BILL ANALYSIS
SB 659
Page 1
SENATE THIRD READING
SB 659 (Wright)
As Amended August 17, 1999
2/3 vote. Appropriation
SENATE VOTE :29-2
HUMAN SERVICES 7-1 APPROPRIATIONS 15-0
-----------------------------------------------------------------
|Ayes:|Aroner, Bock, Brewer, |Ayes:|Migden, Ackerman, Brewer, |
| |Ducheny, Dutra, Floyd, | |Cedillo, Davis, |
| |Strom-Martin | |Hertzberg, Kuehl, |
| | | |Maldonado, Romero, |
| | | |Shelley, Steinberg, |
| | | |Thomson, Wesson, Wiggins, |
| | | |Longville |
|-----+--------------------------+-----+--------------------------|
|Nays:|Ashburn | | |
| | | | |
-----------------------------------------------------------------
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; or,
SB 659
Page 2
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:
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; or,
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
SB 659
Page 3
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
Department of Corrections Parole and Community Services
Division participate in the multidisciplinary case management
team except in those counties that do not physically contain a
parole unit or parole subunit; in those counties procedures
must be developed to coordinate the case management team with
the Parole and Community Services Division.
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
SB 659
Page 4
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 Assembly Appropriations Committee found
that to date, 44 individuals have been denied CalWORKs
eligibility due to drug related felony convictions.
Accordingly, annual costs likely would not exceed $150,000.
COMMENTS : The author 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.
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.
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 children
the ultimate victims. They also state that the affected
SB 659
Page 5
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.
Analysis Prepared by : Curtis Child / HUM. S. / (916) 319-2247
FN: 0002479