BILL ANALYSIS
SB 659
Page 1
Date of Hearing: July 6, 1999
ASSEMBLY COMMITTEE ON HUMAN SERVICES
Dion Aroner, Chair
SB 659 (Wright) - As Amended: June 30, 1999
SENATE VOTE : 29-2
SUBJECT : CalWorks: Food Stamps
SUMMARY : Permits individuals convicted of certain drug
offenses to receive California Work Opportunity and
Responsibility to Kids (CalWORKs) and Food Stamp benefits,
subject to specified conditions. Specifically, this bill :
1)Repeals the requirement that individuals who are convicted of
certain drug offenses are ineligible for CalWORKs and Food
Stamp benefits.
2)Prohibits an individual convicted in state or federal court
after December 31, 1997, of a felony that has as an element
the possession or use of a controlled substance from
eligibility for CalWORKs or Food Stamp benefits unless he or
she meets one of the following conditions:
a) The individual has completed a state-licensed, certified
or county-run drug treatment program while incarcerated, or
subsequent to incarceration, or is currently enrolled or
willing to enroll in such a program.
b) At least five years have elapsed since the individual
fulfilled the conditions imposed by the court in the
disposition of the criminal case, including conditions
relating to incarceration, parole, and probation.
c) The individual is not currently using a controlled
substance.
3)Prohibits an individual convicted in state or federal court
after December 31, 1997, of a felony that has as an element
the sale, transportation, distribution, or manufacture of a
controlled substance from eligibility for CalWORKs or Food
Stamp benefits but permits eligibility for CalWORKs services,
not cash benefits, and Food Stamp benefits if one of the
following conditions is met:
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a) The individual has completed a state-licensed, certified
or county-run drug treatment program while incarcerated, or
subsequent to incarceration, or is currently enrolled or
willing to enroll in such a program.
b) At least five years have elapsed since the individual
fulfilled the conditions imposed by the court in the
disposition of the criminal case, including conditions
relating to incarceration, parole, and probation.
.
c) The individual is not currently using a controlled
substance.
4)Requires an individual receiving benefits because five years
have elapsed since he or she fulfilled the court-imposed
conditions or because he or she is not currently using a
controlled substance to submit to medically acceptable drug
testing prior to enrollment in the CalWORKs and Food Stamp
programs.
5)Requires all individuals who receive CalWORKs or Food Stamp
benefits under this bill to submit to periodic drug testing.
6)Permits a county to remove individuals who receive CalWORKs
and Food Stamp benefits under this bill from the family grant
if it is determined that the individual has refused to
participate in a drug program without good cause or has
resumed use of a controlled substance.
7)Requires a county-level interagency team comprised of
representatives from the county departments of social
services, alcohol and drug services, mental health services
and probation to provide case management services to all
families that include individuals receiving benefits under
this bill.
8)Requires that CalWORKs services provided to individuals
receiving benefits under this bill be coordinated with the
Department of Corrections female offender treatment and
employment program in those counties where the program
provides those services
9)Requires in counties that do not have a female offender
treatment and employment program that a representative of the
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Department of Corrections Parole and Community Services
Division participate in the multidisciplinary case management
team except in those counties served by a regional parole
officer who must develop procedures to coordinate the case
management team with that officer.
10)Requires counties to issue vouchers or make vendor payments,
for at least rent and utilities, for families that include an
individual receiving benefits under this bill. .
11)Prohibits individuals who are not eligible for CalWORKs and
Food Stamp benefits under this bill from eligibility for
non-healthcare CalWORKs benefits.
12)Includes an unspecified appropriation from the Temporary
Assistance to Needy Families Block Grant (TANF) to counties
for implementation of this bill.
EXISTING LAW
1)Provides states with federal funds through the TANF block
grant program, and requires states to match a portion of those
funds.
2)Establishes the CalWORKs program, which provides time-limited
cash assistance and supportive services to eligible low-income
families.
3)Establishes the Food Stamp program which provides federally
funded nutrition assistance to low-income individuals and
families.
4)Under federal law, requires states to deny TANF and Food Stamp
benefits to individuals convicted of controlled
substance-related felonies unless the state enacts legislation
to the contrary after August 22, 1996 (P.L. 104-193, Section
115).
5)Denies CalWORKs and Food Stamp eligibility to individuals
convicted after December 31, 1997, of certain drug-related
felonies.
FISCAL EFFECT : The Senate Appropriations Committee found
annual costs of less than $150,000 for CalWORKs payments and
unknown costs for CalWORKs services. The Committee also noted
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that 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.
COMMENTS :
1)The author states that a 1994 study of women inmate and
parolee issues commissioned by the Legislature (SCR 33
Commission) identified the high costs of women offenders and
their minor children. She states that the SCR 33 Commission
concluded that substance abuse treatment, child care, and
preparation for assistance in obtaining employment could not
only reduce the return-to-custody rate for women offenders,
but lessen the risk that their children end up in foster care
or involved in the criminal justice system. She asserts
that this bill provides a solution to the
"parole-failure-rate" by providing an opportunity for some
individuals with drug felonies on their record to have access
to drug treatment, child care, and job training through
CalWORKs if they have successfully completed a drug treatment
program.
2)Unlike existing law, this bill would allow recipients with
drug convictions the opportunity to receive CalWORKs and Food
Stamp benefits, provided they meet certain conditions such as
enrollment in, or completion of, a drug treatment program and
being subject to periodic drug testing. This bill makes a
distinction in the requirements between persons convicted of
use and possession offenses and those convicted of sale,
transportation, or manufacture of controlled substances
offenses. Those who are convicted of use or possession may be
eligible for CalWORKs cash benefits and services and Food
Stamps if they meet the drug treatment and testing conditions.
Those convicted of a felony for the sale, transportation or
manufacture of a controlled substance are only eligible for
CalWORKs services, such as training and treatment, not a cash
grant, and Food Stamps. If they are eligible, the county
must issue vouchers or vendor payments for at least rent and
utility payments. All drug felons who would be eligible to
receive benefits under this bill would have to agree to
periodic drug tests.
3)Supporters argue that current law places a financial burden
not only on the individual who committed an offense, but on
the whole household, often tearing families apart, making
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children the ultimate victims. They also state that 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.
4)The Los Angeles District Attorney supports the bill because he
believes it is counterproductive to permanently deny public
assistance to a needy person solely because of a prior drug
conviction. He asserts that this bill provides alternatives
to a lifestyle involving substance abuse by providing
eligibility for those who participate in treatment and submit
to drug testing. He also believes that this bill would result
in a reduction in drug crimes.
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REGISTERED SUPPORT / OPPOSITION :
Support
California Association of Alcohol and Drug Program Executives
California Mental Health Directors Association
California Welfare Directors Association
California Women's Commission on Alcohol and Drug Dependencies
Coalition of California Welfare Rights Organizations
County Alcohol and Drug Program Administrators Association
Friends Committee on Legislation
The Jewish Federation
Jewish Public Affairs Committee of California
Los Angeles County District Attorney
Sober living Network
Tarzana Treatment Centers, Inc.
Tulare County Alcoholism Council
Western Center on Law and Poverty (if amended)
Opposition
None on file.
Analysis Prepared by : Curtis Child / HUM. S. / (916) 319-2247