BILL NUMBER: SB 659 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY AUGUST 30, 1999
AMENDED IN ASSEMBLY AUGUST 24, 1999
AMENDED IN ASSEMBLY AUGUST 17, 1999
AMENDED IN ASSEMBLY JUNE 30, 1999
AMENDED IN SENATE APRIL 8, 1999
AMENDED IN SENATE APRIL 6, 1999
INTRODUCED BY Senator Wright
(Coauthors: Senators Bowen and Murray)
(Coauthor: Assembly Members Kuehl, Migden, and Wright)
FEBRUARY 24, 1999
An act to add Section 11251.4 Sections
11251.4 and 18901.3 to, and to repeal and amend Sections
11251.3 and 17012.5 of, the Welfare and Institutions Code, relating
to human services.
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, non-health-care general assistance benefits,
or food stamps but would provide that they shall be eligible
for services under the CalWORKs program and aid under the food stamp
program if unless they meet one of several
specified conditions related to drug treatment, including completing
a state-licensed, certified, or county-run drug treatment program,
and submit to required periodic medical drug
testing screening tests . 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 require the State Department of Social Services to
adopt regulations, and would authorize the adoption of emergency
regulations, to implement its provisions.
This bill would make its provision operative on July 1, 2000.
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: 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 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 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 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, certified, or
county-run drug treatment program.
(2) The person is currently participating in a state-licensed,
certified, or county-run 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, certified, or
county-run 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 using a controlled substance.
(b) In order to receive benefits pursuant to paragraph
(4) paragraph (1), (4), or (5) of subdivision
(a), a person must be drug free and shall
shall, prior to receiving aid, be required to submit to
medically acceptable drug testing prior to enrollment in the
program. and pass a medical drug screening test, as
specified in regulations adopted by the department, that demonstrates
the person is not using a controlled substance, as defined in
subdivision (a), other than as authorized by law.
(c) All participants who receive benefits pursuant to this section
shall agree to submit to and pass
periodic , medically acceptable drug tests as determined by
the county.
(d) A county may remove the person from the family grant
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 (a), other than as
authorized by law.
(d) A person's needs shall not be taken into consideration
if it is determined that the person has failed or refused to
participate in the drug treatment or diversion program
without good cause, or failed or 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. . Penalties shall be applied in accordance
with the time frames established for financial sanctions in
subdivision (d) of Section 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 be convened by the
CalWORKs program branch of the department to 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 cooperate with the multidisciplinary team providing case
management services to any CalWORKs participant who is on parole.
This subdivision shall not apply to counties that do not physically
contain a parole unit or parole subunit. However, these counties
shall develop procedures to coordinate the work of the case
management team with the Parole and Community Services Division for
those CalWORKs participants currently on parole.
(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 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 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, but shall be eligible for services under
this chapter , or aid under Chapter 10 (commencing with
Section 18900) of Part 6, for the length of time
specified in Section 11454, if one of the following conditions
is met:
(1) The person, while incarcerated or subsequent to incarceration,
has successfully completed a state-licensed, certified, or
county-run drug treatment program.
(2) The person is currently participating in a state-licensed,
certified, or county-run 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, certified, or
county-run 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 using a controlled substance.
(b) In order to receive benefits services
pursuant to paragraph (4) paragraph
(1), (4), or (5) of subdivision (a), a person must be
drug free and shall shall, prior to receiving aid,
be required to submit to medically acceptable drug
testing prior to enrollment in the program. and pass a
medical drug screening test, as specified in regulations adopted by
the department, that demonstrates the person is not using a
controlled substance as defined by subdivision (a), other than as
authorized by law.
(c) All participants who receive benefits
services pursuant to this section must agree to
periodic, medically acceptable drug tests. this
section shall submit to and pass periodic medical drug screening
tests, as specified in regulations adopted by the department, that
demonstrate the person is not using a controlled substance as defined
by subdivision (a), other than as authorized by law.
(d) Continued access to services and benefits may
shall be denied if the participant fails or
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.
subdivision (c). These penalties shall be applied in accordance
with the time frames established for financial sanctions in
subdivision (d) of Section 11327.5.
(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 be convened by the
CalWORKs program branch of the department to 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 cooperate with the multidisciplinary team providing case
management services to any CalWORKs participant who is on parole.
This subdivision shall not apply to counties that do not physically
contain a parole unit or parole subunit. However, these counties
shall develop procedures to coordinate the work of the case
management team with the Parole and Community Services Division for
those CalWORKs participants currently on parole.
(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 non-health-care
benefits under this part.
SEC. 6. Section 18901.3 is added to the Welfare and
Institutions Code, to read:
18901.3. Pursuant to Section 115(d)(1)(A) of Public Law 104-193,
California opts out of the provisions of Section 115(a)(2) of Public
Law 104-193. Convicted drug felons shall be eligible for food stamps
under the same conditions as those required for CalWORKs
eligibility, as set forth in Section 11251.3 and 11251.4, to the
extent that federal Food Stamp Program law permits.
SEC. 7. (a) The director, 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.
(b) Notwithstanding the 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) through December 31,
2000, 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
section no later than January 1, 2001. 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
the initial 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.
SEC. 8. Notwithstanding any other provision of law, this act shall
become operative on July 1, 2000.
SEC. 9. 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.