Amended  IN  Senate  April 03, 2024

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill
No. 1254

Introduced by Senator Becker
(Coauthor: Senator Menjivar)

February 15, 2024

An act to add Section 18901.36 to the Welfare and Institutions Code, relating to public social services.


LEGISLATIVE COUNSEL'S DIGEST


SB 1254, as amended, Becker. CalFresh: enrollment of incarcerated individuals.
Existing federal law provides for the federal Supplemental Nutrition Assistance Program (SNAP), known in California as CalFresh, 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. Existing law requires the State Department of Social Services, if the department deems it necessary to maximize CalFresh enrollment outcomes or employment placement success rates for individuals reentering the community from the state prison or a county jail, to submit to the United States Department of Agriculture’s Food and Nutrition Service a request to waive of that prohibition to allow for preenrollment of applicants prior to their release.
Existing law establishes the Medi-Cal program, which is administered by the State Department of Health Care Services and under which qualified low-income individuals receive health care services. The Medi-Cal program is, in part, governed and funded by federal Medicaid program provisions.
This bill would require the State Department of Social Services to partner with the Department of Corrections and Rehabilitation and county jails to enroll otherwise eligible applicants for the CalFresh program to ensure that an applicant’s benefits may begin before the reentry of the applicant into the community from the state prison or county jail. The bill would require county eligibility workers to regularly enter any state prison or county jail in the county to conduct interviews and assist individuals that are within 90 days of release with completing a CalFresh benefits application. The bill would require the Department of Corrections and Rehabilitation, state prisons, and county jails to cooperate with the department and to allow county eligibility workers entrance into those facilities. By requiring regular entry of county eligibility workers into facilities to conduct interviews and assist individuals with enrollment applications and requiring the cooperation of county jail officials, the bill would impose a state-mandated local program.
The bill would also require the department to create a workgroup on or before January 1, 2026, comprised of members with specified backgrounds. The bill would require the workgroup to create a report to the department and to Legislature by August 31, 2025, 2026, and each August 31 annually thereafter, with their recommendations for a state reentry process incorporating all the necessary resources for transition from state prison or county jail to reentry into the community.
The bill would require, on or before January 1, 2026, the department to partner with the State Department of Health Care Services to create and test a Medi-Cal and CalFresh combined application for incarcerated individuals soon leaving incarceration.
The bill would require the department to submit applicable waivers to the federal government to allow for preenrollment of applicants prior to their release from the state prison or county jail on or before January 1, 2026.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

The people of the State of California do enact as follows:


SECTION 1.

 Section 18901.36 is added to the Welfare and Institutions Code, to read:

18901.36.
 (a) The department shall partner with the Department of Corrections and Rehabilitation and county jails to enroll otherwise eligible applicants who are ineligible because of their incarceration status for the CalFresh program to ensure that an applicant’s benefits may begin as soon as possible upon reentry of the applicant into the community from the state prison or a county jail.
(1) The department shall require county eligibility workers to regularly access any state prison or county jail within the county to conduct interviews and to assist individuals within ninety (90) days of release from state prison or county jail with completing applications for CalFresh benefits. The assistance provided pursuant to this subparagraph shall be for the purpose of establishing eligibility for CalFresh benefits prior to release from the institution.
(2) The Department of Corrections and Rehabilitation, state prisons, and county jails shall cooperate with the department and allow county eligibility workers access pursuant to this section.
(b) On or before January 1, 2026, the department shall partner with the State Department of Health Care Services to create and test a Medi-Cal and CalFresh combined application for incarcerated individuals soon leaving incarceration.
(c) (1) The department, on or before February 1, 2026, shall create a workgroup to create recommendations for a state reentry process incorporating all the necessary resources for transition from state prison or county jail to reentry into the community. The composition of the workgroup shall consist of the following:
(A) Two representatives from the State Department of Social Services, including one from the Disability Determination Services Division.
(B) One representative from community-based organizations.
(C) One representative from the Department of Corrections and Rehabilitation.
(D) One representative from the California Health and Human Services Agency.
(E) An impacted individual who was a recipient of CalFresh benefits prior to release.
(2) The workgroup shall consider how best to increase CalFresh enrollment for otherwise eligible applicants for the CalFresh program to ensure that an applicant’s benefits begin before the reentry of the applicant into the community from the state prison or county jail.
(3) The workgroup shall consider federal programs or applicable federal waivers to reduce food insecurity for individuals leaving incarceration and to aid in the reentry process.
(d) By August 31, 2025, 2026, and annually by August 31 thereafter, the workgroup shall create and submit a report to the department and the Legislature outlining their recommendations. That report shall be submitted in compliance with Section 9795 of the Government Code.
(e) A report to be submitted to the Legislature pursuant to this section shall be submitted in compliance with Section 9795 of the Government Code.
(f) On or before January 1, 2026, the department shall seek a federal waiver of Section 273.1(b)(7)(vi) of Title 7 of the Code of Federal Regulations to allow for preenrollment of applicants prior to their release from the state prison or a county jail.
(g) On or before January 1, 2026, the department seek a federal waiver of Section 2721.3 of Title 7 of the Code of Federal Regulations to allow for delay of verification of incarcerated individuals for up to five months.
(h) The department shall seek any other relevant federal waivers necessary to implement this section.

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.