ARIZONA STATE SENATE
Phoenix, Arizona
REVISED
welfare benefits;
program eligibility
Restores temporary assistance for needy families (TANF) and food stamp benefits after three years from the date of conviction of a class four, five or six drug felony or upon conviction if the person successfully completed drug treatment or probation or semi-annual drug testing shows the person is not using drugs.
Chapter 34 of the Criminal Code covers drug offenses such as possession, use, production, sale or transport of regulated chemicals. Upon conviction under this chapter, current law allows the court to render a person ineligible to receive any public benefits and to set the length of time the person is ineligible for benefits.
The federal law establishing TANF denies TANF and food stamp benefits for felony drug-related convictions with no time limit on the denial unless a state enacts specific conditions to exempt individuals from this denial. Twenty-two states entirely deny TANF benefits for conviction of drug offenses, eight states do not deny benefits at all and 20 states have modified exemptions for individuals convicted of drug felonies.
This bill likely has a fiscal impact, but it is not determinable.
1. Restores TANF and food stamp benefits after three years from the date of conviction of a class four, five or six drug felony or upon conviction if the person documents either:
a) Successful completion of drug treatment.
b) Successful completion of probation.
c) Semi-annual drug testing that shows no use of drugs, at the person's own expense.
2. Requires the Department of Economic Security to amend the TANF state plan to allow exemption of drug felons from denial of benefits under specified conditions.
3. Provides for a general effective date.
Amendments Adopted by Family Services Committee – Withdrawn in Committee of the Whole
· Requires random drug testing, at the applicant's expense, to indicate the applicant is not using drugs, and either participation in drug treatment or successful completion of probation.
Amendments
Adopted by Appropriations Committee
· Delays restoration of benefits until three years after conviction unless the applicant provides documentation of one of the following:
a) Successful completion of drug treatment.
b) Successful completion of probation.
c) Semiannual drug testing, at the applicant's expense, shows no drug use.
Amendments
Adopted in Committee of the Whole
· Removes the necessity of determining whether a federal law or law of another state is comparable to Arizona law.
Senate Action
FS 1/30/02 DPA 5-0-1-0
APPROP 3/12/02 DPA 8-2-2-0
3rd Read 3/28/02 17-11-2
Prepared by Senate Staff
April 1, 2002