BILL ANALYSIS
SB 659
Page 1
SENATE THIRD READING
SB 659 (Wright)
As Amended August 30, 1999
Majority vote
SENATE VOTE :29-2
HUMAN SERVICES 7-1 APPROPRIATIONS 15-0
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|Ayes:|Aroner, Bock, Brewer, |Ayes:|Ackerman, Brewer, |
| |Ducheny, Dutra, Floyd, | |Cedillo, Davis, |
| |Strom-Martin | |Hertzberg, Kuehl, |
| | | |Maldonado, Migden, |
| | | |Romero, Shelley, |
| | | |Steinberg, Thomson, |
| | | |Wesson, Wiggins, |
| | | |Longville |
|-----+--------------------------+-----+--------------------------|
|Nays:|Ashburn |Nays:|None |
| | | | |
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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
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relating to incarceration, parole, and probation; or,
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 otherwise eligible to receive benefits
because: a) he or she successfully completed a drug treatment
program while incarcerated or subsequent to incarceration; b)
five years have elapsed since he or she fulfilled the
court-imposed conditions; or, c) he or she is not currently
using a controlled substance, to submit to and pass a medical
drug screening test that demonstrates the person is not using
a controlled substance.
5)Requires all individuals who receive CalWORKs or Food Stamp
benefits under this bill to submit to and pass periodic
medical drug screening tests that demonstrates that the person
is not using a controlled substance.
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 treatment or diversion program without
good cause or has resumed use of a controlled substance.
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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
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)Requires the Department of Social Services (DSS) to adopt
regulations specifying which drug tests will be used in the
program.
13)Provides that a CalWORKs recipient who receives only services
shall be subject to the same time limits imposed on those
receiving cash benefits.
14)Requires DSS to adopt regulations no later than January 1,
2001 to specify the drug screening procedure, how to interpret
drug screening results, establish standards for reliability
and accuracy of tests and other necessary matters.
15)Permits DSS to implement the requirements of this bill
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without adopting regulations through all county letter or
similar instructions from the director through December 31,
2000.
16)Permits DSS to deem the initial adoption and one readoption
of regulations as an emergency and exempt from review by the
Office of Administrative Law and permit the emergency
regulations to remain in effect for no more than 180 days.
17)Establishes July 1, 2000 as the effective date 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 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
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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. Individuals convicted
of use and possession felonies are eligible for cash benefits
and services and those convicted of sale, transportation, or
manufacture of controlled substances felonies 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.
This bill makes clear that the required drug tests must be
medical tests and not written or oral assessment or screening
devices. Such medical tests are those that involve the
collection of samples and reliable laboratory analysis by
professionals and medical officers. Medical exams do not
include written assessments such as the Substance Abuse Subtle
Screening Inventory (SASSI).
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
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: 0002727