Senate Bill No. 1029

Introduced by Senator Hancock

February 14, 2014

An act to amend Section 18901.3 of, to add Section 18901.35 to, to repeal Section 17012.5 of, and to repeal and add Section 11251.3 of, the Welfare and Institutions Code, relating to social services.

LEGISLATIVE COUNSEL’S DIGEST

SB 1029, as introduced, Hancock. CalWORKs and CalFresh eligibility.

Existing law requires each county to provide cash assistance and other social services to needy families through the California Work Opportunity and Responsibility to Kids (CalWORKs) program using federal Temporary Assistance to Needy Families (TANF) block grant program, state, and county funds. Under existing law, an individual is ineligible for aid if the individual has been convicted in state or federal court after December 31, 1997, of any offense classified as a felony and that has as an element the possession, use, or distribution of a controlled substance.

This bill would authorize CalWORKs benefits to be paid to an individual who is convicted in state or federal court after December 31, 1997, of any offense classified as a felony that has as an element the possession, use, or distribution of a controlled substance. If the person is on supervised release, he or she would be ineligible for CalWORKs benefits during any period of revocation of that supervised release.

Existing federal law provides for the federal Supplemental Nutrition Assistance Program (SNAP), known in California as CalFresh, formerly the Food Stamp Program, under which supplemental nutrition assistance benefits allocated to the state by the federal government are distributed to eligible individuals by each county. Under existing law, a person convicted of specified drug offenses, including transporting, selling, furnishing, administering, giving away, possessing for sale, purchasing for purpose of sale, or manufacturing a controlled substance, is ineligible to receive CalFresh benefits. Existing law authorizes the payment of CalFresh benefits to other convicted drug felons who have participated in, or are on the waiting list for, a drug treatment program, or who can show other evidence that the illegal use of controlled substances has ceased.

This bill would authorize CalFresh benefits to be paid to an individual who is convicted in state or federal court after December 31, 1997, of any offense classified as a felony that has as an element the possession, use, or distribution of a controlled substance. If the person is on supervised release, he or she would be ineligible for CalFresh benefits during any period of revocation of that supervised release. The bill would also require the department to request a waiver from the federal government for the preenrollment of otherwise eligible applicants to the CalFresh program within one month of the applicant’s reentry into the community from county jail or state prison, and would require the counties to implement the preenrollment program within 6 months of the waiver being granted. By requiring local agencies to provide a higher level of service, this bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

SECTION 1.  

Section 11251.3 of the Welfare and Institutions
Code, as added by Section 1 of Chapter 283 of the Statutes of
1997, is repealed.

begin delete

11251.3.  

(a) An individual shall be ineligible for aid under
this chapter if the individual has been convicted in state or federal
court after December 31, 1997, including any plea of guilty or
nolo contendere, of any offense classified as a felony and that has
as an element of the possession, use, or distribution of a controlled
substance, defined in Section 102(6) of the Controlled Substance
Act (21 U.S.C. Sec. 802(6)).

(b) For a family receiving aid under this chapter that includes
an individual who is ineligible pursuant to subdivision (a), a county
shall issue vouchers or vendor payments for at least rent and
utilities payments.

end delete

SEC. 2.  

Section 11251.3 of the Welfare and Institutions Code,
as added by Section 1 of Chapter 284 of the Statutes of 1997, is
repealed.

begin delete

11251.3.  

(a) An individual shall be ineligible for aid under
this chapter if the individual has been convicted in state or federal
court after December 31, 1997, including any plea of guilty or
nolo contendere, of a felony that has as an element the possession,
use, or distribution of a controlled substance, defined in Section
102(6) of the Controlled Substances Act (21 U.S.C. Sec. 802(6))
or Division 10 (commencing with Section 11000) of the Health
and Safety Code.

(b) For a family receiving aid under this chapter that includes
an individual who is ineligible pursuant to subdivision (a), a county
shall issue vouchers or vendor payments for at least rent and
utilities payments.

end delete

SEC. 3.  

Section 11251.3 is added to the Welfare and
Institutions Code, to read:

11251.3.  

(a) Subject to the limitations of subdivision (b),
pursuant to Section 115(d)(1)(A) of Public Law 104-193 (21 U.S.C.
Sec. 862a(d)(1)(A)), California opts out of the provisions of Section
115(a)(1) of Public Law 104-193 (21 U.S.C. Sec. 862a(a)(1)). An
individual convicted in state or federal court after December 31,
1997, including any plea of nolo contendere, of any offense
classified as a felony that has as an element the possession, use,
or distribution of a controlled substance shall be eligible to receive
CalWORKs benefits under this section.

(b) As a condition of eligibility for CalWORKs pursuant to
subdivision (a), an applicant described in subdivision (a) who is
on probation, parole, or other form of supervised release shall
comply with the conditions of the supervised release, including
participation in a drug treatment program, if required. If the county
social services agency receives verification that the individual’s
supervised release has been revoked, the individual shall become
ineligible for CalWORKs benefits under this section for the
duration of the revocation period.

(c) Notwithstanding the rulemaking provisions of the
Administrative Procedure Act (Chapter 3.5 (commencing with
Section 11340) of Part 1 of Division 3 of Title 2 of the Government
Code), until January 1, 2016, the department may implement this
section by all-county letters or similar instructions. The department
shall adopt regulations by January 1, 2016, to implement this
section on and after January 1, 2016.

SEC. 4.  

Section 17012.5 of the Welfare and Institutions Code
is repealed.

begin delete

17012.5.  

An individual ineligible for aid under Chapter 2
(commencing with Section 11200) of Part 3 pursuant to Section
11251.3, who is a member of an assistance unit receiving aid under
that chapter, shall also be ineligible for non-health-care benefits
under this part.

end delete

SEC. 5.  

Section 18901.3 of the Welfare and Institutions Code
is amended to read:

18901.3.  

(a) Subject to the limitations of subdivision (b),
pursuant to Section 115(d)(1)(A) of Public Law 104-193 (21 U.S.C.
Sec. 862a(d)(1)(A)), California opts out of the provisions of Section
115(a)(2) of Public Law 104-193 (21 U.S.C. Sec. 862a(a)(2)). begin delete A end delete
begin insert An individual end insert convicted begin delete drug felon end delete begin insert in state or federal court after
December 31, 1997, including any plea of guilty or nolo
contendere, of any offense classified as a felony that has as an
element the possession, use, or distribution of a controlled
substance end insert shall be eligible to receive CalFresh benefits under this
section.

begin delete

(b) Subdivision (a) does not apply to a person who has been
convicted of unlawfully transporting, importing into this state,
selling, furnishing, administering, giving away, possessing for
sale, purchasing for purposes of sale, manufacturing a controlled
substance, possessing precursors with the intent to manufacture a
controlled substance, or cultivating, harvesting, or processing
marijuana or any part thereof pursuant to Section 11358 of the
Health and Safety Code.

end delete begin delete end delete begin delete

(c) Subdivision (a) does not apply to a person who has been
convicted of unlawfully soliciting, inducing, encouraging, or
intimidating a minor to participate in any activity listed in
subdivision (b).

end delete begin delete end delete begin delete

(d)

end delete

begin insert (b) end insert  As a condition of eligibility to receive CalFresh benefits
pursuant to subdivision (a), an applicant begin delete convicted end delete begin insert described in
subdivision (a) who is on probation, parole, or any other form end insert of
begin insert supervised release shall comply with the terms of the supervised
release, including participation in end insert a begin delete felony end delete drug begin delete offense end delete begin insert treatment
program, if required. If the county social services agency receives
verification end insert that begin delete is not excluded under subdivision (b) or (c) end delete begin insert the
individual’s supervised release has been revoked, the individual end insert
shall begin delete be required to provide proof of one of end delete begin insert become ineligible for
CalFresh benefits under this section for end insert the begin delete following subsequent
to end delete begin insert duration of end insert the begin delete most recent drug-related conviction: end delete begin insert revocation
period. end insert

begin delete end delete begin delete

(1) Completion of a government-recognized drug treatment
program.

end delete begin delete end delete begin delete end delete begin delete

(2) Participation in a government-recognized drug treatment
program.

end delete begin delete end delete begin delete end delete begin delete

(3) Enrollment in a government-recognized drug treatment
program.

end delete begin delete end delete begin delete end delete begin delete

(4) Placement on a waiting list for a government-recognized
drug treatment program.

end delete begin delete end delete begin delete end delete begin delete

(5) Other evidence that the illegal use of controlled substances
has ceased, as established by State Department of Social Services
regulations.

end delete begin delete end delete begin delete

(e)

end delete

begin insert (c) end insert  Notwithstanding the begin insert rulemaking provisions of the end insert
Administrative Procedure Act (Chapter 3.5 (commencing with
Section 11340) of Part 1 of Division 3 of Title 2 of the Government
Code), begin insert end insert begin insert until January 1, 201 end insert begin insert 6, end insert the department may implement this
section begin delete through an end delete begin insert by end insert all-county begin delete letter end delete begin insert letters end insert or similar begin delete instructions
from end delete begin delete the end delete begin delete director no later than end delete begin insert instructions. The department shall
adopt regulations by January 1, 2016, to implement this section
on and after end insert January 1, begin delete 2005 end delete begin insert 2016 end insert .

begin delete end delete begin delete

(f) The department shall adopt regulations as otherwise
necessary to implement this section no later than July 1, 2005.
Emergency regulations adopted for implementation of this section
may be adopted by the director in accordance with the
Administrative Procedure Act. The adoption of emergency
regulations shall be deemed to be an emergency and necessary for
immediate preservation of the public peace, health and safety, or
general welfare. The emergency regulations shall be exempt from
review by the Office of Administrative Law. The emergency
regulations authorized by this section shall be submitted to the
Office of Administrative Law for filing with the Secretary of State
and shall remain in effect for no more than 180 days.

end delete begin delete end delete

SEC. 6.  

Section 18901.35 is added to the Welfare and
Institutions Code, to read:

18901.35.  

The department shall submit to the United States
Department of Agriculture, Food, and Nutrition Services, on or
before March 31, 2015, a request to waive Section 273.1(b)(7)(vi)
of Title 7 of the Code of Federal Regulations to allow for the
preenrollment of otherwise eligible applicants to the CalFresh
program up to one month prior to the applicant’s reentry into the
community from county jail or state prison. The counties shall
implement a preenrollment process within six months of the waiver
approval.

SEC. 7.  

If the Commission on State Mandates determines that
this act contains costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division
4 of Title 2 of the Government Code.