BILL ANALYSIS
SENATE HEALTH AND HUMAN SERVICES
COMMITTEE ANALYSIS
Senator Martha M. Escutia, Chair
BILL NO: SB 659
S
AUTHOR: Wright
B
AMENDED: April 8, 1999
HEARING DATE: April 14, 1999
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FISCAL: Appropriations
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CONSULTANT:
McCarthy
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SUBJECT
CalWORKs: food stamps: general assistance
SUMMARY
This bill would provide that certain persons convicted of
specified felonies are ineligible for CalWORKs or Food
Stamps unless certain requirements relating to drug
treatment are met.
ABSTRACT
Federal welfare legislation, enacted in 1996, required
states to disallow eligibility for CalWORKs (TANF) and Food
Stamps for persons convicted of controlled substance
related felonies, unless the state enacted subsequent
legislation (P.L. 104-193, Section 115). In 1997,
California enacted AB 1008 (Schiff) and AB 1260 (Asburn)
which eliminated eligibility for CalWORKs and Food Stamps
for persons convicted, after December 31, 1997, of certain
drug-related felonies.
SB 659 would provide that persons convicted of specified
felonies relating to controlled substances would be
ineligible for CalWORKs and Food Stamps unless they meet
specified conditions. Persons convicted of possession or
use, and who participate in state licensed treatment
programs, etc., would be eligible for CalWORKs and Food
Stamps; however, counties would be required to provide at
least the family's rent and utility payments as vouchers or
vendor payments. Persons convicted of sale, transportation
or manufacture of controlled substances would be eligible
for only CalWORKs services, not cash assistance, and for
Food Stamps. This bill also would require counties to
establish interagency teams to provide case management for
families receiving services. It would further require
services be coordinated with the Department of Corrections
female offender treatment and employment program.
FISCAL IMPACT
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Unknown at this time. The bill contains an unspecified
appropriation from the federal TANF block grant to cover
the cost of CalWORKs related eligibility.
BACKGROUND AND DISCUSSION
1.CalWORKs, Food Stamps and G.A. -- Current law provides
for the CalWORKs program, under which indigent families
with children receive income support and other
assistance. For parents or needy caretaker relatives, a
five-year limit on aid applies; for the first 18 months
to two years, they may receive employment training or
education. The Food Stamp program, primarily federally
funded, provides coupons for the purchase of food items
for indigent families and individuals. General
assistance is the county program of income support and
medical care for indigent persons.
2.SB 569 requirements for continued eligibility -- SB 569
would make a distinction in requirements between persons
convicted of use and possession and those convicted of
sale, transportation, or manufacture of controlled
substances. Under SB 659 an individual who has been
convicted of a drug felony for possession or use of a
controlled substance is ineligible for TANF benefits or
food stamps unless one of the following conditions is
met:
The person successfully completed a state licensed
drug treatment program while incarcerated or
subsequent to incarceration;
The person is currently in a state licensed drug
treatment program, or in a court mandated treatment or
diversion program;
The person is willing to enroll in a state licensed
drug treatment program and subsequently provides
verification of enrollment;
At least five years have elapsed since the person
fulfilled all conditions imposed by the court,
including incarceration, parole and probation;
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The person is not currently dependent on a
controlled substance as demonstrated by a drug test
Aid to participants will be in the made the form of
vouchers or vendor payments for at least rent and
utilities payments.
1.Under SB 659, individuals who have been convicted of a
drug felony for the sale, transportation or manufacture
of a controlled substance and who fulfill the above
conditions will be eligible for CalWORKs services, such
as vocational training, and food stamps, but would not
receive cash assistance benefits.
2.Also, all participants must agree to submit to periodic
drug tests or face the possibility of losing eligibility.
The county may also sanction the participants if they
fail to participate in a program once enrolled or start
using illegal drugs again. (Persons who lose eligibility
for CalWORKs also cannot receive General Assistance).
3.Task Force - A county level interagency team, including
representatives from Child Welfare, Alcohol and Drug
services, Mental Health, and Probation will provide case
management services to the families.
4.Supporters of SB 659 arguments --
The current law places a financial burden not only
on the individual committing an offense but on the
whole household, often tearing families apart, and
children are the ultimate victims;
The affected population is predominately female,
banned for life from participating in CalWORKs
regardless of whether or not they have undergone drug
treatment in prison or exhibit a willingness to
undergo treatment upon release. The ban has the
effect of preventing reunification with their children
upon their return from prison and gives them little
hope;
Given how most counties have reorganized job
training, child care and other supportive services
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under CalWORKs, current law excludes these women from
the very programs which could lead to self-sufficiency
and a chance to reunite their families; these women
should have at least an opportunity to turn their
lives around;
The Juvenile Courts Judges of California, writing
in support of the bill, assert that it is important to
find out if the current law thwarts reunification of
children in foster care, with their parents, when the
parents have a past history of drug-related offenses,
but are no longer involved with drug and are otherwise
capable parents
7. Opponents of SB 659 arguments --
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Those eligible for an exemption should not be
subject to non-cash payments, absent a determination
of mismanagement;
There are reasons to doubt whether the use
possession vs. sale/transport distinction is a
rational one for the purposes of the exemption.
POSITIONS
Support: American Federation of State, County, and
Municipal Employee
(AFSCME)
Juvenile Court Judges of California (JCJC)
Friends Committee on Legislation
County Alcohol and Drug Program Administrators
Association of
California
Oppose:(unless amended) Western Center on Law and Poverty
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