BILL ANALYSIS �
SENATE HUMAN
SERVICES COMMITTEE
Senator Carol Liu, Chair
BILL NO: SB 1060
S
AUTHOR: Hancock
B
VERSION: February 13, 2012
HEARING DATE: March 27, 2012
1
FISCAL: Appropriations
0
6
CONSULTANT:
0
Brown
SUBJECT
CalWORKs benefits: Lifetime Ban
SUMMARY
Deletes the existing prohibition against receiving CalWORKs
benefits if the applicant has a felony conviction in state
or federal court for a drug offense, including crimes of
possession, use, or distribution of controlled substances.
ABSTRACT
Current law
1) Provides for the allocation of federal funds to
low-income families in California and other states
through the Temporary Assistance for Needy Families
(TANF) block grant.
2) Provides for qualified low-income families to
receive cash assistance and other benefits through the
California Work Opportunity and Responsibility to Kids
Continued---
STAFF ANALYSIS OF SENATE BILL 1060 (Hancock) Page
2
(CalWORKs) program. Under this program, each county
provides assistance through a combination of state and
county funds and federal funds through the TANF
program.
3) Prohibits in federal statute receiving TANF
benefits through a state program if an individual has
been convicted of a felony crime of possession, use or
distribution of controlled substance.
4) Provides through federal statute the ability for
states to exempt individuals from this provision.
5) Provides in California statute that an individual
is ineligible for aid under the CalWORKs program if
they have been convicted in state or federal court of
a felony that has, as an element of the conviction,
possession, use or distribution of a controlled
substance as defined under federal Controlled
Substances Act or the California Uniform Controlled
Substances Act.
6) Provides for the continuous appropriation of moneys
from the General Fund to defray a portion of county
costs under the CalWORKs program.
This bill
1) Deletes existing provisions of California law that
prohibit an individual from receiving non-health
benefits if they a drug felony conviction.
2) Establishes that a person convicted of a drug
felony shall be eligible for to receive CalWORKs
benefits under specified conditions of eligibility:
a. If an individual has completed a
government-recognized drug treatment program,
b. If an individual has participated in such
a program,
c. If an individual is enrolled in a such a
program,
d. If an individual is placed on a waiting
list for such a program, or
e. If there is other evidence that illegal
STAFF ANALYSIS OF SENATE BILL 1060 (Hancock) Page
3
use, possession or distribution of controlled
substances has ceased, as established by state
Department of Social Services regulations.
3) States that continuous appropriation would not be
made for purposes of implementing this bill.
FISCAL IMPACT
This bill has not yet been analyzed by a fiscal committee.
BACKGROUND AND DISCUSSION
Author's statement
The author states that California's high recidivism rate -
which approaches two-thirds of all parolees - and high cost
of incarceration threaten the economic stability of our
state and counties. The denial of safety net services hurts
entire families and perpetuates dependency on corrections
and child welfare agencies.
As the state and counties implement Public Safety
Realignment (AB 109, Chapter 15, statutes of 2011), which
realigns the custody of certain low level offenders, adult
parolees, and juvenile offenders from state to local
jurisdictions, providing a safety net and job training for
individuals who are exiting prison is a necessary piece of
the plan.
"Ensuring that individuals returning to their home
communities are able to sustain their housing and receive
services as needed to become productive members of the
workforce is critical."
CalWORKs
The CalWORKs program provides cash assistance to nearly
600,000 needy families, including approximately 1.2 million
children. Most of these families include adults who are
engaged in job training, education and other work
preparation activities. The overall average grant for
recipient families is currently $471 monthly (up to a
maximum of $638 for a family of three in a high-cost
county).
STAFF ANALYSIS OF SENATE BILL 1060 (Hancock) Page
4
When Congress passed the Federal Personal Responsibility
and Work Opportunity Act in 1996, it included a lifetime
ban on convicted drug felons receiving food stamp benefits
through the Supplementary Nutrition Assistance Program
(SNAP) and welfare to work benefits through TANF. Later,
the act was amended to allow states the option to opt out
of this ban, or to modify it. In 1997, When California
enacted its CalWORKs program (WIC 11200 et seq) to
administer the TANF block grant, it adopted the ban on
extending eligibility to convicted drug felons.
Several groups, including advocates for the poor, have
argued that the drug felon ban prevents otherwise qualified
parents from receiving services that could support their
recovery and path to independence. About 92 percent of
recipient households are headed by women and two-thirds are
single and have never married. A 2005 report by the federal
General Accounting Office showed that more female drug
felons than males are affected by the ban: "as about 27
percent of female and 15 percent of male drug offenders
released from prison in 2001 could be affected."
The Manpower Demonstration Research Corporation noted in
its 2001 report that welfare recipients with criminal
backgrounds can face ongoing legal problems and low basic
skills. It recommended as a best practice "serv(ing)
individuals with criminal records in the context of a
strong employment program." The National HIRE Network, an
advocacy group for individuals exiting the criminal justice
system, noted that "when individuals with drug convictions
are denied food stamps and cash benefits, establishing
economic stability becomes more difficult and it becomes
more likely that they may return to criminal activity and
drug use?"
Previous efforts have been made to rescind or modify
California's ban. Eight years ago, the legislature passed
AB 1796 (Leno) Chapter 932, Statutes of 2004, modifying
eligibility for the CalFresh program, which provides
non-cash assistance through electronic benefit cards that
can be used at markets and other food suppliers.
Approximately 3 million low-income Californians receive
food assistance benefits, which are wholly funded by the
federal government. (The federal government, California and
STAFF ANALYSIS OF SENATE BILL 1060 (Hancock) Page
5
its counties share in the cost of administering the
program).
The Leno statute provided a partial exemption for felons
convicted of drug possession or use. However, efforts to
expand CalFresh benefits to the felons convicted of drug
sales and other drug crimes have been unsuccessful.
Other states
According National HIRE Network, 14 states have opted out
of the ban for TANF, including Kansas, Michigan, New York,
Ohio, and Pennsylvania, among others. Sixteen states and
the District of Columbia have opted out of the ban for food
stamp recipients. Many other states have partially modified
the ban, based on participation in treatment.
Related Legislation
SB 659 (Wright) in 1999 would have ended the lifetime ban
on CalWORKs benefits if individuals participated in or
completed specified drug-treatment programs. It was vetoed
by the Governor.
AB 1796 (Leno) Chapter 932, Statutes of 2004, established a
partial exemption to the federal ban for individuals who
were convicted of drug possession and use felonies to
receive CalFresh benefits. It did not modify eligibility
for CalWORKs benefits.
AB 508 (Swanson) 2007 proposed a complete opt out of the
ban for food stamp recipients, but did not address CalWORKs
eligibility. It was vetoed by the Governor.
AB 828 (Swanson) in 2011 would remove restrictions for
CalFresh eligibility based on the type of drug conviction
and whether individuals have participated, completed,
enrolled or been placed in a government-recognized drug
treatment program. It was placed on the suspense file in
the Senate Appropriations Committee in June 2011.
Arguments in support
The Western Center on Law and Poverty, a sponsor of the
STAFF ANALYSIS OF SENATE BILL 1060 (Hancock) Page
6
bill, points out that the ban affects only specific adult
members of the household, while rent and other aid may
still be paid to qualified households to support children
and other adults.
"Preventing parents from receiving basic needs grants
puts our state's poorest children in harm's way and
burdens local communities that are challenged by the
implementation of AB 109 and need to identify
strategies that ensure successful reentry of an
increasing number of people, many more of them with
children than ever before."
The California Welfare Director's Association calls the ban
"especially short-sighted" in light of public safety
realignment.
"Enabling (parents) to benefit from the support and
services available through CalWORKs will help them
maintain sobriety and reduce recidivism."
POSITIONS
Support: California Welfare Directors Association
(co-sponsor)
Western Center on Law and Poverty (co-sponsor)
A New Way of Life Re-Entry Project
Alameda County Community Food Bank
Building Opportunities for Self-Sufficiency
California Association of Food Banks
California Attorneys for Criminal Justice
California Catholic Conference, Inc.
California Hunger Action Coalition
California Public Defenders Association
California State Association of Counties
Californians United for a Responsible Budget
Coalition of California Welfare Rights
Organizations, Inc.
Community Works West
County Alcohol and Drug Program Administrators
Association of California
City and County of San Francisco Human Services
Agency
East Bay Community Law Center
STAFF ANALYSIS OF SENATE BILL 1060 (Hancock) Page
7
Ella Baker Center for Human Rights
Friends Committee on Legislation of California
Humboldt County Department of Health and Human
Services
Laborers' Local 777
Lawyers' Committee for Civil Rights of the San
Francisco Bay Area
Legal Services for Prisoners with Children
National Association of Social Workers
National Employment Law Project
Public Counsel Law Center
San Lorenzo Family Help Center
St. Mary's Center
Stanislaus County Community Services Agency
Street Level Health Project
Telegraph Community Center
The Gamble Institute
Urban Counties Caucus
Women's Crisis Support ~ Defensa de Mujeres
One individual
Oppose:None received
-- END --