Bill Text: CA SB708 | 2017-2018 | Regular Session | Amended

California Senate Bill 708 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Supplemental Security Income and CalFresh: preenrollment.

Sponsorship: Partisan Bill (Democrat 2)

Status: (Failed) 2018-02-01 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB708 Detail]

Download: California-2017-SB708-Amended.html

Amended IN Senate March 27, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill

No. 708

Introduced by Senator Skinner
(Coauthor: Senator Atkins)

February 17, 2017

~~An act to add Section 22 to the Penal Code, relating to crime.~~ An act to add Section 5067 to the Penal Code, and to add Section 18901.35 to the Welfare and Institutions Code, relating to public social services.

LEGISLATIVE COUNSEL'S DIGEST

SB 708, as amended, Skinner. ~~Sentencing: life without the possibility of parole.~~ Supplemental Security Income and CalFresh: preenrollment.

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 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 23vote 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.~~

Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO

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

SECTION 1.
It is the intent of the Legislature 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.

SEC. 2.

Section 5067 is added to the Penal Code, to read:

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 both of the following memoranda of understanding with the federal Social Security Administration:
(1) A 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 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.

SEC. 3.

Section 18901.35 is added to the Welfare and Institutions Code, to read:

18901.35.
(a) The department shall 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.
(b) To the extent that any federally necessary waiver is obtained pursuant to subdivision (a), a county board of supervisors or the Department of Corrections and Rehabilitation 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 shall coordinate with the county human services agency to ensure the processing of applications prior to the applicants’ reentry into the community.
(c) The department shall 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.

SECTION 1.Section 22 is added to the Penal Code, to read:
22.
~~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 is defined as life without the possibility of parole for 25 years.~~
SEC. 2.
~~(a)Section 1 of this bill amends an initiative statute and, therefore, shall become effective only when submitted to, and approved by, the voters at a statewide election.~~
(b)Notwithstanding the requirements of Sections 9040, 9043, 9044, 9061, 9082, and 9094 of the Elections Code, or any other law, the Secretary of State shall submit this act to the voters for their approval at the June 5, 2018, statewide primary election.