Today's Law As Amended

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SB-1029 CalFresh eligibility.(2013-2014)

As Amends the Law Today


 Section 18901.3 of the Welfare and Institutions Code is amended to read:

 (a) Subject to the limitations of subdivision (b), 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)). An individual convicted as an adult  in state or federal court after December 31, 1997, including any plea of guilty or nolo contendere, of any offense classified as a felony that has as an element the possession, use, or distribution of a controlled substance, as defined in Section 102(6) of the federal Controlled Substances Act (21 U.S.C. Sec. 802(6)) or Division 10 (commencing with Section 11000) of the Health and Safety Code, shall be eligible to receive CalFresh benefits as provided for under this section.
(b) As a condition of eligibility to receive CalFresh benefits pursuant to subdivision (a), an applicant or recipient  described in subdivision (a) who is on probation or parole shall comply with the terms of the  probation or parole, including participation in a government-recognized drug treatment program, if required. If the county human services agency receives verification that the individual is in violation of  individual’s  probation or parole has been revoked  or that the individual is a fleeing felon pursuant to federal law,  law and guidance,  the individual shall be become  ineligible for CalFresh benefits under this section until the person is no longer in violation of probation or parole or  for the duration of the revocation period or while the person is  a fleeing felon pursuant to federal law. Verification shall be obtained using existing county human services agency protocols to determine eligibility. law and guidance. 
(c) This section shall become operative on April 1, 2015. Notwithstanding the rulemaking 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), until January 1, 2016, the department may implement and administer this section by all-county letters or similar instructions until regulations are developed. The all-county letters or similar instructions shall be developed in consultation with the Chief Probation Officers of California, the County Welfare Directors Association of California, and client advocates. The department shall adopt regulations implementing this section by January 1, 2016. 
SEC. 2.
  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.