BILL NUMBER: SB 659 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 8, 1999
AMENDED IN SENATE APRIL 6, 1999
INTRODUCED BY Senator Wright
FEBRUARY 24, 1999
An act to add Section 11251.4 to, and to repeal and amend Sections
11251.3 and 17012.5 of, the Welfare and Institutions Code, relating
to human services, and making an appropriation therefor.
LEGISLATIVE COUNSEL'S DIGEST
SB 659, as amended, C. Wright. CalWORKs: food stamps: general
assistance.
Existing law provides that a person convicted of specified
felonies related to controlled substances shall be ineligible for aid
under the CalWORKs program, and also for non-health-care general
assistance benefits.
This bill would instead provide that persons convicted of
specified felonies related to controlled substances are ineligible
for aid under CalWORKs, nonhealth general assistance benefits, or
food stamps unless but would provide that
they shall be eligible for services under the CalWORKs program and
aid under the general assistance program if they meet one of
several specified conditions related to drug treatment, and submit to
required periodic drug testing. This bill would require a county
level interagency team composed of specified representatives of
county social service agencies to provide case management services to
families receiving benefits under these provisions, and would
require the services to be coordinated with certain corrections
programs.
This bill would require counties to issue vouchers or vendor
payments for at least rent and utilities payments to families
eligible for aid under CalWORKs pursuant to these provisions.
This bill would make related technical changes.
This bill would appropriate an unspecified amount, from funds
allocated to the state under the federal Temporary Assistance to
Needy Families Block Grant, to the State Department of Social
Services, for allocation to counties for implementation of its
provisions.
By imposing new duties upon counties to administer these
provisions, 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, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
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: 2/3. Appropriation: yes. 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 amended
to read:
11251.3. (a) An individual shall be ineligible for aid under this
chapter, or Chapter 10 (commencing with Section 18900) of Part 6, 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 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, unless one of the
following conditions is met:
(1) The person, while incarcerated or subsequent to incarceration,
has successfully completed a state-licensed drug treatment program.
(2) The person is currently participating in a state-licensed drug
treatment program, or is participating in a court-mandated drug
treatment or diversion program.
(3) The person is willing to enroll and subsequently provides
verification of enrollment in a state-licensed drug treatment
program.
(4) At least five years have elapsed since the person fulfilled
the conditions imposed by the court in the disposition of the
criminal case, including conditions relating to incarceration,
parole, and probation.
(5) The person is not currently dependent on a controlled
substance.
(b) In order to receive benefits pursuant to paragraph (4) or (5)
of subdivision (a), a person must be drug free and shall be required
to submit to medically acceptable drug testing prior to enrollment in
the program.
(c) All participants who receive benefits pursuant to this section
shall agree to periodic, medically acceptable drug tests as
determined by the county.
(d) A county may remove the person from the family grant if it is
determined that the person has failed or refused to participate in
the program without good cause, refused to comply with subdivision
(c), or has resumed use of a controlled substance. Sanctions shall
be applied in accordance with Sections 11327.4 and 11327.5.
(e) A county level interagency team comprised of, but not limited
to representatives from the county department of social services,
including both CalWORKs and child welfare, alcohol and drug services,
mental health services, and probation, shall provide case management
services to all families enrolled under this section.
(f) In counties where the Department of Corrections is providing
services under the female offender treatment and employment program,
CalWORKs services provided under this section shall be coordinated
with that program. In all other counties a representative of the
Department of Corrections Parole and Community Services Division
shall participate in the multidisciplinary team providing case
management services to the CalWORKs participant.
(g) For a family receiving aid under this chapter that includes an
individual who is eligible pursuant to this section, a county shall
issue vouchers or vendor payments for at least rent and utilities
payments.
SEC. 3. Section 11251.4 is added to the Welfare and Institutions
Code, to read:
11251.4. (a) An individual shall be ineligible for aid under this
chapter, or Chapter 10 (commencing with Section 18900) of Part 6, 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 sale, transportation,
distribution, or manufacture of a controlled substance, defined in
Section 102(6) of the Controlled Substances Act (21 U.S.C. 802(6)) or
Division 10 (commencing with Section 11000) of the Health and Safety
Code, unless but shall be eligible for
services under this chapter, or aid under Chapter 10 (commencing with
Section 18900) of Part 6, if one of the following conditions
is met:
(1) The person, while incarcerated or subsequent to incarceration,
has successfully completed a state-licensed drug treatment program.
(2) The person is currently participating in a state-licensed drug
treatment program, or is participating in a court-mandated drug
treatment or diversion program.
(3) The person is willing to enroll and subsequently provides
verification of enrollment in a state-licensed drug treatment
program.
(4) At least five years have elapsed since the person fulfilled
the conditions imposed by the court in the disposition of the
criminal case, including conditions relating to incarceration,
parole, and probation.
(5) The person is not currently dependent on a controlled
substance.
(b) In order to receive benefits pursuant to paragraph (4) or (5)
of subdivision (a), a person must be drug free and shall be required
to submit to medically acceptable drug testing prior to enrollment in
the program.
(c) All participants who receive benefits pursuant to this section
must agree to periodic, medically acceptable drug tests.
(d) Continued access to services and benefits may be denied if the
participant refuses to comply with subdivision (c), or if the county
determines that the participant has resumed use of a controlled
substance. These sanctions shall be applied in accordance with the
notice of action procedures in Section 11327.4.
(e) A county level interagency team comprised of, but not limited
to, representatives from the county department of social services,
including CalWORKs and child welfare, alcohol and drug services,
mental health services, and probation, shall provide case management
services to all families enrolled under this section.
(f) In counties where the Department of Corrections is providing
services under the female offender treatment and employment program,
CalWORKs services provided under this section shall be coordinated
with that program. In all other counties a representative of the
Department Corrections Parole and Community Services Division shall
participate in the multidisciplinary team providing case management
services to the CalWORKs participant.
(g) For a family receiving aid under this chapter that includes an
individual who is eligible pursuant to this section, a county shall
issue vouchers or make vendor payments for at least rent and
utilities payments.
SEC. 4. Section 17012.5 of the Welfare and Institutions Code, as
added by Section 2 of Chapter 283 of the Statutes of 1997, is
repealed.
SEC. 5. Section 17012.5 of the Welfare and Institutions Code, as
added by Section 2 of Chapter 284 of the Statutes of 1997, is amended
to read:
17012.5. An individual ineligible for aid under Chapter 2
(commencing with Section 11200) of Part 3 pursuant to Section 11251.3
or 11251.4, who is a member of an assistance unit receiving aid
under that chapter, shall also be ineligible for nonhealth care
benefits under this part.
SEC. 6. The sum of ____ dollars ($____) is hereby appropriated,
from funds allocated to the state under the federal Temporary
Assistance to Needy Families Block Grant, to the State Department of
Social Services, for allocation to counties for implementation of
this act.
SEC. 7. Notwithstanding Section 17610 of the Government Code, 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. If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.