BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 659|
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UNFINISHED BUSINESS
Bill No: SB 659
Author: Wright (R), et al
Amended: 8/30/99
Vote: 21
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
SENATE FLOOR : 29-2, 5/24/99
AYES: Alarcon, Alpert, Baca, Bowen, Burton, Chesbro,
Costa, Dunn, Escutia, Figueroa, Hayden, Hughes,
Johannessen, Karnette, Kelley, McPherson, Monteith,
Murray, O'Connell, Ortiz, Peace, Perata, Polanco, Rainey,
Sher, Solis, Speier, Vasconcellos, Wright
NOES: Morrow, Mountjoy
NOT VOTING: Brulte, Haynes, Johnson, Johnston, Knight,
Leslie, Lewis, Poochigian, Schiff
ASSEMBLY FLOOR : 60-8, 9/1/99 - See last page for vote
SUBJECT : CalWORKs: food stamps: general assistance
SOURCE : Author
CONTINUED
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DIGEST : This bill 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.
Assembly Amendments :
1. Provide that the provisions of the bill would not apply
to counties served by a regional parole officer.
2. Add certified or county-run drug treatment programs to
the provisions making persons convicted of specified
felonies relating to controlled substances ineligible
for CalWorks or Food Stamps unless the requirements
relating to drug treatment are met.
3. Require the Department of Social Services to adopt
regulations pertaining to drug tests and screening
4. Make July 1, 2000 the effective date of the bill.
5. Make various clarifying changes.
ANALYSIS : 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
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individuals convicted after December 31, 1997, of
certain drug-related felonies.
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,
C. The individual is not currently using a controlled
substance.
1. 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
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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.
1. 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.
2. 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.
3. 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.
4. 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.
5. 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
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program provides those services.
6. 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.
7. 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.
8. Prohibits individuals who are not eligible for CalWORKs
and Food Stamp benefits under this bill from eligibility
for non-healthcare CalWORKs benefits.
9. Requires the Department of Social Services (DSS) to
adopt regulations specifying which drug tests will be
used in the program.
10.Provides that a CalWORKs recipient who receives only
services shall be subject to the same time limits
imposed on those receiving cash benefits.
11.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.
12.Permits DSS to implement the requirements of this bill
without adopting regulations through all county letter
or similar instructions from the director through
December 31, 2000.
13.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
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no more than 180 days.
14.Establishes July 1, 2000 as the effective date of this
bill.
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.
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.
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The ban has the effect of preventing reunification with
their children upon their return from prison and gives them
little hope.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
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.
SUPPORT : (Verified 9/1/99)
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
Los Angeles County District Attorneys Office
California Association of Alcohol and Drug Program
Executives
Tarzana Treatment Centers Coalition
California Welfare Rights Organization
Ventura County
Jewish Federation
Counties of Fresno and Los Angeles
Lutheran Office of Public Policy
County of Santa Clara
California Mental Health Directors Association
County Welfare Directors Association
Sober Living Network
Tulare County Alcoholism Council
California Women's Commission on Alcohol and Drug
Dependencies
Jewish Public Affairs Committee of California
OPPOSITION : (Verified 9/1/99)
Department of Finance
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ASSEMBLY FLOOR : 60-8, 9/1/99
AYES: Aanestad, Ackerman, Alquist, Aroner, Bates, Bock,
Brewer, Briggs, Calderon, Campbell, Cardoza, Cedillo,
Corbett, Cox, Cunneen, Davis, Dickerson, Ducheny, Dutra,
Firebaugh, Floyd, Frusetta, Gallegos, Granlund,
Hertzberg, Honda, House, Jackson, Keeley, Knox, Kuehl,
Leach, Lempert, Leonard, Longville, Lowenthal, Machado,
Maldonado, Margett, Mazzoni, Migden, Robert Pacheco,
Papan, Reyes, Romero, Scott, Soto, Steinberg,
Strom-Martin, Thompson, Thomson, Torlakson, Vincent,
Washington, Wesson, Wiggins, Wildman, Wright, Zettel,
Villaraigosa
NOES: Ashburn, Baldwin, Florez, Havice, McClintock,
Olberg, Rod Pacheco, Runner
NOT VOTING: Battin, Baugh, Cardenas, Correa, Kaloogian,
Maddox, Nakano, Oller, Pescetti, Shelley, Strickland,
Wayne
CP:jk 9/1/99 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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