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Double Jeopardy: An Assessment of the Felony Drug Provision of the Welfare Reform Act

NCJ Number
177095
Author(s)
Rukaiyah Adams; David Onek; Alissa Riker
Date Published
1998
Length
12 pages
Annotation
This study examines the impact on various San Francisco constituencies of California's ban on welfare services for persons convicted of drug-related felonies.
Abstract
In 1997, the California Legislature passed its version of the drug felony provision of Federal welfare legislation. Section 115 of the Federal welfare legislation places a lifetime ban on Temporary Assistance for Needy Families (TANF) and food stamp benefits for convicted drug felons. California passed similar legislation and went even further by disqualifying drug felons from State General Assistance benefits. In assessing the impact of this legislation on San Francisco's needy families, this study concludes that the drug felony provision will have a disproportionate effect on women, because women comprise the overwhelming majority of adult TANF recipients; and incarcerated women are more likely than incarcerated men to have a drug felony conviction. Also, the drug felony provision will greatly increase State costs, especially for foster care and criminal justice. The ban will increase the difficulties for a mother returning from prison to reunify with her children, since she will not be able to provide them with a stable income and housing. This becomes an emotional cost for the children, as they are separated from their mother and dumped on an overburdened foster care system. Further, the drug felony provision will make it more difficult for convicted drug offenders to receive treatment after their release, since many residential treatment programs depend on welfare programs to help defray the cost of room and board. Recommendations are offered for amending the drug felony provision and immediately minimizing the negative impact of the provision. 3 tables

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