AB 2435, as introduced, Hagman. CalWORKs: ineligibility.
Existing law provides for the California Work Opportunity and Responsibility to Kids (CalWORKs) program, under which each county provides cash assistance and other benefits to qualified low-income families and individuals.
Existing law provides that an individual who has been convicted in state or federal court of a felony that has as an element the possession, use, or distribution of a controlled substance, as defined under federal law or the California Uniform Controlled Substances Act, is ineligible for aid under the CalWORKs program. Existing law also provides for a substantially similar provision that does not make reference to controlled substances defined in the California Uniform Controlled Substances Act.
This bill would repeal the substantially similar provision that does not make reference to the California Uniform Controlled Substances Act.
This bill would also provide that an individual who has been convicted in state court after March 1, 2015, of any offense that is a felony and a violation of certain sex offenses, where the victim of the crime is a member of the household otherwise eligible for assistance, or is related to a member of that household, is ineligible for aid under the CalWORKs program unless the individual meets any one of 5 conditions.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 11251.3 of the Welfare and Institutions
2Code, as added by Section 1 of Chapter 283 of the Statutes of
31997, is repealed.
(a) An individual shall be ineligible for aid under
5this chapter if the individual has been convicted in state or federal
6court after December 31, 1997, including any plea of guilty or
7nolo contendere, of any offense classified as a felony and that has
8as an element of the possession, use, or distribution of a controlled
9substance, defined in Section 102(6) of the Controlled Substance
10Act (21 U.S.C. Sec. 802(6)).
11(b) For a family receiving aid under this chapter that includes
12an individual who is ineligible pursuant to subdivision (a), a county
13shall issue vouchers or vendor payments for at least rent and
14utilities payments.
Section 11251.3 of the Welfare and Institutions Code,
16as added by Section 1 of Chapter 284 of the Statutes of 1997, is
17amended to read:
(a) An individual shall be ineligible for aid under
19this chapter if the individual has been convicted in state or federal
20court after December 31, 1997, including any plea of guilty or
21nolo contendere, ofbegin delete any offense classified asend delete a felonybegin delete andend delete that has
22as an elementbegin delete ofend delete the possession, use, or distribution of a controlled
23substance, defined in Section 102(6) of the Controlledbegin delete Substanceend delete
24begin insert Substancesend insert Act (21 U.S.C. Sec.begin delete 802(6)).end deletebegin insert 802(6)) or Division 10
25(commencing with Section 11000) of the Health and Safety Code.end insert
26(b) (1) Subject to paragraph (2), an individual shall be
27ineligible for aid under this chapter if the individual has been
28convicted in a state court after March 1, 2015, including any plea
29of guilty or nolo contendere, of any offense that is a felony and a
30violation of Section 266j, 269, 273a, 273ab, or 273d, paragraph
31(1) of subdivision (c) of Section 286, subdivision (a) or paragraph
32(1) of subdivision (c) of Section 288, Section 288.5, or paragraph
33(2) of subdivision (b) or paragraph (1) of subdivision (c) of Section
P3 1288a of the Penal Code, where the victim of the crime is a member
2of
the household otherwise eligible for assistance, or is related to
3a member of that household.
4(2) A person is not ineligible under paragraph (1) if he or she
5meets any one of the following conditions:
6(A) Completion of conditions of probation or parole for the
7crime on which the disqualification is based, without a subsequent
8conviction for abuse or molestation of a child.
9(B) Current compliance with conditions of probation or parole
10for the crime on which the disqualification is based.
11(C) Completion of at least one year of treatment or counseling
12related to the crime on which the disqualification is based, without
13subsequent conviction for abuse or molestation of a child.
14(D) Current participation in child abuser’s treatment and receipt
15of a determination by the counselor or treatment provider that the
16person does not pose an unwarranted risk of abuse to children in
17the home.
18(E) A successful petition to a superior court in the county where
19the aid is sought resulting in a finding by the court that the
20individual’s residence in the household is in the best interests of
21the children and
does not pose an unwarranted risk of abuse to
22children in the home.
23(b)
end delete
24begin insert(c)end insert For a family receiving aid under this chapter that includes
25an individual who is ineligible pursuant to subdivisionbegin delete (a),end deletebegin insert (a) or
26(b),end insert a county shall issue vouchers or vendor payments for at least
27rent and utilities payments.
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