BILL ANALYSIS
AB 1198
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Date of Hearing: May 20, 2009
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Kevin De Leon, Chair
AB 1198 (Swanson) - As Introduced: February 27, 2009
Policy Committee: Human
ServicesVote:5 - 2
Urgency: No State Mandated Local Program:
Yes Reimbursable: Yes
SUMMARY
This bill eliminates California's lifetime disqualification from
federal food stamps benefits for individuals who have been
convicted of drug-related felonies. Specifically, this bill:
1)Allows individuals who have been convicted of drug-related
felonies to receive federal food stamps benefits.
2)Requires people with convictions to provide proof of one of
the following criteria in order to receive food stamps:
a) Completion of a drug treatment program.
b) Participation in a drug treatment program.
c) Enrollment in a drug treatment program.
d) Placement on a waiting list for a drug treatment
program.
e) Other evidence that the illegal use of controlled
substances has ceased.
FISCAL EFFECT
1)Up to $1 million in food stamps benefits to the extent
additional individuals receive food stamps. For every 900
beneficiaries, about $1 million in food stamps are received
annually. These benefits are 100% federal funds.
AB 1198
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2)Minor absorbable workload to local welfare departments to
process additional food stamps applications or adjust existing
family food stamps benefits.
3)Unknown GF and local tax revenues to the extent that new food
stamp 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 has been
moved to an electronic benefit transfer (EBT) system that
virtually eliminates the opportunity for recipients to convert
food assistance into drugs.
2)Small Estimated Increase in Caseload . Currently close to 2
million low-income families receive food stamps. According to
previous Department of Social Services' (DSS) assumptions
about the affected caseload, this bill will increase the
number of food stamps recipients by about 840, significantly
less than a one percent increase in caseload, and most of
these newly eligible participants will be part of families
already receiving food assistance.
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.
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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. In 2008, AB 1996 (Swanson) a
substantially similar bill was vetoed by the governor. In his
veto message he stated, "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 the right
population and does not ensure adequate public safety
protections."
In 2007, AB 508 (Swanson) would have repealed the lifetime
disqualification from food stamps for persons convicted of
specified felonies involving controlled substances. The bill
was vetoed. In his veto message, the governor noted that "the
current requirement for drug-related felons to participate in
a drug treatment program, or provide evidence that drug usage
has ceased, remains a viable intervention prior to eligibility
in the Food Stamp Program." AB 1996 has addressed these
concerns by mirroring the eligibility requirements of AB 1796
(see below) which was signed by the governor in 2004.
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
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provided eligibility for an estimated 57.5% for the otherwise
eligible drug felon caseload. AB 1996 would extend
eligibility to the remaining 42.5 percent.
Analysis Prepared by : Julie Salley-Gray / APPR. / (916)
319-2081