THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY D. WHITE, JUNE 23, 2011

REFERRED TO PUBLIC HEALTH AND WELFARE, JUNE 23, 2011  

AN ACT

Amending the act of June 13, 1967 (P.L.31, No.21), entitled "An

act to consolidate, editorially revise, and codify the public

welfare laws of the Commonwealth," in public assistance,

providing for eligibility for persons with drug-related

felonies.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  The act of June 13, 1967 (P.L.31, No.21), known

as the Public Welfare Code, is amended by adding a section to

read:

Section 432.23.  Eligibility for Persons with Drug-related

Felonies.--(a)  To the extent permitted by Federal law, a person

who is otherwise eligible to receive public assistance shall not

be denied assistance solely because he has been convicted of a

felony drug offense, provided: 

(1)  He is complying with or has already complied with the

obligations imposed by the criminal court.

(2)  He is actively engaged in or has completed a court-

ordered substance abuse treatment program and participates in

periodic drug screenings for five years after the drug-related

conviction or for the duration of probation, whichever is of

longer duration.

(b)  Under the screening for the drug test and retest program

the department shall:

(1)  Require a recipient be scheduled to be tested if he has

either a felony conviction for a drug offense which occurred

within five years or a felony conviction for a drug offense for

which he is presently on probation. The following apply:

(i)  An individual who is applying for public assistance is

required to be tested and shall be tested at the time the

application for public assistance is made.

(ii)  A recipient receiving public assistance as of the

effective date of this section shall be scheduled to be tested

in accordance with paragraph (2).

(2)  Develop and implement a system for randomly testing no

less than 20% of the individuals receiving public assistance

benefits during each six-month period following the effective

date of this section who are subject to testing for the presence

of illegal drugs under this section.

(3)  Deny public assistance to an individual who refuses to

take the drug test or the drug retest required by this section

and terminate the public assistance benefits for anyone who

refuses to submit to the random drug test required by this

section.

(c)  An individual who takes the drug test or retest and

fails it shall be subject to the following sanctions:

(1)  For failing a drug test or retest the first time, an

individual shall be provided an assessment for addiction and

provided treatment for addiction as indicated by treatment

criteria developed by the Single State Authority on Drugs and

Alcohol. Assessments shall be conducted by the Single County

Authority (SCA) on Drugs and Alcohol or designee. Treatment

recommended shall be provided by facilities licensed by the

Division of Drug and Alcohol Program Licensure in the Department

of Health. Medicaid eligibility and determinations shall be

expedited to ensure access to assessment and addiction treatment

through Medicaid. If the individual cooperates with the

assessment and treatment, no penalty will be imposed. If the

individual refuses to cooperate with the assessment and

treatment, the public assistance shall be suspended for six

months. The department must notify the individual of the failed

drug test no later than seven days after receipt of the drug

test results, and the suspension in public assistance will begin

on the next scheduled distribution of public assistance and for

every other distribution of public assistance until the

suspension period lapses. After suspension, an individual may

apply for public assistance, but shall submit to a retest.

(2)  For failing a drug test or retest the second time, the

public assistance to which the individual is entitled shall be

suspended for twelve months. The department must notify the

individual of the failed drug test no later than seven days

after receipt of the drug test results, and the suspension in

public assistance shall begin on the next scheduled distribution

of public assistance and for every other distribution of public

assistance until the suspension period lapses. After suspension,

an individual may reapply for public assistance, but shall

submit to a retest.

(3)  For failing a drug test or retest the third time, the

individual shall no longer be entitled to public assistance.

(d)  Nothing in this section shall be construed to render

applicants or recipients who fail a drug test or drug retest

ineligible for:

(1)  a Commonwealth program that pays the costs for

participating in a drug treatment program;

(2)  a medical assistance program; or

(3)  another benefit not included within the definition of

public assistance as defined under this act.

(e)  As used in this section, the following words and phrases

shall have the meanings given to them in this subsection unless

the context clearly indicates otherwise:

"Drug offense" means an offense resulting in a conviction for

the possession, use or distribution of a controlled substance,

or conspiracy to commit the offense, whether the offense

occurred in this Commonwealth or in another jurisdiction.

"Drug test" means a urinalysis, blood test or another

scientific study of an individual's body which has been

conclusively found to detect the presence or prior use of an

illegal drug or substance and for which the accuracy has been

accepted in the scientific community.

"Public assistance" means Temporary Assistance to Needy

Families (TANF), Federal food stamps, general assistance and

State supplemental assistance.

Section 2.  This act shall take effect in 60 days.