BILL NUMBER: SB 1984 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Wright
FEBRUARY 25, 2000
An act to add Section 18901.3 to, and to repeal and amend Section
11251.3 of, the Welfare and Institutions Code, relating to human
services.
LEGISLATIVE COUNSEL'S DIGEST
SB 1984, as introduced, C. Wright. CalWORKs: food stamps:
general assistance.
Existing law provides that a person convicted of specified
felonies related to controlled substances shall be ineligible for aid
under the CalWORKs program, and also for non-health-care general
assistance benefits.
This bill would instead provide that persons convicted of
specified felonies related to controlled substances are ineligible
for aid under CalWORKs, non-health-care general assistance benefits,
or food stamps unless they meet one of several specified conditions
related to drug treatment, including completing a state-licensed,
certified, or county-run drug treatment program, and submit to
required periodic medical drug screening tests. This bill would
require a county level interagency team composed of specified
representatives of county social service agencies to provide case
management services to families receiving benefits under these
provisions, and would require the services to be coordinated with
certain corrections programs.
This bill would require counties to issue vouchers or vendor
payments for at least rent and utilities payments to families
eligible for aid under CalWORKs pursuant to these provisions.
This bill would make related technical changes.
This bill would require the State Department of Social Services to
adopt regulations, and would authorize the adoption of emergency
regulations, to implement its provisions.
This bill would make its provision operative on July 1, 2001.
By imposing new duties upon counties to administer these
provisions, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 11251.3 of the Welfare and Institutions Code,
as added by Section 1 of Chapter 283 of the Statutes of 1997, is
repealed.
11251.3. (a) An individual shall be ineligible for aid under this
chapter if the individual has been convicted in state or federal
court after December 31, 1997, including any plea of guilty or nolo
contendere, of any offense classified as a felony and that has as an
element of the possession, use, or distribution of a controlled
substance, defined in Section 102(6) of the Controlled Substance Act
(21 U.S.C. Sec. 802(6)).
(b) For a family receiving aid under this chapter that includes an
individual who is ineligible pursuant to subdivision (a), a county
shall issue vouchers or vendor payments for at least rent and
utilities payments.
SEC. 2. Section 11251.3 of the Welfare and Institutions Code, as
added by Section 1 of Chapter 284 of the Statutes of 1997, is amended
to read:
11251.3. (a) An individual shall be ineligible for aid under this
chapter if the individual has been convicted in state or federal
court after December 31, 1997, including any plea of guilty or nolo
contendere, of a felony that has as an element the possession, use,
or distribution of a controlled substance, defined in Section 102(6)
of the Controlled Substances Act (21 U.S.C. Sec. 802(6)) or Division
10 (commencing with Section 11000) of the Health and Safety
Code.
(b) Code, unless one of the following conditions is
met:
(1) The person, while incarcerated or subsequent to incarceration,
has successfully completed a state-licensed, certified, or
county-run drug treatment program.
(2) The person is currently participating in a state-licensed,
certified, or county-run drug treatment program, or is participating
in a court-mandated drug treatment or diversion program.
(3) The person is willing to enroll and subsequently provides
verification of enrollment in a state-licensed, certified, or
county-run drug treatment program.
(4) At least five years have elapsed since the person fulfilled
the conditions imposed by the court in the disposition of the
criminal case, including conditions relating to incarceration,
parole, and probation.
(5) The person is not currently using a controlled substance.
(b) In order to receive benefits pursuant to paragraph (1), (4),
or (5) of subdivision (a), a person shall, prior to receiving aid, be
required to submit to and pass a medical drug screening test, as
specified in regulations adopted by the department, that demonstrates
the person is not using a controlled substance, as defined in
subdivision (a), other than as authorized by law.
(c) All participants who receive benefits pursuant to this section
shall submit to and pass periodic medical drug screening tests, as
specified in regulations adopted by the department, that demonstrate
the person is not using a controlled substance, as defined in
subdivision (a), other than as authorized by law.
(d) A person's needs shall not be taken into consideration if it
is determined that the person has failed or refused to participate in
the drug treatment or diversion program without good cause, or
failed or refused to comply with subdivision (c). Penalties shall be
applied in accordance with the time frames established for financial
sanctions in subdivision (d) of Section 11327.5.
(e) A county level interagency team comprised of, but not limited
to, representatives from the county department of social services,
including both CalWORKs and child welfare, alcohol and drug services,
mental health services, and probation, shall be convened by the
CalWORKs program branch of the department to provide case management
services to all families enrolled under this section.
(f) In counties where the Department of Corrections is providing
services under the female offender treatment and employment program,
CalWORKs services provided under this section shall be coordinated
with that program. In all other counties, a representative of the
Department of Corrections Parole and Community Services Division
shall cooperate with the multidisciplinary team providing case
management services to any CalWORKs participant who is on parole.
This subdivision shall not apply to counties that do not physically
contain a parole unit or parole subunit. However, these counties
shall develop procedures to coordinate the work of the case
management team with the Parole and Community Services Division for
those CalWORKs participants currently on parole.
(g) For a family receiving aid under this chapter that
includes an individual who is ineligible
eligible pursuant to subdivision (a)
this section , a county shall issue vouchers or vendor payments
for at least rent and utilities payments.
SEC. 3. Section 18901.3 is added to the Welfare and Institutions
Code, to read:
18901.3. Pursuant to Section 115(d)(1)(A) of Public Law 104-193
(21 U.S.C. Sec. 862a (d)(1)(A)), California opts out of the
provisions of Section 115(a)(2) of Public Law 104-193 (21 U.S.C. Sec.
862a (a)(2)). Convicted drug felons shall be eligible for food
stamps under the same conditions as those required for CalWORKs
eligibility, as set forth in Section 11251.3, to the extent that
federal Food Stamp Program law permits.
SEC. 4. (a) The director, shall adopt regulations, as necessary,
to implement the provisions of this act regarding the drug screening
procedure, interpretation of drug screening results, standards for
reliability and accuracy of tests, and other necessary matters.
(b) Notwithstanding the provisions of the Administrative Procedure
Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of
Division 3 of Title 2 of the Government Code) through December 31,
2001, the State Department of Social Services may implement drug
screening provisions for convicted drug felons as described in this
act through all county letters or similar instructions from the
director.
(c) The department shall adopt regulations to implement this
section no later than January 1, 2002. Emergency regulations to
implement the applicable provisions of this section may be adopted by
the director in accordance with the Administrative Procedure Act.
The initial adoption of emergency regulations and one readoption of
the initial regulations shall be deemed to be an emergency and
necessary for the immediate preservation of the public peace, health,
safety, or general welfare. Initial emergency regulations shall be
exempt from review by the Office of Administrative Law. The
emergency regulations authorized by this section shall be submitted
to the Office of Administrative Law for filing with the Secretary of
State and shall remain in effect for no more than 180 days.
SEC. 5. Notwithstanding any other provision of law, this act shall
become operative on July 1, 2001.
SEC. 6. Notwithstanding Section 17610 of the Government Code, if
the Commission on State Mandates determines that this act contains
costs mandated by the state, reimbursement to local agencies and
school districts for those costs shall be made pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the
Government Code. If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.