BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 659|
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THIRD READING
Bill No: SB 659
Author: Wright (R)
Amended: 4/8/99
Vote: 27
SENATE HEALTH & HUMAN SERV. COMMITTEE : 5-2, 4/14/99
AYES: Escutia, Figueroa, Hughes, Solis, Vasconcellos
NOES: Haynes, Mountjoy
NOT VOTING: Morrow, Polanco
SENATE APPROPRIATIONS COMMITTEE : 10-3, 5/10/99
AYES: Johnston, Alpert, Bowen, Burton, Escutia, Karnette,
Kelley, McPherson, Perata, Vasconcellos
NOES: Johnson, Leslie, Mountjoy
SUBJECT : CalWORKs: food stamps: general assistance
SOURCE : Author
DIGEST : This bill provides that certain persons convicted
of specified felonies are ineligible for CalWORKs or Food
Stamps unless certain requirements relating to drug
treatment are met.
ANALYSIS : 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 (Ashburn), Chapter 283 and
CONTINUED
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AB 1260 (Ashburn), Chapter 284 which eliminated eligibility
for CalWORKs and Food Stamps for persons convicted, after
December 31, 1997, of certain drug-related felonies.
This bill provides 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 requires 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.
Comments :
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 659 requirements for continued eligibility -- SB 659
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
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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:
C. The person successfully completed a state licensed
drug treatment program while incarcerated or
subsequent to incarceration.
D. The person is currently in a state licensed drug
treatment program, or in a court mandated treatment or
diversion program.
E. The person is willing to enroll in a state licensed
drug treatment program and subsequently provides
verification of enrollment.
D. At least five years have elapsed since the person
fulfilled all conditions imposed by the court,
including incarceration, parole and probation.
E. 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.
3.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.
4.Also, all participants must agree to submit to periodic
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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).
5.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.
FISCAL EFFECT : Appropriation: Yes Fiscal Com.: Yes
Local: Yes
According to Senate Appropriations Committee:
Fiscal Impact (in thousands)
Major Provisions 1998-99 1999-2000 2000-01 Fund
Aid payments less than 150 annuallyGeneral &
Federal
CalWORKs services unknown costGeneral &
federal
Staff comments:
Costs for services are covered by allocations to counties
that are sufficient to provide services to all CalWORKs
recipients expected to participate in work activities. No
budget adjustment would be expected if this bill were to
pass. Only 44 clients had drug convictions that affected
their CalWORKs eligibility.
SUPPORT : (Verified 5/11/99)
American Federation of State, County, and Municipal
Employees (AFSCME)
Juvenile Court Judges of California (JCJC)
Friends Committee on Legislation
County Alcohol and Drug Program Administrators Association
of California
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Los Angeles County District Attorneys Office
California Association of Alcohol and Drug Program
Executives
Tarzana Treatment Centers Coalition
California Welfare Rights Organization
Ventura County
ARGUMENTS IN SUPPORT : Supporters of SB 659 arguments:
1.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.
2.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.
3.Given how most counties have reorganized job training,
child care and other supportive services 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.
4.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.
CP:jk 5/12/99 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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