BILL ANALYSIS �
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THIRD READING
Bill No: SB 1029
Author: Hancock (D)
Amended: 5/27/14
Vote: 21
SENATE HUMAN SERVICES COMMITTEE : 3-1, 4/8/14
AYES: Liu, DeSaulnier, Hancock
NOES: Wyland
NO VOTE RECORDED: Berryhill
SENATE APPROPRIATIONS COMMITTEE : 5-2, 5/23/14
AYES: De Le�n, Hill, Lara, Padilla, Steinberg
NOES: Walters, Gaines
SUBJECT : CalFresh eligibility
SOURCE : County Welfare Directors Association
Western Center on Law and Poverty
DIGEST : This bill deletes the prohibition against receiving
CalFresh benefits for people who have been convicted of drug
possession, use or distribution of a controlled substance,
except during any period when parole or probation has been
revoked or while he/she is a fleeing felon pursuant to federal
law and guidance.
ANALYSIS :
Existing law:
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1.Establishes in Federal law the Temporary Assistance to Needy
Families (TANF) program to provide assistance to needy
families so that children may be cared for in their own homes
or in the homes of relatives, and to end the dependence on
government benefits by promoting job preparation, work and
marriage.
2.Establishes under federal law the Supplemental Nutrition
Assistance Program (SNAP) to promote the general welfare and
to safeguard the health and wellbeing of the nation's
population by raising the levels of nutrition among low-income
households.
3.Establishes in federal law a ban against providing assistance
and benefits through TANF or SNAP for individuals convicted of
any offense classified as a felony which includes as an
element the possession, use or distribution of a controlled
substance, but also permits states to opt out of this ban.
4.Establishes in California statute the CalFresh program to
administer the provision of federal SNAP benefits to eligible
families and individuals.
5.Permits eligibility for CalFresh for some drug felony
convictions, but continues to ban CalFresh benefits for
individuals convicted of unlawfully transporting, importing,
selling, furnishing, administering, giving away, possessing
for sale, manufacturing a controlled substance, possessing
precursors with intent to sell, or cultivating, harvesting or
processing marijuana, or for individuals who have been
convicted of soliciting, inducing, encouraging or intimidating
a minor to participate in any such crimes.
6.Requires, as a condition of eligibility for CalFresh, that
individuals convicted of a drug felony prove completion,
participation in, enrollment in, or placement on a waiting
list for a government-recognized drug treatment program, or
provide other evidence that illegal use of controlled
substances has ceased.
This bill:
1.Amends CalFresh statute to permit eligibility for any
individual convicted in state or federal court after December
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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, as
defined.
2.Requires that a CalFresh applicant with a drug conviction who
is on probation or parole, shall comply with the terms of
probation or parole, as specified.
3.Requires that if a county Human Services Agency receives
verification that an individual's probation or parole has been
revoked or that the individual is a fleeing felon, the
individual shall become ineligible for CalFresh benefits for
the duration of the revocation period or while the person is a
fleeing felon pursuant to federal law and guidance.
4.Removes the requirement that an individual complete,
participate in, enroll in or provide proof of placement on a
wait list for a government-recognized drug treatment program,
or provide other evidence to the Department of Social Services
(DSS) that drug use has ceased, and replaces the language with
the requirement that an individual participate in a
government-recognized drug treatment program if required as an
element of probation, parole or any other form of supervised
release.
5.Permits DSS to implement and administer these provisions until
January 1, 2016, 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, and client advocates. Thereafter, DSS
shall adopt regulations to implement these provisions by
January 1, 2016.
6.Removes outdated language related to implementation of the
prior drug felony implementation procedures.
Background
Ban on felony drug convictions . When Congress passed the
Federal Personal Responsibility and Work Opportunity Act in
1996, it included a lifetime ban on convicted drug felons
receiving food assistance through the SNAP program or TANF
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benefits. Later, the act was amended to allow states the option
to modify or opt out of this ban. A year later, California
adopted the ban (AB 1260, Ashburn, Chapter 284, Statutes of
1997). Since then, many states have rescinded or modified the
ban.
Previous efforts have been made to rescind or modify
California's ban. Ten years ago, the Legislature passed AB 1796
(Leno, Chapter 932, Statutes of 2004), establishing a partial
exemption to the federal ban for individuals who were convicted
of drug possession or use felonies, allowing them to receive
CalFresh benefits subject to conditions related to drug
treatment. Efforts to expand CalFresh benefits to the felons
convicted of drug sales and other drug crimes have been
unsuccessful as have efforts to modify the ban to permit
CalWORKs eligibility.
Other states . According to the Congressional Research Service,
21 states had fully repealed laws that would disqualify drug
felons from receiving SNAP, or nutritional, benefits as of
August 2012. Those states include Illinois, Kansas, New York,
Ohio and Pennsylvania. Another 20, including California, have
modified their disqualification laws. 12 states, including
Alabama, Arizona, Texas and South Carolina, maintain the
lifetime disqualification.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
According to the Senate Appropriations Committee:
One-time costs for automation system changes potentially in
excess of hundreds of thousands of dollars (Federal/General)
if significant programming changes are required.
Increased federal CalFresh/California Food Assistance Program
benefits potentially in the tens of millions of dollars. An
additional 20,000 individuals will result in benefits of $36
million (Federal) and $360,000 General Fund. Additional
economic benefit of $0.6 million (General Fund) in increased
sales tax revenue.
Increased CalFresh administrative costs in excess of $2.2
million ($1.1 million General Fund) assuming administrative
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costs for new cases only.
Ongoing potential cost savings in averted administrative
hearings related to challenges to drug felony ineligibility.
At an estimated cost of $1,025 per hearing, elimination for
every 500 hearings per year will result in cost savings of
over $500,000 (General Fund) annually.
To the extent increased program participation assists in
reducing the rate at which individuals violate the terms of
their parole/probation or are convicted of new crimes, there
will be substantial future cost savings in the millions of
dollars in state/local incarceration costs. For every 200
inmates who do not recidivate who otherwise would have served
90 to 180 days (the maximum term) in county jail for
parole/probation violations, savings to local jails of
approximately $1.8 to $3.6 million (Local). For every 200
inmates that are deterred from committing new crimes, up to $2
million (General Fund) in state prison cost savings or $7.3
million in local jail cost savings. A portion of savings will
potentially be offset by increased participation in the
benefit programs.
SUPPORT : (Verified 5/27/14)
County Welfare Directors Association (co-source)
Western Center on Law and Poverty (co-source)
A New Way Of Life
ACCESS Women's Health Justice
Alameda County Community Food Bank
Alameda County Social Services Agency
All of Us or None
American Civil Liberties Union
American Federation of State, County and Municipal Employees
Americans For Safe Access
Amity Foundation
Asian Americans Advancing Justice - Los Angeles
Bayview Charities
Black Alliance for Just Immigration
Brownie Mary Democratic Club Los Angeles
Burbank Family Optometry
Calaveras Health and Human Services Agency
California Association of Alcohol and Drug Program Executives,
Inc.
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California Association of Food Banks
California Catholic Conference
California Coalition for Women Prisoners
California Communities United Institute
California Council of Community Mental Health Agencies
California Food Policy Advocates
California Hunger Action Coalition
California NORML
California Pan-Ethnic Health Network
California Partnership
California Partnership to End Domestic Violence
California Public Defenders
California State Association of Counties
Californians United For a Responsible Budget
Chaldean Middle Eastern Social Services
Children's Defense Fund- California
City and County of San Francisco
Coalition of California Welfare Rights Organizations, Inc.
Community Coalition
Community Food and Justice Coalition
Community Health Councils, Inc.
Community Services Unlimited, Inc.
Contra Costa County
Cottage Housing INC
County Alcohol and Drug Programs Administrators Association of
California
Courage Campaign
Dignity and Power Now
Drug Policy Alliance
East Bay Community Law Center
Ecology Center
Ella Baker Center for Human Rights
Equal Rights Advocates
Fair Chance Project
Fair Trade LA
Families in Good Health
Feed America San Diego
Food Chain Workers Alliance
Friends Committee on Legislation of California
Further The Work
Global Action Research Center
Greater Los Angeles Collaborative Alliance
Greenlining Institute
Homeless Health Care Los Angeles
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Housing California
Humboldt County Department of Health and Human Services
Hunger Action Los Angeles
Hunger Advocacy Network
Inner City Law Center
InnerCity Struggle
Interfaith Community Services
Jewish Family Service San Diego
Justice Now
JWCH Institute Inc.
L.A. Kitchen
Labor/Community Strategy Center
Lawyers' Committee for Civil Rights of the San Francisco Bay
Area
Legal Services for Prisoners with Children
LifeLong Medical Care
LIUNA Locals 777 & 792
Los Angeles Alliance for a New Economy
Los Angeles Community Action Network
Los Angeles Human Right to Housing Collective
Los Angeles Metropolitan Churches
Los Angeles Neighborhood Land Trust
Los Angeles Regional Food Bank
Maternal and Child Health Access
Meals4Hunger
Men Making A Change
National Association of Social Workers California Chapter
National Association of Social Workers California Chapter
Women's Council
National Employment Law Project
Nevada County Department of Social Services
North County Community Services
Palavra Tree, Inc.
Parent Voices
Peace Resource Center of San Diego
Physicians for Social Responsibility Los Angeles
PICO California
PolicyLink
POWER
Project New Village
Prototypes
Public Interest Law Project
River City Food Bank
Sacramento Homeless Organizing Committee
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Sacramento Housing Alliance
San Diego County District Attorney, Bonnie M. Dumanis
San Diego Hunger Coalition
San Diego Organizing Project
San Francisco Living Wage Coalition
San Luis Obispo Department of Social Services
Service Employees International Union
SF Marin Food Bank
Slow Food California
Sober Living Network
Solano County
South Bay Community Services
St. Anthony Foundation
St. Francis Center
St. John's Well Child and Family Center
St. Mary's Episcopal Church
T.R.U.S.T South LA
Union de Vecinos
Urban Collaborative
Urban Counties Caucus
Violence Prevention Coalition of Greater Los Angeles
W.O.M.A.N. Inc.
Western Regional Advocacy Project
Women Organizing Resources Knowledge & Services
Women's Foundation
Youth Justice Coalition
OPPOSITION : (Verified 5/23/14)
California Narcotic Association
ARGUMENTS IN SUPPORT : The author states that thousands of
Californians are released from prison or jail every year on
parole or probation, but that with few or no job prospects,
approximately two-thirds of those released from prison will be
rearrested - and almost one-half will be re-incarcerated -
within three years of their release. According to the author's
office, this bill will reduce the recidivism of people with
prior drug-related convictions and crime in low-income
communities by repealing the lifetime ban of CalFresh food
assistance.
ARGUMENTS IN OPPOSITION : The California Narcotic Officers
Association (CNOA) is opposed to this bill because they say it
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makes drug traffickers eligible to participate in CalFresh.
CNOA states that although they previously supported language
which enabled former drug users to be eligible for food stamps,
they do not believe that this benefit should be extended to drug
traffickers, who are the very people who actually prey on drug
users. CNOA writes that California's fiscal house is still in a
period of challenge and this bill will result in significant
costs to the state.
JL:e 5/27/14 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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