BILL NUMBER: AB 1255 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 29, 2000
AMENDED IN SENATE JUNE 15, 2000
AMENDED IN SENATE APRIL 5, 2000
AMENDED IN SENATE AUGUST 17, 1999
AMENDED IN SENATE JULY 13, 1999
AMENDED IN SENATE JUNE 28, 1999
AMENDED IN ASSEMBLY JUNE 1, 1999
AMENDED IN ASSEMBLY APRIL 28, 1999
AMENDED IN ASSEMBLY APRIL 7, 1999
INTRODUCED BY Assembly Member Wright
FEBRUARY 26, 1999
An act to amend and repeal Section 11251.3 of the Welfare and
Institutions Code, relating to social services.
LEGISLATIVE COUNSEL'S DIGEST
AB 1255, as amended, R. Wright. CalWORKs: drug offenses.
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.
This bill would authorize a county to provide various services to
promote self-sufficiency under the CalWORKs program to those
individuals who are ineligible to receive aid payments under the
program due to having been convicted of any offense classified as
a felony and that has as an element the
possession , or use
, or distribution of a controlled substance, as defined.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
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as added by Chapter 283 of the Statutes of 1997, is repealed.
SEC. 2. Section 11251.3 of the Welfare and Institutions Code, as
added by Chapter 284 of the Statutes of 1997, is amended to read:
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.
(c) A county may provide services that will assist individuals to
obtain or retain unsubsidized employment pursuant to Sections
11325.7, 11325.8, and 15204.2 if those individuals would otherwise be
eligible for aid under this chapter but have 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 the felony
possession or use 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 .
(d) To be eligible for services pursuant to subdivision (c), the
individual shall satisfy all of the following conditions:
(1) The individual shall have custody of dependent children under
the age of 18 years, and shall be living with them.
(2) The individual shall either have a job or be determined by the
county as being employable if supportive services are provided.
(3) The individual shall not be using a controlled substance at
the time of application.
(4) At least five years have elapsed since the individual
fulfilled the condition imposed by the court in the disposition of
the criminal case, including conditions related to incarceration,
parole, and probation.
(5) The individual, while incarcerated or subsequent to
incarceration, shall have successfully completed a state-licensed,
certified, or county-run drug treatment program, or shall be
currently participating in a state-licensed, certified, or county-run
drug treatment program, or shall be participating in a
court-mandated drug treatment or diversion program, or the person
shall be willing to enroll and subsequently provide verification of
enrollment in a state-licensed, certified, or county-run drug
treatment program.
(e) Services pursuant to subdivision (c) shall be provided for no
more than 18 months.
(f) All participants who receive services pursuant to this section
shall submit to and pass monthly medical drug screening tests, as
specified in regulations adopted by the department, that demonstrate
the person is not using a controlled substance as defined in
subdivision (c), other than as authorized by law.
SEC. 3. (a) The Director of Social Services shall adopt
regulations, as necessary, to implement the provisions of this act
regarding the drug screening procedure, interpretation of drug
screening results, standards for reliability and accuracy of tests,
and other necessary matters, as contained in Sections 11251.3,
11251.4, and 18901.3 of the Welfare and Institutions Code.
(b) Notwithstanding the Administrative Procedure Act (Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code), through December 31, 2001, the State
Department of Social Services may implement drug screening provisions
for convicted drug felons as described in this act through all
county letters or similar instructions from the director.
(c) The department shall adopt regulations to implement this act
no later than January 1, 2002. Emergency regulations to implement
the applicable provisions of this section may be adopted by the
director in accordance with the Administrative Procedure Act. The
initial adoption of emergency regulations and one readoption of
emergency regulations shall be deemed to be an emergency and
necessary for the immediate preservation of the public peace, health,
safety, or general welfare. Initial 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.