BILL ANALYSIS
AB 1756
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Date of Hearing: April 13, 2010
ASSEMBLY COMMITTEE ON HUMAN SERVICES
Jim Beall, Jr., Chair
AB 1756 (Swanson) - As Amended: April 5, 2010
SUBJECT : Food stamp eligibility: felons
SUMMARY : Restores federal food stamp eligibility to all
Californians with drug felony convictions; and eliminates the
eligibility conditions for drug users and possessors.
EXISTING LAW :
1)Prohibits, under federal law, applicants for food stamps or
benefits funded by Temporary Assistance for Needy Families
(TANF) funds 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 part.
2)Opts into the federal prohibition on federal food stamp
eligibility for persons convicted of drug trafficking, as
defined, or who have been convicted of soliciting, inducing,
encouraging or intimidating a minor to participate in any such
crimes.
3)Opts out of the federal prohibition on food stamp eligibility
for "drug users" convicted of a drug felony, as defined, 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.
FISCAL EFFECT : Unknown
COMMENTS : The Food Stamp Program (FSP) is California's most
significant means of reducing hunger and improving nutrition
among the state's poor. It serves a total of over 3 million
Californians. The benefits, paid monthly through an electronic
benefit transfer system or "EBT" card, are entirely funded by
the federal government. The federal, state and county
governments share the cost of administration. The program is
administered locally by county welfare departments.
Background: The lifetime ban on food stamps and TANF-funded
AB 1756
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benefits 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). However, this new law also gave states the ability to opt
out of the ban for either of these programs or based on
particular drug felonies. California declined to include any
opt-out provision when it implemented welfare reform in 1997,
but several years later, with AB 1796 (Leno), Chapter 932,
Statutes of 2004, opted out of the ban for drug users applying
to the FSP. These individuals were deemed eligible for these
benefits based on the condition that they offer the following
proof: completion of, participation or enrollment in, placement
on a waiting list to a government-recognized drug treatment
program, or other proof of having ceased using illegal drugs.
The author of this bill seeks to opt out of the ban for drug
distributors and eliminate the above-references conditions.
This bill is similar to the one that the author introduced last
year (it was ultimately held in the Senate Appropriations
Committee), but as already mentioned, no longer contains the
conditions that were placed upon drug users.
Under a prior version of this bill, the Governor's veto message
clarified 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.
Other states actions : According to a 2005 report by the General
Accounting Office (GAO), 15 states fully implemented the federal
ban on food stamp benefits to convicted drug felons, and 35
states had laws modifying the federal ban on food stamps. Of
the 35 states with exemptions, 14 states exempted all convicted
drug felons from the food stamp ban, and 21 have laws that
exempt some convicted drug felons from the food stamp ban
provided they meet certain conditions.
Who is affected by this bill ? The GAO report also notes that
proportionally more female drug felons than males are affected
by the ban. The GAO calculates that about 27% of female and 15%
of all drug offenders released from prison in 2001 in states
that had not modified the ban would have met the eligibility
requirements and therefore, be affected by the ban.
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Nutrition and drug felons : 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 otherwise needy persons from receiving
food assistance and may interfere with their current or
continued recovery.
The premise of the original rule 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 sentence without a showing that they are drug
dependent and would use the benefits to further their habit.
Additionally, the food stamp program has converted to an EBT
system in which benefits are received through a debit card
subject to electronic tracking, and there is very little ability
for recipients to convert food assistance into drugs.
Supporters also contend that passage of Proposition 36 in 2000
demonstrated the voters' intention to take a remedial,
non-punitive approach to substance abuse. They also contend
that the lifetime ban imposes a special penalty only upon
persons poor enough to need public assistance; those convicted
of such crimes who do not need food stamps or cash aid face no
added financial penalty beyond the criminal consequences.
The Western Center on Law & Poverty (WCLP) supports this bill.
WCLP states that, "The lifetime ban on Food Stamps for people
with past drug felony convictions creates barriers to successful
integration back into society. Access to Food Stamps would help
with the recovery process, prevent recidivism and support
parents in rebuilding their relationships with their children.
The ban undermines California's efforts to reduce recidivism of
parolees and probationers while reducing state correction
costs."
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Related Legislation :
AB 1198 (Swanson), 2009-10, would have expanded eligibility for
the FSP benefits to convicted drug felons who distributed
illegal controlled substances, if they provide proof of one of
the following subsequent to their most recent drug-related
conviction: 1) Completion of, participation or enrollment in, or
placement on a waiting list for a government-recognized drug
treatment program; or 2) Other evidence that the illegal use of
controlled substances has ceased, as established by State
Department of Social Services regulations. Held on Senate
Appropriations Suspense File.
AB 1996 (Swanson) 2007-2008, would have expanded eligibility for
FSP benefits to convicted drug felons who distributed the
illegal controlled substances, as specified. Vetoed by the
Governor.
AB 508 (Swanson) 2007-08, would have repealed the lifetime
disqualification from food stamps for persons convicted of
specified felonies involving controlled substances. Vetoed by
the Governor.
REGISTERED SUPPORT / OPPOSITION :
Support
Western Center on Law & Poverty
Opposition
None on file
Analysis Prepared by : Frances Chacon / HUM. S. / (916)
319-2089