BILL ANALYSIS
AB 2192
Page 1
GOVERNOR'S VETO
AB 2192 (Bass)
As Amended August 22, 2006
2/3 vote
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|ASSEMBLY: |47-32|(May 31, 2006) |SENATE: |22-12|(August 30, |
| | | | | |2006) |
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|ASSEMBLY: |46-32|(August | | | |
| | |31,2006) | | | |
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Original Committee Reference: HUM. S.
SUMMARY : Permits persons convicted of felony crimes involving
use or possession of drugs to qualify for California Work
Opportunity and Responsibility to Kids (CalWORKs) under
specified circumstances.
The Senate amendments :
1)Add as a basis of eligibility successful completion of a clean
drug test, and quarterly submission to such a test after
establishment of eligibility.
2)End the drug testing requirement after successful completion
of a government-recognized drug treatment program.
3)Eliminate placement on a waiting list for a drug treatment
program as a basis of eligibility.
4)Eliminate vendor payments as an option for families with a
member disqualified by the drug felon rule, requiring that
voucher payments be made to the remaining eligible family
members.
5)Require that families which include persons whose eligibility
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is based upon participation or enrollment in a drug treatment
program be paid through vouchers for at least rent and
utilities until the individual completes a drug treatment
program.
AS PASSED BY THE ASSEMBLY , this bill:
1)Opted California out of the lifetime prohibition on receipt of
benefits funded by the Temporary Assistance for Needy Families
(TANF) block grant and establishes CalWORKs eligibility for
otherwise eligible persons convicted of a drug-related felony
subject to specified conditions.
2)Required that to be eligible for CalWORKs, a person convicted
of a drug-related felony related to possession or use must
provide proof of one of the following:
a) Completion, participation in, enrollment in or placement
on a waiting list for 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 State Department of Social Services.
FISCAL EFFECT : According to the Senate Appropriations Committee
analysis, added CalWORKs caseload costs estimated at $1.3
million in 2006-07 and $1.4 million in 2007-08, but potentially
offsetting state General Fund savings due to a lower number of
parole returns and re-arrests estimated at $700,000 annually.
COMMENTS : This bill partially opts California out of the
lifetime ban on CalWORKs benefits for persons convicted of
drug-related felonies. This is similar to AB 1796 (Leno),
Chapter 932, Statutes of 2004, which opts out of the ban as
applied to food stamps, and to last year's AB 855 (Bass), which
passed the Legislature and was vetoed by the Governor.
The lifetime ban on food stamps and TANF-funded benefits for
persons with felony drug convictions was included in the 1996
federal welfare reform bill, as Section 115 of the Personal
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Responsibility and Work Opportunity Reconciliation Act.
A person may be disqualified even if they are in a treatment
program and need a healthy diet to succeed, or if the conviction
occurred long before the time they needed assistance, or if they
have no current substance problem. Additionally, the rule
disparately affects persons of color. According to the
Sentencing Project, 46% of women convicted of felony drug
offenses are African-American or Latina.
The federal provision gives states the ability to opt out of the
disqualification. California declined to include any opt-out
provision when it implemented welfare reform in 1997. According
to a 2005 report of the Sentencing Project, 25 states plus the
District of Columbia have entirely or partially opted out of the
TANF ban.
The Department of Social Services (DSS) estimates that 373
persons are denied CalWORKs each month because of the drug felon
prohibition.
The 2006-07 Budget appropriates $48.9 million in CalWORKs funds
expressly to be used for substance abuse services. The drug
felon ban prevents a person from receiving CalWORKs substance
treatment services, or any other welfare-to-work services, she
or he may need to become employable.
The rationale supporting the drug felon ban derives in part from
a concern that persons with felony drug convictions are likely
to misuse public benefits to support a substance abuse habit.
The ban, however, requires no such showing and makes no
allowances for those who present no risk.
Senate amendments permit a person to qualify if he or she
successfully completes a drug test and submits to quarterly
testing after eligibility is established. They also delete
placement on a waiting list for a treatment program as a basis
of eligibility.
Senate amendments also require payment by non-cash vouchers to
families which include persons whose basis of eligibility is
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participation or enrollment in a treatment program. Current law
currently requires vouchers (or vendor payments) to the eligible
family members when a person is ineligible under the drug felon
rule. State law also allows counties to provide "restricted
payments" on behalf of a recipient to the provider of shelter
and utilities if the "county determines that the recipient has
demonstrated such an inability to manage funds that payments to
the [parent or relative caretaker] have not been or are not
currently used in the best interest of the child." The voucher
payment provisions of the drug felon rule do not require a
demonstration that a parent or guardian is unable to manage
funds.
GOVERNOR'S VETO MESSAGE :
I strongly support efforts to help people recover from
drug addiction and recently invested $670 million in
statewide drug treatment programs, an increase of $53
million over the previous year. However, I cannot
support this bill as it would provide cash assistance
to drug offenders without adequate public safety
protections.
California already provides resources to help meet the
needs of children whose parents are ineligible for
CalWORKS services because of their drug-related
felony. I am disappointed the Legislature failed to
incorporate all of the reasonable public safety
provisions I recommended when vetoing similar
legislation (AB 855) last year. By not including a
strong drug testing requirement or the use of voucher
payments in lieu of cash for all drug offenders, this
measure does not provide adequate assurances that
these individuals are abstaining from drug use.
Analysis Prepared by : Casey McKeever / HUM. S. / (916)
319-2089
FN: 0017919
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