BILL ANALYSIS
SENATE HEALTH AND HUMAN SERVICES
COMMITTEE ANALYSIS
Senator Martha M. Escutia, Chair
BILL NO: SB 1984
S
AUTHOR: Wright
B
AMENDED: As introduced
and as proposed to be amended in Committee
1
HEARING DATE: April 26, 2000
9
FISCAL: Appropriations
8
4
CONSULTANT:
Matosantos / ak
SUBJECT
CalWORKs: food stamps: general assistance
SUMMARY
Provides an exemption from the denial of CalWORKs and Food
Stamp eligibility to individuals convicted of controlled
substance related felonies if they meet certain criteria.
ABSTRACT
Existing law:
Federal law provides that a person convicted of controlled
substance related felonies is ineligible for TANF and Food
Stamp benefits unless the state enacts legislation to the
contrary after August 22, 1996. (P.L. 104-193, Section
115).
State law denies CalWORKs and Food Stamp eligibility to
individuals convicted of controlled substance related
felonies after December 31, 1997. (Welfare and Institutions
Code Section 11251.3).
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This bill:
1.Provides an exemption from the denial of CalWORKs and
Food Stamp eligibility to individuals convicted of
possession or use of a controlled substance after
December 31, 1997 if they meet one of the following
criteria:
Have successfully completed, are currently
participating in, or are willing to enroll and
subsequently provide verification of enrollment in, a
state-licensed, certified or county-run drug treatment
program.
Are currently participating in a court-mandated drug
treatment or diversion program.
At least five years have passed since their
fulfillment of court-imposed conditions in the
disposition of their criminal case, including
conditions related to incarceration, parole, and
probation.
Are not currently using a controlled substance.
2.Requires that beneficiaries who are not currently
enrolled in treatment initially submit to and pass
periodic medical drug screening tests, conducted in
accordance with Department of Social Services (DSS)
regulations that demonstrate they are not using a
controlled substance. After aid is commenced,
beneficiaries under this bill would be required to submit
to and pass periodic drug screening tests to continue
receiving benefits.
3.Establishes that if a person has failed or refuses to
participate in the drug treatment program without good
cause, or failed or refused to comply with the drug
screening tests, their needs shall not be taken into
consideration and penalties shall be applied.
4.Convenes a team comprised of, but not limited to, the
county CalWORKs and child welfare department, alcohol and
drug services, mental health services and probation, to
provide case management services. Requires that where
applicable, CalWORKs services be coordinated with
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STAFF ANALYSIS OF SENATE BILL 1984 (Wright) Page
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services provided under the Department of Corrections'
female offender treatment and that a representative of
the Department of Corrections Parole and Community
Services Division cooperate with the case management
team.
5.Makes aid available to participants in the form of
vouchers or vendor payments for at least rent and
utilities.
6.Directs the director of DSS to adopt regulations
regarding the drug screening procedure, interpretation of
drug screening results, standards for reliability and
accuracy of tests by no later than January 1, 2002 and
authorizes the department to adopt these as emergency
regulations.
FISCAL IMPACT
Unknown. According to both the Senate and Assembly
Appropriations Committees, the estimated cost of a similar
measure introduced last year constituted less than $150,000
of new general fund expenditures. The Department of
Finance estimated a cost of at least $507,000 for the
CalWORKs portion of last year's measure. The author and
both Appropriations Committees argue this cost can be
covered by the CalWORKs single allocation funds. Food
stamps coupons are federally funded; administrative costs
are paid by state and county funds.
BACKGROUND AND DISCUSSION
SB 1984 provides an exemption from the denial of CalWORKs
and Food Stamp eligibility to individuals convicted of
controlled substance related felonies who meet specified
criteria. It requires that beneficiaries submit to and
pass periodic medical drug screening tests that demonstrate
they are not using a controlled substance. The bill
convenes a team of relevant parties to provide case
management services. It also requires that services be
coordinated with other available services provided by the
Department of Corrections. Lastly, the bill makes aid
available to participants in the form of vouchers or vendor
payments for at least rent and utilities.
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Denial of CalWORKs and Food Stamps eligibility to
individuals convicted of drug related crimes. Federal
welfare legislation, enacted in 1996, provides that persons
convicted of certain controlled substance related felonies
are permanently excluded from eligibility for Food Stamps
and CalWORKs (TANF). Federal law permits states to opt out
of the prohibition on aid and limit the scope and period of
ineligibility. In 1997, California enacted legislation to
adopt the federal provision which eliminated CalWORKs and
Food Stamps eligibility for persons convicted of
drug-related felonies after December 31, 1997. The author
argues that this denial of eligibility results serious
problems for women who are attempting to recover from
substance abuse problems and prevents reunification of
mothers with their children.
Women are most affected by CalWORKs and Food Stamp limits
on eligibility. The majority of CalWORKs recipients and
people affected by the ban on CalWORKs and Food Stamp
eligibility for individuals who have been convicted of
drug-related crimes are women. Approximately 80% of women
in prison are mothers of on average two children. They are
most likely to be members of minority ethnic groups, to
have less than a high school degree and have earned a
low-income previous to incarceration. According to a
Center on Juvenile Crime and Criminal Justice publication,
80% have been the victims of physical, sexual and emotional
abuse. (Women in California Prisons, Center on Juvenile and
Criminal Justice, May 1994) Almost half of the women in
California prisons were convicted of drug related crimes.
The author of SB 1984 argues that when these women are
released from prison they face dismal employment prospects
and lack access to the resources that would enable them to
achieve self-sufficiency.
According to the Department of Corrections, in 1997 over
two-thirds of women parolees returned to prison. New
crimes accounted for 13% of female returns to prison and
the return-to-custody rate for female parolees was 55%.
Research has shown that children of incarcerated parents
face unique difficulties including trauma, vulnerability to
feelings of fear, anxiety, anger sadness, depression and
guilt, instability and serious behavioral consequences.
Research also suggests that these children are more likely
to become involved in the criminal justice system. Studies
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indicate that the impact of having an incarcerated mother
is greater than of having an incarcerated father. (Children
of Incarcerated Parents, California Research Bureau, March
2000) According to the author, a study of women inmates
and parolees commissioned by the Legislature in 1994
concluded that substance abuse treatment, child care and
preparation for, and assistance in, obtaining employment
could reduce the return-to-custody rate for women offenders
and lessen the risk that their children become involved in
the criminal justice system.
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CalWORKs provides a variety of services to program
eligibles. CalWORKs offers a variety of services including
childcare, supportive services, job training and substance
abuse services for program eligibles. However, women
affected by the CalWORKs and Food Stamps "drug felon"
limits on eligibility can not access these services. The
author argues that as a result, women are excluded from the
services that could lead to self-sufficiency and the
unification of their families.
Arguments in Support. Supporters of SB 1984 argue that the
denial of aid to persons convicted of a drug felony,
without consideration of a person's participation in a drug
treatment program, reduces the chance these individuals
will be able to achieve self-sufficiency and results in
increased state costs. They argue that these prohibitions
result in decreased resources to already limited drug
treatment programs and added pressure to county support
systems. This is due, in part to the reliance of many
residential drug treatment programs on the client's food
stamps to defray the costs related to treatment. Lastly,
supporters of SB 1984 believe that eliminating eligibility
is not likely to discourage substance abuse and impedes the
recovery of people who are not yet able to secure permanent
jobs.
Related legislation. Last year, SB 659 (Wright) created an
exemption from the ban on CalWORKs and Food Stamp
eligibility of individuals convicted of drug-related crimes
who met specified criteria. However, SB 659 affected
individuals not only convicted of possession and use, but
also persons convicted of sale, transportation or
manufacture of a controlled substance. The Governor vetoed
SB 659 because "convicted felons do not deserve the same
treatment as law-abiding citizens, especially those that
manufacture, transport or distribute drugs." As a result
of last year's actions by the Governor, the author
re-introduced a narrow version of the bill in SB 1984,
which applies only to those convicted of possession or use,
not to those convicted of sale, transportation or
manufacture.
Amendments. The author will amend the bill to exempt only
individuals convicted of possession or use of a controlled
substance from current law's CalWORKs and Food Stamp
STAFF ANALYSIS OF SENATE BILL 1984 (Wright) Page
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eligibility prohibition. According to the author, SB 1984
will impact 65% of those that would have been affected by
SB 659.
POSITIONS
Support: Alameda County Board of Supervisors
CADPAAC
California Association of Alcohol and Drug
Program Executives, Inc.
California Women's Commission on Addictions
County Welfare Directors Association
Jericho
Lutheran Office of Public Policy
Ventura County Board of Supervisors
Western Center on Law and Poverty
Oppose:None registered
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