council of Community Mental
Health Agencies
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
STAFF ANALYSIS OF SENATE BILL 1029 (Hancock)
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California State Association of Counties
Californians United for a Responsible Budget
Children's Defense Fund- California
City and County of San Francisco
Coalition of California Welfare Rights
Organizations, Inc.
Community Coalition
Community Food and Justice Coalition
Community Health Councils, Inc.
Community Services Unlimited Inc.
Contra Costa County Board of Supervisors
Cottage Housing INC
County of San Luis Obispo Department of
Social Services
Courage Campaign
Drug Policy Alliance
East Bay Community Law Center
Ecology Center
Ella Baker Center for Human Rights
Fair Chance Project
Fair Trade LA
Families in Good Health
Feeding America San Diego
Food Chain Workers Alliance
Friends Committee on Legislation of
California
Further The Work
Homeless Healthcare Los Angeles
Housing California
Humbolt county Department of Health and
Human Services
Hunger Action Los Angeles
Hunger Advocacy Network
Inner City Law Center
InnerCity Struggle
Interfaith Community Services
Justice Now
JWCH Institute Inc.
L.A. Kitchen
Lawyers' Committee for Civil Rights of the
San Francisco Bay Area
Legal Services for Prisoners with Children
LifeLong Medical Care
LIUNA Locals 777 & 792
Los Angeles Alliance for a New Economy
STAFF ANALYSIS OF SENATE BILL 1029 (Hancock)
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Los Angeles Community Action Network
Los Angeles Human Right to Housing
Collective
Los Angeles Metropolitan Churches
Los Angeles Regional Food Bank
Maternal and Child Health Access
Meals4Hunger
Men Making a Change
National Association of Social Workers Ca
Chapter Women's Council
National Employment Law Project
Nevada County Department of Social Services
North County Community Services
PICO California
PolicyLink
POWER
Project New Village
Prototypes
Public Interest Law Project
River City Food Bank
Sacramento Homeless Organizing Committee
Sacramento Housing Alliance
San Diego County District Attorney, Bonnie
M. Dumanis
San Diego Hunger Coalition
San Diego Organizing Project
San Francisco Living Wage Coalition
San Luis Obispo County Department of Social
Services
Service Employees International Union
SF Marin Food Bank
Slow Food California
Solano County Board of Supervisors
South Bay Community Services
St. Anthony Foundation
St. Francis Center
St. John's Well Child and Family Center
St. Mary's Episcopal Church
The Global Action Research Center
The Greater Los Angeles Collective
The Greenlining Institute
The Peace Resource Center of San Diego
The Palavra Tree, Inc
The Sober Living Network
The Urban Collective
STAFF ANALYSIS OF SENATE BILL 1029 (Hancock)
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The Urban Counties Caucus
The Women's Foundation of California
T.R.U.S.T South LA
Union de Vecinos
Violence Prevention Coalition of Greater Los
Angeles
Western Regional Advocacy Project
Women Organizing Resources Knowledge
&Services
Youth Justice Coalition
86 individuals (79 of the 86 individuals
listed are homeless)
Oppose: None received.
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