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Implications of Welfare Reform on the Criminal Justice Client

Prohibits assistance with individuals with drug felony convictions after August 22, 1996 :
Denies eligibility for individuals in violation of their parole or probation (TANF, food stamps, SSI, and public housing)
Denies eligibility for fugitive felons (TANF, food stamps, SSI, and public housing)
Authorizes -- but does not require -- States to conduct drug testing of recipients and sanction individuals who test positive

Ban applies to TANF and food stamps
Applies to felonies involving use, possession, and distribution
Applies to convictions after August 22, l996
Felony convictions are to be self-reported by applicants
States can choose to opt out entirely or narrow the scope of the ban by enacting legislation
Medicaid eligibility not affected
Eligibility for other programs not affected -- such as immunizations, in-kind emergency disaster relief, public health assistance for testing and treatment of communicable diseases, prenatal care, job training, and drug treatment

Law prohibits benefits to anyone who is:
-- "fleeing to avoid prosecution, or custody or confinement after conviction for a crime or an attempt to commit a crime, which is a felony "
-- "violating" a condition of parole or probation
The term "violating" is not defined
The duration of ineligibility is different for different benefits:
-- SSI and food stamps -- "during such month"
-- food stamps -- "during any period"
-- TANF and public housing -- not defined in law
Upon request, SSA and state social services officials must provide the address of a recipient to law enforcement officers if the recipient is in violation of parole or probation and/or has information the officer needs to perform official duties

Most states do not know how many welfare recipients have drug and alcohol problems
Fewer still have estimates of how many have drug felony convictions
Only one state -- Washington -- had an estimate of the number of welfare recipients with drug felony convictions. Yet the welfare and alcohol and drug agencies report different estimates -- 65 and 200 per year, respectively

Drug felony convictions in seate court (1994) -- 274,245 (31.5 percent of all state felony convictions)
Drug felony convictions in federal court (1990) -- 15,124
Individuals on parole (as of Dec 31, 1994) -- 690,159
Adults on probation (both state and federal) (as of Dec 31, 1994) -- 2,964,171
Juvenile delinquency cases involving drug offenses (1994) -- 120,200
Female prisoners in state and federal institutions for drug offenses(l993) -- 17,350 jji

According to SAMHSA TEDS data, in 1995:

17.7 percent of individuals admitted to publicly funded treatment programs received public assistance For heroin users, it was nearly double (33.4 percent)
34.3 percent of total admissions to publicly funded treatment providers came through the criminal justice system For some drugs, it was much more (49.3 percent for marijuana)
For individuals referred to publicly funded treatment by the criminal justice system, more than one third (35.4 percent) were on parole or probation
For illegal drug users admitted to publicly funded treatment through the criminal justice system, parole and probation was a more significant source of treatment referral -- 49 percent for smoked cocaine, 56.8 percent of heroin, and 65.7 percent for stimulants other than methamphetamine
Of clients in CSAT-funded women's treatment programs who were also receiving AFDC, 19 percent were in treatment as a condition of parole or probation and 21 percent had a felony drug conviction

Threatens the availability of welfare funding for community-based residential treatment
Threatens the continuity of diversion programs for addicted offenders, adding to already high cost of incarceration
Reduces funding for and access to treatment for individuals involved in the criminal justice system
Eliminates a safety net for individuals who have been in recovery, worked, and paid taxes
Puts state and local budgets at risk for supporting an influx of individuals who will no longer qualify for federal assistance

Opt out entirely
Opt out partially by include lifting the ban for individuals who:
-- Since their conviction have worked or gone to school, are in recovery, have otherwise demonstrated rehabilitation, or are willing to enter treatment
-- Are pregnant, adolescents, HIV positive, or otherwise vulnerable
-- Have not been convicted of another drug felony in a specified time period (for example, one to three years)

Limit the term "violating" to include only violations adjudicated by a court or administrative hearing
Clarify that ineligibility ends when the violator returns to compliance
Take care to ensure that work and other activities required under the new welfare law do not conflict with mandates imposed by the criminal justice system

Refer those who test positive for clinical assessment, including referral to treatment, which must be available before sanctions are imposed
Impose sanctions only against the person who tests positive, not children or other family members
Provide prior written notice of testing requirements and the consequences of testing positive
Enforce procedural safeguards to ensure that samples are not contaminated and that the "chain of custody" is preserved and well documented
Confirm positive results with a second, more accurate test
Allow testing only by licensed laboratories that conform to federal testing standards
Provide medical review of all positive results to determine if the positive result is actually due to illegal drug use

Agenda
Resource Notebook

Last Updated 11-7-02