BILL ANALYSIS
AB 2192
Page 1
Date of Hearing: April 19, 2006
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Judy Chu, Chair
AB 2192 (Bass) - As Introduced: February 22, 2006
Policy Committee: Human
ServicesVote:4 - 2
Urgency: No State Mandated Local Program:
Yes Reimbursable: Yes
SUMMARY
The bill permits parents convicted of felony crimes involving
the use or possession of drugs to qualify for California Work
Opportunity and Responsibility to Kids (CalWORKs) benefits.
Specifically, this bill:
1)Ends California's lifetime prohibition on receipt of benefits
for otherwise eligible parents convicted of drug possession
felonies subject to certain conditions.
2)Continues to bar individuals convicted of trafficking or sales
from CalWORKs benefits.
3)Requires that to be eligible for CalWORKs benefits, an
individual must provide proof of one of the following:
a) Completion, enrollment, or placement in a
government-recognized drug treatment program; or
b) Other evidence that the illegal use of controlled
substances has ceased, pursuant to regulations adopted by
the Department of Social Services (DSS).
4)Permits implementation by all-county letter on January 1,
2007, and requires regulations to be adopted no later than
July 1, 2007.
FISCAL EFFECT
1)CalWORKs Fiscal Impact. There will be CalWORKs costs to the
AB 2192
Page 2
extent this bill increases the number of adults who are added
to CalWORKs caseloads. According to data, 730 adults are
currently excluded from CalWORKs cases because of a drug
conviction. Assuming half, or 365 adults become eligible
under this bill, CalWORKs costs would increase by over
$600,000. Additional costs in employment services and child
care that would become available to these individuals for an
additional increased cost of up to $1.5 million.
The data used for this estimate reflects those individuals who
apply for CalWORKs and are subsequently denied because of a
felony drug conviction. It does not include those individuals
who may be aware of their ineligibility and therefore do not
go through the application process. Depending on the number of
those individuals, the impact on the CalWORKs caseload and the
cost to the program could be significantly higher.
2)Potential Program Savings. A report produced by the Little
Hoover Commission asserts there could be offsetting state GF
savings associated with this policy change due to a lower
number of parole returns and re-arrests. Further, to the
extent that providing this additional income helps stabilize
families, it could result in a reduced foster care caseload
and more successful family reunifications.
COMMENTS
1)Rationale . This bill partially ends California's lifetime ban
on CalWORKs benefits for convicted drug felons. This bill
makes changes to the same extent that AB 1796 (Leno), Chapter
932, Statutes of 2004, addressed drug possession felons'
eligibility for food stamps. Proponents, including a wide
variety of interests such as law enforcement, the ACLU, the
Catholic Conference of Bishops, and the California Food Policy
Advocates, support this bill because it increases the
likelihood that more drug felons will be able to return to a
healthy and stable lifestyle and remain drug free. In
addition, this bill ends what is viewed by some as a
needlessly punitive policy.
2)Background . The premise of the original federal law was that
AB 2192
Page 3
individuals should be prevented from using public benefits to
support substance abuse. However, under current law, county
welfare departments are authorized to use "restricted
payments," often in the form of vouchers paid directly to a
landlord or utility company, to reduce risks that certain
clients will use cash benefits to purchase illegal drugs. The
state-option lifetime ban on food stamps and welfare benefits
for people with felony drug convictions was included in the
1996 federal welfare reform bill. Twelve states have opted out
of the lifetime ban entirely, including Michigan, New York,
Ohio and Oregon. Eight states have conditions that relate to
drug treatment, including Hawaii, New Jersey, and Washington.
3)Related Legislation . Several bills on this topic have been
introduced over the last few years, including AB 1796 (Leno),
chaptered in 2004 and discussed above. Similar CalWORKs
legislation, AB 855 (Bass), passed the Legislature last year
and was subsequently vetoed. According to Governor
Schwarzenegger, AB 855 provided cash and benefits to felony
drug offenders but did not provide adequate assurances that
they were abstaining from drug use. AB 2192 has tried to
address that concern.
AB 1947 (Washington), introduced in 2002, allowed drug felons
who were enrolled in a Proposition 36 program to be eligible
for benefits. Governor Gray Davis vetoed this bill, citing GF
costs.
Analysis Prepared by : Julie Salley-Gray / APPR. / (916)
319-2081