Amended in Senate April 10, 2014

Amended in Senate March 20, 2014

Senate Bill No. 1029

Introduced by Senator Hancock

(Coauthor: Assembly Member Bonta)

February 14, 2014

An act to amend Section 18901.3 of, begin delete to add Section 18901.35 to, end delete 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 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 release that results in the individual’s incarceration.

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 that results in the individual’s incarceration. begin delete 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 department, in coordination with the Chief Probation Officers of California, the County Welfare Directors Association of California, and client advocates to implement the preenrollment program within 6 months of the waiver being granted. end delete 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.

This bill would provide that no appropriation would be made for the purpose of implementing this bill.

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.

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.

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 terms of the supervised release, including
participation in a government-recognized drug treatment program,
if required. If the county human services agency receives
verification that the individual’s supervised release has been
revoked, resulting in the individual’s incarceration, 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.

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)). An
individual 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 that has as an element the possession,
use, or distribution of a controlled substance shall be eligible to
receive CalFresh benefits as provided for under this section.

(b) As a condition of eligibility to receive CalFresh benefits
pursuant to subdivision (a), an applicant described in subdivision
(a) who is on probation, parole, or any other form of supervised
release shall comply with the terms of the supervised release,
including participation in a government-recognized drug treatment
program, if required. If the county human services agency receives
verification that the individual’s supervised release has been
revoked, resulting in the individual’s incarceration, the individual
shall become ineligible for CalFresh 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 and
administer this section by all-county letters or similar instructions
until regulations are developed. The all-county letters or similar
instructions shall be developed in consultation with the Chief
Probation Officers of California, the County Welfare Directors
Association of California, and client advocates. The department
shall adopt regulations implementing this section by January 1,
2016.

begin 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’s Food and Nutrition Service, 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 department shall
implement a preenrollment process in coordination with the Chief
Probation Officers of California, the County Welfare Directors
Association of California, and client advocates within six months
of the waiver approval.

end delete

begin delete SEC. 7. end delete
begin insert SEC. 6. end insert   

Notwithstanding Section 15200 of the Welfare and
Institutions Code, no appropriation shall be made for the purpose
of implementing this act.

begin delete SEC. 8 end delete
begin insert SEC. 7. end insert   

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.