SB 1029, as amended, 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 releasebegin insert that results in the individual’s incarcerationend insert.
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 releasebegin insert that results in the individual’s incarcerationend insert. 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 thebegin delete countiesend deletebegin insert department, in coordination with the Chief Probation Officers of California, the County Welfare Directors Association of California, and client advocatesend insert 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.
Existing law continuously appropriates moneys from the General Fund to defray a portion of county costs under the CalWORKs program.
end insertbegin insertThis bill would provide that no appropriation would be made for the purpose of implementing this bill.
end insertThe 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 11251.3 of the Welfare and Institutions
2Code, as added by Section 1 of Chapter 283 of the Statutes of
31997, is repealed.
Section 11251.3 of the Welfare and Institutions Code,
5as added by Section 1 of Chapter 284 of the Statutes of 1997, is
6repealed.
Section 11251.3 is added to the Welfare and
8Institutions Code, to read:
(a) Subject to the limitations of subdivision (b),
10pursuant to Section 115(d)(1)(A) of Public Law 104-193 (21 U.S.C.
11Sec. 862a(d)(1)(A)), California opts out of the provisions of Section
12115(a)(1) of Public Law 104-193 (21 U.S.C. Sec. 862a(a)(1)). An
13individual convicted in state or federal court after December 31,
141997, including any plea of nolo contendere, of any offense
15classified as a felony that has as an element the possession, use,
16or distribution of a controlled substance shall be eligible to receive
17CalWORKs benefits under this section.
18(b) As a condition of eligibility for CalWORKs pursuant to
19subdivision (a), an applicant described in subdivision (a) who
is
20on probation, parole, or other form of supervised release shall
21comply with thebegin delete conditionsend deletebegin insert termsend insert of the supervised release,
22including participation in abegin insert government-recognizedend insert drug treatment
23program, if required. If the countybegin delete socialend deletebegin insert humanend insert services agency
24receives verification that the individual’s supervised release has
25been revoked,begin insert resulting in the individual’s incarceration,end insert
the
26individual shall become ineligible for CalWORKs benefits under
27this section for the duration of the revocation period.
28(c) Notwithstanding the rulemaking provisions of the
29Administrative Procedure Act (Chapter 3.5 (commencing with
30Section 11340) of Part 1 of Division 3 of Title 2 of the Government
31Code), until January 1, 2016, the department may implement this
32section by all-county letters or similar instructions. The department
33shall adopt regulations by January 1, 2016, to implement this
34section on and after January 1, 2016.
Section 17012.5 of the Welfare and Institutions Code
36 is repealed.
Section 18901.3 of the Welfare and Institutions Code
38 is amended to read:
(a) Subject to the limitations of subdivision (b),
2pursuant to Section 115(d)(1)(A) of Public Law 104-193 (21 U.S.C.
3Sec. 862a(d)(1)(A)), California opts out of the provisions of Section
4115(a)(2) of Public Law 104-193 (21 U.S.C. Sec. 862a(a)(2)). An
5individual convicted in state or federal court after December 31,
61997, including any plea of guilty or nolo contendere, of any
7offense classified as a felony that has as an element the possession,
8use, or distribution of a controlled substance shall be eligible to
9receive CalFresh benefitsbegin insert as provided forend insert under this section.
10(b) As a condition of eligibility to receive CalFresh benefits
11pursuant to subdivision (a), an applicant described in subdivision
12(a) who is on probation, parole, or any other form of supervised
13release shall comply with the terms of the supervised release,
14including participation in abegin insert government-recognizedend insert drug treatment
15program, if required. If the countybegin delete socialend deletebegin insert humanend insert services agency
16receives verification that the individual’s supervised release has
17been revoked,begin insert resulting in the individual’s incarceration,end insert the
18individual shall become
ineligible for CalFresh benefits under this
19section for the duration of the revocation period.
20(c) Notwithstanding the rulemaking provisions of the
21Administrative Procedure Act (Chapter 3.5 (commencing with
22Section 11340) of Part 1 of Division 3 of Title 2 of the Government
23Code), until January 1, 2016, the department may implementbegin insert and
24administerend insert this section by all-county letters or similar instructions
25begin insert until regulations are developedend insert.begin delete The department shall adopt begin insert
The all-county letters or similar instructions
26regulations by January 1, 2016, to implement this section on and
27after January 1, 2016.end delete
28shall be developed in consultation with the Chief Probation
29Officers of California, the County Welfare Directors Association
30of California, and client advocates. The department shall adopt
31regulations implementing this section by January 1, 2016.end insert
Section 18901.35 is added to the Welfare and
33Institutions Code, to read:
The department shall submit to the United States
35Department ofbegin delete Agriculture, Food,end deletebegin insert Agriculture’s Foodend insert and Nutrition
36begin delete Services,end deletebegin insert Service,end insert on or before March 31, 2015, a request to waive
37Section 273.1(b)(7)(vi) of Title 7 of the Code of Federal
38Regulations to allow for the preenrollment of otherwise eligible
39applicants to the CalFresh program up to one month prior to the
40applicant’s reentry into the community from
county jail or state
P5 1prison. Thebegin delete countiesend deletebegin insert departmentend insert shall implement a preenrollment
2processbegin insert in coordination with the Chief Probation Officers of
3California, the County Welfare Directors Association of California,
4and client advocatesend insert within six months of the waiver approval.
begin insertNotwithstanding Section 15200 of the Welfare and
6Institutions Code, no appropriation shall be made for the purpose
7of implementing this act.end insert
If the Commission on State Mandates determines that
10this act contains costs mandated by the state, reimbursement to
11local agencies and school districts for those costs shall be made
12pursuant to Part 7 (commencing with Section 17500) of Division
134 of Title 2 of the Government Code.
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