BILL ANALYSIS
SENATE HUMAN
SERVICES COMMITTEE
Senator Carol Liu, Chair
BILL NO: AB 1198
A
AUTHOR: Swanson
B
VERSION: February 27, 2009
HEARING DATE: June 23, 2009
1
FISCAL: To Appropriations
1
9
CONSULTANT:
8
Lane
SUBJECT
Food stamp eligibility: drug felons
SUMMARY
Allows individuals convicted of specific drug felonies to
receive federal food stamps benefits if they meet certain
treatment conditions.
ABSTRACT
Current federal law
1) Establishes the food stamp program (now called the
supplemental nutrition assistance program - SNAP) to
provide benefits to qualifying low-income persons to
purchase food.
2) Prohibits applicants for food stamps from qualifying if
they have been convicted of a felony crime involving
controlled substances, but allows states to opt out of the
disqualification in whole or in part.
Current state law
1) Opts out of the federal prohibition against food stamp
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eligibility, in part, for persons convicted of a drug
felony who can 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.
2) Retains the federal prohibition against eligibility for
food stamps for persons convicted of a felony involving
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 convicted of a felony involving
soliciting, inducing, encouraging, or intimidating a minor
to participate in any such crimes.
This bill
1) Allows individuals to receive food stamp benefits if
they have been found guilty of a felony involving
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 convicted of a felony involving
soliciting, inducing, encouraging, or intimidating a minor
to participate in any such crimes.
2) Requires the individuals described in #1 above 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 IMPACT
According to the Assembly Appropriations Committee
analysis, this bill will provide up to $1 million in
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federal food stamps benefits to individuals who are
currently ineligible, and it will have a minor absorbable
workload to local welfare departments to process additional
food stamps applications or adjust existing family food
stamps benefits.
BACKGROUND AND DISCUSSION
The food stamp program is one of California government's
means of reducing hunger and improving nutrition among the
state's poor. It serves nearly two million people.
Federal funds pay the full cost of benefits, which are paid
monthly through an electronic benefit transfer system or
EBT card. The federal, state, and county governments share
the cost of administration. The program is administered by
county welfare departments.
Background
The lifetime ban on food stamps for persons with felony
drug convictions was included in the 1996 federal welfare
reform bill (Section 115 of the Personal Responsibility and
Work Opportunity Reconciliation Act). The law gives states
the authority to opt out of the ban in whole or in part.
In 2004, California allowed drug users to apply for food
stamps (AB 1796, Leno, Chapter 932, Statutes of 2004) on
the condition that they offer proof of completing,
participating or enrolling in or placement on the waiting
list of a government-recognized drug treatment program.
This bill would expand eligibility for food stamps to
persons convicted of drug manufacturing, distribution, or
intent to sell. It is similar to bills vetoed twice by the
governor. In his veto message last year, the governor said
that he supports drug treatment programs for drug users,
but pointed out that the bill's expansion of food stamp
eligibility to drug distributors based on the incentive of
drug treatment was not an appropriate solution because
treatment does not stop the distribution.
The author indicates that he will be working with the
governor to find the appropriate solution for this
population of convicted drug felons.
According to the author, the premise of the original rule
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was that substance abusers should be prevented from
misusing public benefits to fuel their addiction. However,
the lifetime ban denies aid to persons who have served
their sentences, and the ban does not require any showing
that the individual remains involved with manufacturing or
distribution of controlled substances.
Other states' actions
According to a 2005 report by the General Accounting
Office, 15 states ban convicted drug felons from receiving
food stamp benefits and 35 states have laws modifying the
federal ban. Of those 35 states, 14 exempt all convicted
drug felons from the food stamp ban and 21, including
California, have laws that exempt some convicted drug
felons from the food stamp ban under certain conditions.
Related legislation
AB 1996 (Swanson), of 2008, would have expanded eligibility
for food stamp program benefits to convicted drug felons
who distributed the illegal controlled substances, as
specified; the bill was vetoed by the governor.
AB 508 (Swanson), of 2007, would have repealed the lifetime
disqualification from food stamps for persons convicted of
specified felonies involving controlled substances; the
bill was vetoed by the governor.
Previous votes
Assembly Floor 45-31
Assembly Appropriations 11-4
Assembly Human Services 5-2
Arguments in support
Supporters argues that a ban on food stamps for people
convicted of certain drug felonies undermines their ability
to become self sufficient, reintegrate successfully into
society, and provide for their families. They state that
the ban hinders California's efforts to reduce recidivism.
Supporters note that electronic benefit transfer cards
cannot be exchanged for cash and provide income for grocers
and farmers.
Arguments in opposition
Opponents fear that some recipients will use these benefits
to assist in the sale or procurement of controlled
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substances, in part because they mistrust the ability of
electronic benefit transfers (EBT debit cards) to prevent
fraud. Sacramento County's district attorney asserts that
narcotics traffickers are among the most likely persons to
convert their benefits to cash in order to further their
association with narcotics.
POSITIONS
Support: American Civil Liberties Union
California Catholic Conference
California Attorneys for Criminal Justice
JERICHO
California Communities United Institute
California Commission on the Status of
Women
California Food Policy Advocates
Coalition of California Welfare Rights
Organizations, Inc
County Welfare Directors Association
Drug Policy Alliance Network
Western Center on Law and Poverty
Oppose: California District Attorneys
Association
District Attorney of Sacramento County
Office of the District Attorney County
of Tulare
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