Bill Text: IN SB0351 | 2011 | Regular Session | Introduced

---

Bill Title: Supplemental Nutrition Assistance Program eligibility.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2011-01-11 - First reading: referred to Committee on Tax and Fiscal Policy [SB0351 Detail]

Download: Indiana-2011-SB0351-Introduced.html

---

---

Introduced Version

---

---

SENATE BILL No. 351

_____

DIGEST OF INTRODUCED BILL

Citations Affected: IC 11-10-12-5; IC 12-14-30.

Synopsis: Supplemental Nutrition Assistance Program eligibility. Provides that an individual who has been convicted of a felony involving a controlled substance and who has completed or is participating in certain substance abuse treatment programs or mental health programs may receive assistance under the federal Supplemental Nutrition Assistance Program for up to 12 months. Requires the department of correction to assist an offender with applying for food stamps.

Effective: July 1, 2011.

---

---

Broden

---

---

    January 11, 2011, read first time and referred to Committee on Tax and Fiscal Policy.

---

---

---

Introduced

First Regular Session 117th General Assembly (2011)

PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts between statutes enacted by the 2010 Regular Session of the General Assembly.

SENATE BILL No. 351

---

    A BILL FOR AN ACT to amend the Indiana Code concerning human services.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 11-10-12-5; (11)IN0351.1.1. -->     SECTION 1. IC 11-10-12-5, AS ADDED BY P.L.161-2007, SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 5. (a) The department shall assist a committed offender in applying for assistance under the federal Temporary Assistance for Needy Families (TANF) program (45 CFR 260 et seq.) and the federal Supplemental Nutrition Assistance Program (7 U.S.C. 2011 et seq.) so that the committed offender might be eligible for assistance when the offender is subsequently:
        (1) released on parole;
        (2) assigned to a community transition program; or
        (3) discharged from the department.
    (b) The department shall provide the assistance described in subsection (a) in sufficient time to ensure that the committed offender will be able to receive assistance at the time the committed offender is:
        (1) released on parole;
        (2) assigned to a community transition program; or
        (3) discharged from the department.

---

SOURCE: IC 12-14-30; (11)IN0351.1.2. -->     SECTION 2. IC 12-14-30 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]:
     Chapter 30. Supplemental Nutrition Assistance Program Assistance for Certain Offenders
    Sec. 1. (a) An individual who:
        (1) except for 21 U.S.C. 862a(a), meets the federal and Indiana Supplemental Nutrition Assistance Program requirements;
        (2) has been convicted of an offense under federal or state law that:
            (A) is classified as a felony; and
            (B) has as an element the possession or use of a controlled substance (as defined in 21 U.S.C. 802(6)); and
        (3) either has completed or is participating in substance abuse or mental health treatment provided by:
            (A) an addiction services provider certified by the division of mental health and addiction;
            (B) a mental health provider (as defined in IC 16-36-1.5-2);
            (C) the department of correction;
            (D) the federal government; or
            (E) a faith based program certified by the division of mental health and addiction;
is eligible to receive Supplemental Nutrition Assistance Program assistance under this chapter for not more than twelve (12) months.
    (b) For purposes of eligibility for Supplemental Nutrition Assistance Program assistance under this chapter, a court may order an individual described in subsection (a) to participate in substance abuse or mental health treatment under this section.
    (c) The department of correction shall assist an individual who:
        (1) is incarcerated by the department of correction; and
        (2) will be eligible for assistance under this chapter upon:
            (A) release to parole;
            (B) assignment to a community transition program; or
            (C) discharge from the department of correction;
with applying for assistance under this chapter as described in IC 11-10-12-5.
    (d) An individual who is receiving Supplemental Nutrition Assistance Program assistance under this chapter must be tested at least one (1) time every two (2) months for drugs at a time chosen by the provider of the substance abuse or mental health treatment the individual completed or is participating in under this section. This section does not prevent the provider from testing for

drugs more frequently if more frequent testing is part of the program operated by the provider.
    Sec. 2. In accordance with 21 U.S.C. 862a(d)(1), the state elects to opt out of the application of 21 U.S.C. 862a(a) for an individual who has completed or is participating in a substance abuse or mental health treatment program described in section 1(a)(3) of this chapter.