Existing federal law establishes various disability benefits programs, including the Supplemental Security Income (SSI) program, under which cash assistance is provided to qualified low-income aged, blind, and disabled persons. Existing federal law requires the federal Commissioner of Social Security to develop a system under which an individual can apply for SSI benefits prior to the discharge or release of the individual from a public institution.

This bill would require the Secretary of the Department of Corrections and Rehabilitation to establish and maintain a statewide memoranda of understanding with the federal Social Security Administration to allow a person incarcerated in a correctional institution to apply for and receive a replacement social security card and to allow the administration to process SSI claims under the prerelease program.

Existing federal law provides for the federal Supplemental Nutrition Assistance Program (SNAP), known in California as CalFresh, formerly the Food Stamp Program, under which supplemental nutrition assistance benefits allocated to the state by the federal government are distributed to eligible individuals by each county. Existing federal law generally prohibits a resident of an institution from receiving supplemental nutrition assistance benefits.

This bill would require the State Department of Social Services, on or before March 31, 2018, to request a waiver to allow for the preenrollment of otherwise eligible applicants to the CalFresh program up to one month prior to the applicants reentry into the community from a county jail or the state prison. To the extent that any federally necessary waiver is obtained, the bill would authorize a county board of supervisors or the Department of Corrections and Rehabilitation to establish a policy to facilitate applications for the CalFresh program for prisoners prior to their release from a county jail or the state prison, respectively.

Existing law, as added by Proposition 7 of 1978, as amended by several initiative measures thereafter, specifies the circumstances in which a person convicted of certain crimes shall be sentenced to death or imprisonment for life without the possibility of parole. Those initiative measures may not be amended by the Legislature. Existing law, as further amended by Proposition 115 and Proposition 21, requires persons convicted of certain crimes to be sentenced to death or imprisonment without the possibility of parole. Those initiative measures may be amended by a ²/₃vote of the Legislature.

Existing law authorizes a defendant who was under 18 years of age at the time of committing an offense for which the defendant was sentenced to life without the possibility of parole to submit a petition for recall and resentencing to the sentencing court, as prescribed.

This bill would amend the above-referenced initiatives by defining the sentence of life without parole for a person who was under 25 years of age at the time of the commission of the offense as life without the possibility of parole for 25 years.

The bill would require the Secretary of State to submit provisions of the bill to the voters for their approval at the June 5, 2018, statewide primary election.

SENATE COMMITTEE ON

Senator Ricardo Lara, Chair

2017 - 2018 Regular Session

SB 708 (Skinner) - Supplemental Security Income and CalFresh: preenrollment

This bill meets the criteria for referral to the Suspense File.

Bill Summary:

SB 708 would require the Secretary of the Department of Corrections and Rehabilitation (CDCR) to establish and maintain a statewide memorandum of understanding (MOU) with the federal Social Security Administration (SSA) to allow a person incarcerated in a correctional institution to apply for and receive a replacement social security card and to allow the administration to process SSI claims under the prerelease program. This bill would also require the California Department of Social Services (CDSS), on or before March 31, 2018, to request a waiver to allow for the preenrollment of otherwise eligible applicants to the CalFresh program up to one month prior to the applicants’ reentry into the community from a county jail or the state prison.

Fiscal Impact:

• Ongoing costs, likely between $4-5 million annually, to CDCR for additional staff to create a database to track and process CalFresh applications, assist inmates with preenrolling to obtain CalFresh benefits, and secure birth certificates in order to obtain a social security card. (GF)
• One-time costs of approximately $200,000 to CDSS for automation changes required for the Statewide Automated Welfare Systems (SAWS) to accommodate preenrollment of applicants. (Federal/GF)

Background:

According to the Public Policy Institute of California, in 2014, about 70,000 adults were released back into the community after serving jail sentences, and CDCR reports that 34,807 inmates were released from CDCR institutions in 2016.

CalFresh benefits are funded entirely by the federal government through the USDA’s SNAP program, which provides food benefits to eligible, low-income households nationwide. CalFresh is administered by CDSS at the state level and California’s 58 counties are responsible for administering the program at the local level.

The CalFresh application process requires individuals to provide specified information in order to determine eligibility, including proof of citizenship, proof of income, proof of residency, social security number, proof of disability (if applicable), and receipts of other kinds of expenses, such as medical bills, childcare and/or child support.

Federal regulations prohibit a person who is incarcerated from being eligible for SNAP (CalFresh) benefits. However, SSA has issued at least five statewide waivers to this rule to allow for pre-enrollment in SNAP of soon-to-be released inmates. These waivers are intended to improve access to SNAP benefits for former prisoners at a particularly vulnerable time, when they have just been released from prison and may be less likely to have the resources needed to purchase food. In certain circumstances, such as when an inmate is released from jail or prison with little or no access to cash, one allotment of expedited CalFresh benefits may be made available within three days of receipt of a CalFresh application.

CDCR’s Transitional Case Management Program (TCMP) provides pre-release Medi-Cal, SSA, and Veterans Administration benefit application assistance to all eligible inmates releasing to parole or post release community supervision.

To assist soon-to-be released inmates get replacement SSN cards and apply for benefits, SSA created a pre-release program in which SSA enters into written MOUs with prisons and other institutions. SSA has not yet entered into such an MOU with California.

SSI/SSP provides a monthly cash benefit to eligible aged, blind, and disabled people to meet their basic living expenses, such as food, clothing and shelter. SSI is funded with federal dollars while SSP is funded by the state General Fund. Since 2008, California has been operating with a statewide prerelease agreement with SSA to facilitate SSI applications for soon-to-be released inmates in the CDCR system.

Proposed Law:

This bill would:

• Require CDCR (unless it is inconsistent with the findings in the mandated report on the Case Management Reentry Pilot Program) to establish and maintain the following MOUs with the federal SSA:
  • A statewide MOU that would allow a person incarcerated in a correctional facility, as defined, to apply for and receive a replacement social security card, as specified;
  • A statewide MOU that would allow the federal SSA to process Supplemental Security Income (SSI) claims under the prerelease program, as established in federal law and regulations;
• Prohibit the MOUs from supplanting any prior related agreement a correctional facility has entered into with the federal SSA;
• Require CDSS to submit to the United States Department of Agriculture (USDA), on or before March 31, 2018, a waiver to allow for the preenrollment of otherwise eligible applicants to the CalFresh program up to one month prior to the applicants’ reentry into the community from a county jail or the state prison;
• Authorize a county board of supervisors or CDCR to establish a policy to facilitate applications for the CalFresh program for inmates prior to their release from a county jail or the state prison, respectively, and require the county jail or state prison to coordinate with the county human services agency to ensure the processing of applications prior to the applicants’ reentry into the community;
• Require CDSS to work with the County Welfare Directors Association of California, representatives from county jails, and the Department of Corrections and Rehabilitation to develop any necessary procedures for the preenrollment process and to issue guidance to enable the preenrollment process.

Related Legislation:

AB 1468 (Committee on Budget, Chapter 26, Statutes of 2014) repealed the lifetime ban on CalFresh for people with prior drug felony convictions as long as they are complying with the conditions of their probation or parole. This bill also established CDCR’s Case Management Reentry Pilot Program to provide intensive case management to offenders who have been released on parole and are likely to benefit from assistance designed to avoid homelessness and joblessness and provide assistance for people with mental illnesses and developmental disabilities.

AB 2308 (Stone, Chapter 607, Statues of 2014) made California’s Cal-ID program mandatory for all individuals in state prison. It also authorized the DMV and CDCR to create an MOU so that CDCR could provide all eligible individuals with state-issued identification cards prior to release.

AB 720 (Skinner Chapter 646, Statutes of 2013) required the board of supervisors in each county to designate an entity to assist certain jail inmates to apply for a health insurance affordability program, as defined. The bill prohibits county jail inmates who are currently enrolled in Medi-Cal from being terminated from the program due to their detention, unless required by federal law or they become otherwise ineligible, as specified.

SB 283 (Hancock, 2013), would have repealed the ban on CalFresh and CalWORKs for people with nonviolent felony drug convictions. The bill died in the Assembly Appropriations Committee.

Staff Comments:

Some of the mandates in this bill have already been implemented or are in the process of being implemented. Since 2008, CDCR has had an MOU in place with SSA facilitating SSI applicants. CDSS reports that it is in the process of drafting a request to the Food and Nutrition Service for a waiver to federal regulations for CalFresh applicants who are incarcerated, similar to the requirement in this bill.

In order to meet the requirements of this bill, CDCR would likely need an additional TCMP Benefit Worker position per each CDCR institution plus TCMP Benefit Workers and Supervisors at their other facilities and within the field to help soon-to-be released inmates obtain the necessary documentation to apply for benefits and actually apply for the benefits. Obtaining birth certificates, which are necessary for obtaining a social security card (a U.S. hospital record of birth or a U.S. passport may suffice), can be challenging to obtain if the inmate was born out-of-state or on a military base. Additionally, for California-born inmates, each birth certificate would cost $28 to obtain. CDCR would also require additional staff to oversee statewide operations and provide outcome data reporting.

-- END --

SENATE COMMITTEE ON HUMAN SERVICES

Senator Wiener, Chair

2017 - 2018 Regular

Bill No: SB 708

Subject: Supplemental Security Income and CalFresh: preenrollment

SUMMARY

This bill requires the Secretary of the Department of Corrections and Rehabilitation (CDCR) to establish memoranda of understanding with the federal Social Security Administration (SSA) to allow a person incarcerated in a correctional institution to apply for and receive a replacement social security card and to allow the SSA to process Supplemental Security Income (SSI) claims under the prerelease program. This bill also requires the California Department of Social Services (CDSS) to request a waiver to allow for the pre-enrollment of otherwise eligible applicants to the CalFresh program up to one month prior to the applicant’s reentry into the community from county jail or state prison.

ABSTRACT

Existing law:

1. Establishes under federal law the Supplemental Nutrition Assistance Program (SNAP) within the US Department of Agriculture (USDA) to promote the general welfare and to safeguard the health and wellbeing of the nation’s population by raising the levels of nutrition among qualified low-income households. (7 CFR 271.1; 7 CFR 273.9)
2. Prohibits residents of an institution, as defined, to be eligible for Federal SNAP benefits. (7 CFR 273.1(b)(7)(vi)
3. Allows FNS to approve waivers that result in a more effective and efficient administration of the SNAP. (7 CFR 272.3(c)(1(ii)
4. Establishes in California statute the CalFresh program to administer the provisions of federal SNAP benefits to low-income families and individuals meeting specified criteria. (WIC 18900 et seq.)
5. Requires CDCR to establish the Case Management Reentry Pilot Program, as specified, for offenders under the jurisdiction of CDCR who are likely to benefit from a case management reentry strategy designed to address homelessness, joblessness, mental disorders, and developmental disabilities among offenders transitioning from prison into the community. (PC 3016(a))
6. Requires that case management social workers within the Case Management Reentry Pilot Program shall assist offenders on parole who are assigned to the program in managing basic needs, including housing, job training and placement, medical and mental health care, and any additional programming or responsibilities attendant to the terms of the offender’s reentry requirements, as specified.(PC 3016 (c))
7. Requires CDCR to contract for an evaluation of the Case Management Reentry Pilot Program that will assess its effectiveness in reducing recidivism among offenders transitioning from prison into the community, which is due to the Legislature and the Governor no later than July 31, 2017. (PC 3016 (f))
8. Establishes the national SSI program, which provides supplemental security income to individuals who have attained age 65 or are blind or disabled and requires that the income and resources of certain SSI recipients shall not be considered in determining eligibility or level of benefits of the household, as specified. (42 U.S.C. 1381 et. seq.) (7 CFR § 273.20 (c))
9. Establishes the State Supplementary Program (SSP), which supplements federal SSI payments in order to provide persons who are aged, blind or disabled with assistance and services that help them meet basic needs and maintain or increase independence. (WIC 12000 et seq.)

This bill:

Establishes Legislative intent to improve the public health of communities receiving people reentering the community from jail or prison, and to increase the likelihood of success of people reentering their communities.

1. Requires the Secretary of CDCR to establish Memorandums of Understanding (MOUs) with the federal SSA, unless such MOUs are inconsistent with the findings in the mandated report on the Case Management Reentry Pilot Program, that would:
2. Allow a person incarcerated in a correctional facility, as defined, to apply for and receive a replacement social security card, as specified.
3. Allow the federal SSA to process SSI claims under the prerelease program, as established in federal law and regulations.
4. Prohibits the MOUs from supplanting any prior related agreement that a correctional facility has entered into with the federal SSA.
5. Requires CDSS to request a waiver of federal regulations, as specified, to allow for the pre-enrollment of otherwise eligible applicants to the CalFresh program up to one month prior to the applicant’s reentry into the community from county jail or state prison.
6. Permits a county board of supervisors or CDCR, to the extent that any federally necessary waiver is obtained, to establish a policy to facilitate applications for the CalFresh program for inmates prior to their release from a county jail or the state prison. If such a policy is established, requires the county jail or state prison to coordinate with the county human services agency to ensure the processing of applications prior to the applicants’ reentry into the community.
7. Requires CDSS to work with the County Welfare Directors Association of California, representatives from county jails, and CDCR to develop any necessary procedures for the pre-enrollment process and to issue guidance to enable the pre-enrollment process.

FISCAL IMPACT

This bill has not yet been analyzed by a fiscal committee.

BACKGROUND AND DISCUSSION

Purpose of the bill:

According to the author, this bill “guarantees access to Pre-Enrollment of CalFresh and SSI benefits that are fundamental for providing basic needs to incarnated inmates after release. It also allows state prisons to acquire important documentation that inmates need in order to apply for jobs and request housing. With pre-approval of CalFresh applications, individuals can immediately participate in job training programs, lowering the risk of recidivism. Pre-enrollment will not only improve communities, but also increase an inmate’s opportunity of employment, financial stability, and most importantly, reduce their risk of reoffending.”

Release from Incarceration

According to a report by the Public Policy Institute of California (PPIC), about 70,000 adults were released back into the community in 2014 after serving jail sentences. About 33 percent of them served a continuous term of more than 60 days and 18 percent served between one and two months. CDCR reports that 34,807 inmates were released from CDCR institutions in 2016.

Poverty

According to the official poverty measure, nearly 6 million (15.3 percent) Californians lived in poverty in 2015.^[1] According to the supplemental poverty measure, a more refined measure that takes into account cost of food, clothing and shelter and utilities and other factors, 8 million (20.6 percent) Californians lived in poverty in 2015.^[2] Using a slightly different methodology, the PPIC issued a report^[3] that placed the statewide poverty rate at 22 percent. The same PPIC report indicates that 19 percent of adults over 65 years of age were living in poverty. CDCR does not track the poverty level of inmates who are released from its facilities.

CalFresh

CalFresh provides qualified low-income households with EBT cards which can be used to purchase food and seeds or plants that grow food for human consumption. CalFresh is California’s version of the federal SNAP program. It is administered by CDSS at the state level. California’s 58 counties are responsible for administering the program at the local level. CalFresh benefits are 100 percent federally funded and national eligibility standards and benefit levels are established by the federal government.

To participate in CalFresh, households must meet certain income-eligibility standards. Generally, households must have gross income below 130 percent of the federal poverty level (FPL), which is $26,208 for a family of three, and net income (after certain deductions) at or below 100 percent of FPL, which is $20,160 for a family of three. A household with an elderly person or a person who is receiving certain types of disability payments only has to meet the net income test. CalFresh benefit levels are based on the household size and income after certain deductions. The average monthly CalFresh benefit in FY 2016-17 is $293 per household and $140 per person.

The CalFresh application process requires individuals to provide specified information in order to determine eligibility, including proof of citizenship; proof of income; proof of residency; social security number; proof of disability (if applicable), and receipts of other kinds of expenses, such as medical bills, childcare and/or child support. Counties are required to process CalFresh applications within 30 days of receipt. They a may not approve a CalFresh application if the applicant is incarcerated.

In certain circumstances, such as when an inmate is released from jail or prison with little or no access to cash, expedited CalFresh benefits may be made available within three days of receipt of a CalFresh application. Households may qualify for such expedited services if:

• The household has less than $150 in monthly gross income and liquid resources of $100 or less; or
• Is migrant or seasonal farm workers who are destitute; or
• Combined monthly gross income and liquid resources are less than the household monthly rent.

Expedited services will be made available to qualified household no later than the third calendar day following the application date.

If the CalFresh applicant qualifies for expedited service, the only verification needed for the expedited benefit issuance is a piece of identification. However, after the first allotment of CalFresh benefits, the recipient must provide an SSN and other outstanding verification requirements. If those requirements are not met within 45 days, benefits will be terminated.

Federal regulations prohibit a person who is incarcerated from being eligible for SNAP benefits (or CalFresh in California). However, SSA has issued at least five statewide waivers to this rule to allow for pre-enrollment in SNAP of soon-to-be released inmates. These waivers are intended to improve access to SNAP benefits for former prisoners at a particularly vulnerable time, when they have just been released from prison may be less likely to have the resources needed to purchase food.

According to a report from the Western Center on Law and Poverty^[4] five states (Florida, Montana, New York, South Dakota and Vermont) have received a federal waiver to perform pre-enrollment for SNAP benefits. Florida did a pilot program, Montana never implemented the waiver, and New York is in the process of fine-tuning their program. South Dakota and Vermont are currently operating pre-enrollment programs for SNAP benefits.

Social Security Numbers and Social Security Cards

Social Security Numbers (SSN) and Social Security cards are generally required to obtain a state issued identification card, apply for and receive SSI/SSP, gain employment and health benefits, open a checking account, rent a house or apartment, and many other functions necessary to assimilate into society. People who are incarcerated generally do not have access to their SSN cards.

To assist soon-to-be released inmates get replacement SSN cards and applying for benefits, SSA created a pre-release program in which SSA enters into written MOUs with prisons and other institutions. As of April 2016, SSA had entered into 39 statewide agreements that help speed up the process of obtaining replacement Social Security cards for inmates. California is not one of those states.

SSI/SSP Benefits

SSI/SSP provides a monthly cash benefit to eligible aged, blind, and disabled people to meet their basic living expenses, such as food, clothing and shelter. SSI is funded with federal dollars. SSP is funded by the state General Fund. In order to be eligible, a person must be at least 65 years-old, blind or disabled (including disabled children) and meet income and resource requirements. A person who is qualified to receive SSI benefits is automatically qualified for SSP benefits. SSI/SSP benefits are not paid when a person is living in a public institution, such as a prison.

The estimated SSI/SSP caseload for FY 2016-17 is 1.31 million cases. Current SSI/SSP maximum grant levels are $896.62 per month for an individual and $1,510.87 per month for a couple, which means SSI/SSP income is below the Federal Poverty Level.

Research demonstrates that incarcerated people disproportionately suffer from chronic diseases.^[5] Many become disabled while incarcerated and will qualify for Social Security benefits immediately upon their release—due to disability, age, or both. According to CDCR, about 500 felons were 65 years or older at the time of release from state prison each year over the past three years. In 2016, the only year for which the data is available, 150 of the felons released had mobility, vision, hearing, or speech impairment that affected their housing placement. 

As of April 2016, the SSA had entered into 43 statewide prerelease agreements that facilitate SSI applications for soon-to-be released inmates, including California. Per these agreements, individuals can apply for benefits or begin the process of retaining benefits prior to or shorty after their release. California has been operating with such a statewide agreement since 2008. The MOU between CDCR and SSA facilitates timely eligibility for SSI for disabled and aged inmates in the CDCR system.  The MOU covers all adult California state correctional facilities to assist inmates in obtaining SSI benefits.  

Related legislation:

AB 1468 (Committee on Budget, Chapter 26, Statutes of 2014) repealed the lifetime ban on CalFresh for people with prior drug felony convictions as long as they are complying with the conditions of their probation or parole. The bill also established CDCR’s Case Management Reentry Pilot Program to provide intensive case management to offenders who have been released on parole and are likely to benefit from assistance designed to avoid homelessness and joblessness and provide assistance for people with mental illnesses and developmental disabilities.

AB 2308 (Stone, Chapter 607, Statues of 2014) made California’s Cal-ID program mandatory for all individuals in state prison. It also authorized the DMV and CDCR to create an MOU so that CDCR could provide all eligible individuals with state-issued identification cards prior to release.

AB 720 (Skinner Chapter 646, Statutes of 2013) required the board of supervisors in each county to designate an entity to assist certain jail inmates to apply for a health insurance affordability program, as defined. Prohibits county jail inmates who are currently enrolled in the Medi-Cal from being terminated from the program due to their detention, unless required by federal law or they become otherwise ineligible, as specified. Deletes the age restriction relating to Medi-Cal benefits provided to inmates of the public institution.

SB 283 (Hancock, 2013), would have repealed the ban on CalFresh and CalWORKs for people with nonviolent felony drug convictions. The bill did not pass out of Assembly Appropriations Committee, but the provisions of the bill were ultimately implemented in the Budget Act for 2014-15.

Assembly Joint Resolution 35 (Brown, Chapter 113, Statutes of 2016) urges the federal government to change federal policy in order to allow California to equitably end the SNAP cash-out policy in a way that would maximize benefits to, and participation among seniors, and mitigate or eliminate harm to low income families and medically needy children.

COMMENTS

California has recently implemented a number of bills designed to reduce recidivism. For example:

• The California Identification Program (CAL-ID) in 2014, made California’s Cal-ID program mandatory for all individuals in state prison. It also authorized the DMV and CDCR to create an MOU so that CDCR could provide all eligible individuals with state-issued identification cards prior to release.
• Assembly Bill 720 (Skinner), enacted in 2013, allows counties to design Medi-Cal pre-enrollment programs for incarcerated individuals. According to a report published by the Western Center on Law and Poverty (one of the sponsors of this bill), 46 of the 58 counties in California have implemented AB 720.^[6]
• The Budget Act of 2014-15 repealed the lifetime ban on CalFresh for people with prior drug felony convictions as long as they are complying with the conditions of their probation or parole.
• CDCR’s Case Management Reentry Pilot Program provides intensive case management to offenders who have been released on parole and are likely to benefit from assistance designed to avoid homelessness and joblessness and provide assistance for people with mental illnesses and developmental disabilities. A report and on the program is due to the legislature by July 31, 2017.

This bill proposes to further support successful re-entry by helping inmates who are about to be released qualify for CalFresh benefits upon release and obtain a SSN card prior to release. This bill will also help low-income elderly or disabled adults with obtaining federal and state dollars through the SSI/SSP program.

Some of the mandates in this bill have already been implemented or are in the process of being implemented. CDCR reports that it has had an MOU in place with SSA for the purpose of facilitating SSI applications since 2008. CDSS reports that it is in the process of drafting a request to FNS for a waiver to federal regulations for CalFresh applicants who are incarcerated, similar to the requirement set for in this bill.

Recommended committee amendments:

In order to reflect the fact that CDCR already has an MOU with SSA for purposes of applying for SSI benefits, the committee recommends the following amendments:

PC 5067.

(a) Unless it is inconsistent with the findings of the report required pursuant to Section 3016, the Secretary of the Department of Corrections and Rehabilitation shall establish and maintain both of the following memoranda of understanding with the federal Social Security Administration:

(1) A statewide memorandum of understanding that would allow a person incarcerated in a correctional facility subject to this code to apply for and receive a replacement social security card. The memorandum shall also be required to comply with the Privacy Act of 1974, as amended (5 U.S.C. Sec. 552a), Section 1106 of the Social Security Act (42 U.S.C. Sec. 1306), and the federal Social Security Administration’s disclosure regulations and guidance promulgated thereunder.

(2) A statewide memorandum of understanding that would allow the federal Social Security Administration to process Supplemental Security Income claims under the prerelease program established by Section 1631(m) of the federal Social Security Act (42 U.S.C. Sec. 1383(m)) and the regulations promulgated thereunder.

(b) A memorandum of understanding established pursuant to subdivision (a) shall not supplant any prior related agreement a correctional facility has entered into with the federal Social Security Administration.

POSITIONS

Support:

Western Center on Law and Poverty/Los Angeles Regional Reentry Partnership/CWDA/Reboot &Rebound Reentry Advocates/Ella Baker Center for Human Rights (Sponsor)

National Association of Social Workers, California Chapter

Rural County Representatives of California

The County Health Executives Association of California

Catholic Charities of the East Bay

The Contra Costa County Defenders Association

Alameda County Board of Supervisors

The Urban Counties of California

A New Way of Life Reentry Project

Oppose:

None.

-- END –

1. https://www.census.gov/content/dam/Census/library/publications/2016/demo/acsbr15-01.pdf ↑

2. https://www.census.gov/content/dam/Census/library/publications/2016/demo/p60-258.pdf ↑

3. http://www.ppic.org/content/pubs/report/R_1013SBR.pdf ↑

4. https://wclp.org/wp-content/uploads/2016/10/Reducing-Hunger-Recidivism-by-Pre-Enrolling-Into-CalFresh.pdf ↑

5. http://blog.ssa.gov/social-security-national-reentry-week-april-24th-30th/ ↑

6. http://wclp.org/wp-content/uploads/2016/10/Reducing-Hunger-Recidivism-by-Pre-Enrolling-Into-CalFresh.pdf ↑

SENATE COMMITTEE ON PUBLIC SAFETY

Senator Nancy Skinner, Chair

2017 - 2018 Regular

Bill No: SB 708 Hearing Date: April 4, 2017

Subject: Supplemental Security Income and CalFresh: Preenrollment

HISTORY

Source: Western Center on Law Poverty

County Welfare Directors Association of California

Root and Rebound

Ella Baker Center

Los Angeles Regional Reentry Partnership

Prior Legislation: SB 283 (Hancock) -- died in Assembly Appropriations, 2013

AB 720 (Skinner) -- Chapter 646, Statutes of 2013

AB 1468 (Committee on Budget) -- Chapter 26, Statutes of 2014

AB 2308 (Stone) -- Chapter 607, Statutes of 2014

Support: A New Way of Life Re-Entry Project; Californians United for a Responsible Budget; Catholic Charities; Contra Costa County Defenders Association; Legal Services for Prisoners with Children; Prisoner Reentry Network; Rubicon Programs

Opposition: None known

PURPOSE

The purpose of this bill is to: 1) require the Secretary of the Department of Corrections and Rehabilitation (CDCR) to establish a memoranda of understanding (MOU) with the federal Social Security Administration, as specified; 2) require the State Department of Social Services to submit a request to waive all federal laws and regulations necessary to allow for the preenrollment of otherwise eligible applicants to the CalFresh program up to one month prior to the applicants’ reentry into the community from a county jail or the state prison; and, 3) should a waiver be obtained, allow the counties and CDCR to establish a policy to facilitate applications for the CalFresh program for inmates prior to their release from a county jail or the state prison, as specified.

Current law creates in state government CDCR, to be headed by a secretary, who shall be appointed by the Governor, subject to Senate confirmation, and shall serve at the pleasure of the Governor. (Government Code § 12838.) CDCR shall consist of Adult Operations, Adult Programs, Health Care Services, Juvenile Justice, the Board of Parole Hearings, the State Commission on Juvenile Justice, the Prison Industry Authority, and the Prison Industry Board. (Id.) As explained in the Legislative Analyst's Office Analysis of the Governor’s 2017-18 Proposed Budget:

The California Department of Corrections and Rehabilitation (CDCR) is responsible for the incarceration of adult felons, including the provision of training, education, and health care services. As of January 18, 2017, CDCR housed about 129,000 adult inmates in the state’s prison system. Most of these inmates are housed in the state’s 35 prisons and 43 conservation camps. About 9,000 inmates are housed in either in-state or out-of-state contracted prisons. The department also supervises and treats about 44,000 adult parolees and is responsible for the apprehension of those parolees who commit new offenses or parole violations. In addition, 670 juvenile offenders are housed in facilities operated by CDCR’s Division of Juvenile Justice, which includes three facilities and one conservation camp.

Existing law states the finding of the Legislature that the period immediately following incarceration is critical to successful reintegration of the offender into society and to positive citizenship. It is in the interest of public safety for the state to provide for the effective supervision of and surveillance of parolees, including the judicious use of revocation actions, and to provide educational, vocational, family and personal counseling necessary to assist parolees in the transition between imprisonment and discharge. (Penal Code § 3000(a)(1).)

Under current law the Secretary of CDCR is required to establish the Case Management Reentry Pilot Program for offenders under the jurisdiction of the department who have been sentenced to a term of imprisonment under Section 1170 and are likely to benefit from a case management reentry strategy designed to address homelessness, joblessness, mental disorders, and developmental disabilities among offenders transitioning from prison into the community, as specified. The department is required to submit a final report of the findings from its evaluation of the pilot program to the Legislature and the Governor no later than July 31, 2017. (Penal Code § 3016.)

This bill provides that unless it is inconsistent with the findings of the report required pursuant to Section 3016, the Secretary of CDCR is required to establish both of the following MOU with the federal Social Security Administration:

• A MOU that would allow a person incarcerated in a correctional facility subject to this code to apply for and receive a replacement social security card. The MOU shall also be required to comply with the Privacy Act of 1974, as amended (5 U.S.C. Sec. 552a), Section 1106 of the Social Security Act (42 U.S.C. Sec. 1306), and the federal Social Security Administration’s disclosure regulations and guidance promulgated thereunder.
• A MOU that would allow the federal Social Security Administration to process Supplemental Security Income claims under the prerelease program established by Section 1631(m) of the federal Social Security Act (42 U.S.C. Sec. 1383(m)) and the regulations promulgated thereunder.

This bill provides that the MOU established pursuant to this legislation cannot supplant any prior related agreement a correctional facility has entered into with the federal Social Security Administration.

This bill requires the State Department of Social Services to submit to the United States Department of Agriculture, on or before March 31, 2018, a request to waive Section 273.1(b)(7)(vi) of Title 7 of the Code of Federal Regulations and any other federal law or regulation necessary to allow for the preenrollment of otherwise eligible applicants to the CalFresh program up to one month prior to the applicants’ reentry into the community from a county jail or the state prison.

This bill specifies that to the extent that any federally necessary waiver is obtained a county board of supervisors or CDCR may establish a policy to facilitate applications for the CalFresh program for inmates prior to their release from a county jail or the state prison, respectively. If a policy is established pursuant to this subdivision, the county jail or state prison must coordinate with the county human services agency to ensure the processing of applications prior to the applicants’ reentry into the community.

This bill requires the State Department of Social Services work with the County Welfare Directors Association of California, representatives from county jails, and CDCR to develop any necessary procedures for the preenrollment process and to issue guidance to enable the preenrollment process.

COMMENTS

1. Need for This Bill

According to the author, this bill:

Guarantees access to Pre-Enrollment of CalFresh and Social Security Income (SSI) benefits that are fundamental for providing basic needs to incarnated inmates after release. It also allows state prisons and county jails to acquire important documentation that inmates need in order to apply for jobs and request housing. With pre-approval of CalFresh applications, individuals can immediately participate in job training programs, while lowering the risk of recidivism. Pre-enrollment will not only improve communities, but also increase an inmate’s opportunity of employment, financial stability, and most importantly, reduce their risk of reoffending.

1. Effect of Legislation
2. CalFresh Pre-enrollment

According to a recent report of behalf of the Western Center of Law and Poverty the benefits of enrolling inmates in CalFresh include:

Pre-enrollment removes barriers for formerly incarcerated individuals

Pre-Enrollment can save people leaving prison from experiencing these common barriers, while also saving the county the hassle and cost of processing needlessly denied applications. Within state prisons, the California Department of Corrections and Rehabilitation (CDCR) has requisite identification filed for incarcerated individuals. They also typically know where individuals will be released, including their specific living address, as this is important information for their probation/parole officers. They can provide this information to their counterparts at the county Human Services Agencies, which would also meet many of the verification requirements. Within county jails, they also have the same relevant information to share.

Pre-enrollment allows counties to proactively manage caseloads

Pre-enrollment also puts less of a strain on county resources because they will not have to juggle more expedited applications if they are instead allowed to process them weeks in advance. As expedited applications have a much more strict timeline upon which counties are evaluated, having the option to process applications ahead of time would help to improve their performance standards, which the USDA monitors. Furthermore, delays in processing applications costs county Human Services Agencies not only in terms of additional staff time to follow proper notification standards, but it also increases the likelihood of hunger among a group of individuals who are particularly vulnerable.

While the county Human Services Agencies would still be required by law to conduct an eligibility interview with applicants awaiting their release, in all cases, this could be accomplished over the phone or in-person at the correctional facilities.

Pre-enrollment offers another tool for reducing recidivism

With federally funded benefits, a CalFresh pre-enrollment program is one of the few resources the state and counties can offer upon release to all eligible individuals during their first few months, which are the most critical period for recidivism. A Congressional Research Services report did a survey of recidivism programs across the country and found that services that began within the correctional institutions and continued afterwards provided a continuity of care that could help to lower recidivism (James, 2015). A study on reoffending patterns among women found that state-sponsored support programs, especially services related to job training, health, education and housing that address short-term economic needs, reduce the odds of recidivism by 83% (Holtfreter et al., 2004). Research has found that re-entry programs only have to decrease recidivism rates by 2 percentage points to be cost-effective when comparing them with the cost of processing an individual through the criminal justice system and the cost to the victims (Roman & Chalfin, 2006).

In this light, a CalFresh pre-enrollment program could be an incredibly cost-effective investment for reducing recidivism. Consider the following: a single CalFresh application typically costs $155 to process in terms of labor. However, the federal government reimburses 50% of these administrative costs, with the state and county sharing the remaining $77.5 at 35% and 15% respectively (Senate Appropriations Committee, 2014). In contrast, the annual cost of prisons in California is calculated to be approximately $47,000 per inmate, which equates to a cost of almost $130 per day (California Legislative Analyst’s Office, n.d.; Henrichson & Delaney, 2012). A comparison of eight California counties’ corrections budgets found that in 2012, the average cost per average daily jail population (excluding jail health costs) to be around $50,000, a rate of $137 per day (Stevenson et al., 2013). Enrolling someone into CalFresh costs nearly the same as one day spent back in jail or prison. With access to CalFresh, participants also can utilize the CalFresh Employment and Training program, which can be an additional source of support for formerly incarcerated individuals.

(Realignment: the policy opportunity for a CalFresh pre-enrollment program; Ecaterina Burton; Advanced Policy Analysis on behalf of Western Center of Law and Poverty; Goldman School of Public Policy; October 2016.) [Footnotes Omitted]

To help facilitate enrollment in CalFresh, this legislation requires the State Department of Social Services to submit to the United States Department of Agriculture a request to waive any federal laws or regulations necessary to allow for the preenrollment of otherwise eligible applicants to the CalFresh program up to one month prior to the applicants’ reentry into the community from a county jail or the state prison.

b. MOU with Social Security Administration

The Social Security Administration’s website explains why an MOU is necessary:

Why does SSA have MOUs with prison facilities to enumerate prisoners?

Some prison inmates need an SSN card to participate in work or educational programs while incarcerated, or to gain employment upon release from prison, but prisoners generally do not have access to the types of identity documents required for enumeration purposes. SSA can enter into a formal MOU with the correctional facility enabling SSA to consider a certification of prisoner identity statement from a prison official as evidence of identity, and, thereby, make it possible for inmates to get SSN replacement cards.

Under the terms of a signed MOU, field offices (FOs) process properly completed SS-5 applications from certain prison inmates when accompanied by a certification statement from an authorized prison official as evidence of the inmate’s identity. The MOU outlines specific procedures for the correctional facility and SSA to follow to ensure the integrity of the SSN replacement card issuance process for inmates. The MOU also addresses issues of security to protect SSNs and SSN cards from misuse in order to protect the privacy of the inmates. (https://secure.ssa.gov/poms.nsf/lnx/0110225125.)

According to supporters of the legislation:

Statewide Access to Social Security Administration Will Improve Reentry Success

Research demonstrates that currently incarcerated people disproportionately suffer from chronic diseases. Many become disabled while incarcerated and will qualify for Social Security benefits immediately upon their release—due to disability, age, or both.

A waiver is not needed in order to ensure that an individual detained in jail or prison has access to the Social Security Administration (SSA) for the purposes of requesting a new Social Security card or to begin the process of renewing or applying for benefits through the SSA. However, a memorandum of understanding (MOU) between the prison and the SSA is needed. Thirty-nine states currently have statewide MOUs with the SSA in place but California does not. According to a recent report published by the Office of Inspector General, less than 40 percent of prisons in California have an MOU in place. A statewide MOU will enhance incarcerated individuals’ access to Social Security benefits for basic needs and housing immediately upon their release.

Additionally, as the California legislature acknowledged with the passage of the California Identification Program (CAL-ID) in 2014, government-issued ID is critical during reentry. Unfortunately, many people are released from incarceration without access to valid, government-issued photo identification. The first step to obtaining government-issued ID is often providing proof of one’s Social Security Number (SSN). Without immediate access to their SSN and other ID documents, incarcerated individuals preparing for reentry will find it difficult, or impossible to secure employment, housing, public benefits, and other necessary social services. [Footnotes omitted.]

Thus, this legislation would require CDCR to enter into an MOU to help facilitate inmates’ access to SSI and social security cards.^[1]

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1. CDCR is not required to enter into an MOU if the MOU provisions of this legislation are inconsistent with the findings of a report on reentry that CDCR is required to provide to the legislature by July 1, 21017 ↑