ARIZONA HOUSE OF REPRESENTATIVES

Fifty-sixth Legislature

Second Regular Session

HB 2054: SNAP eligibility; probation compliance

Sponsor: Representative Dunn, LD 25

Committee on Health & Human Services

Overview

Allows individuals convicted of a felony offense involving the use or possession of a controlled substance to be eligible for the Supplemental Nutrition Assistance Program (SNAP) if they are in compliance with all terms of probation, including any applicable drug testing requirements.

History

SNAP is a federal program that provides nutrition benefits to low-income individuals and families that are used at stores to purchase food. Individuals must apply in the state in which they currently live and meet certain requirements. The Arizona Department of Economic Security (DES) receives and reviews applications of eligible recipients for SNAP benefits.

Individuals convicted of a controlled-substance related felony may be eligible for SNAP benefits if they meet one of the following criteria:

1) successfully completes a substance abuse treatment program;

2) is currently enrolled or accepted into a substance abuse treatment program, but placed on a waiting list;

3) is currently accepted for treatment in and is participating in a substance abuse treatment program;

4) is determined by a licensed medical provider not to need substance abuse treatment; or

5) if applicable, is in compliance with all terms of probation.

DES is required to adopt drug testing rules that include more frequent drug testing for offenses that occurred within 24 months of an individual's date of application (A.R.S. § 46-219).

If a person is convicted of personal possession or use of a controlled substance or drug paraphernalia, as a condition of probation, the court must require participation in an appropriate drug treatment or education program administered by a qualified agency or organization that provides such programs to persons who abuse controlled substances. Each person who is enrolled in a drug treatment or education program must be required to pay for participation in the program to the extent of the person's financial ability (A.R.S. § 13-901.01).

Provisions

1. Permits a person convicted of a felony offense involving the use or possession of a controlled substance to be eligible for SNAP benefits if the person follows all terms of probation, including any applicable drug testing requirements. (Sec. 1)

2. Removes the following SNAP eligibility criteria:

a) successful completion of a substance abuse treatment program;

b) being enrolled or accepted into a substance abuse treatment program, but placed on a waiting list;

c) is currently accepted for treatment in and is participating in a substance abuse treatment program; or

d) is determined by a licensed medical provider not to need substance abuse treatment. (Sec. 1)

3. Repeals the requirement that DES adopt rules related to drug testing for SNAP eligibility after conviction. (Sec.1)

4. Makes technical and conforming changes. (Sec. 1)

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8. HB 2054

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