(Sacramento) – The Transitional Assistance for Re-Entry Programs Act, AB 508, which allows California to provide critical services to persons recently released from incarceration for drug-related convictions, passed the Senate on a vote of 21—14 this week and now heads to the Governor’s desk. Assemblymember Sandré R. Swanson, Chair of the Labor and Employment Committee (D—Oakland), introduced the bill on behalf of Mayor Ron Dellums and the City of Oakland.  Mr. Swanson expressed his optimism that AB 508 will help parolees transition back into society as contributing citizens and provide for their families. Specifically, AB 508 will allow parolees who had been incarcerated for drug related offenses to receive food stamp benefits and Temporary Assistance for Needy Families (TANF) benefits.  Existing federal law permanently bars drug related felons from ever receiving these benefits but allows states to opt-out of the ban through legislative action. 

“This legislation is about removing barriers once a person has paid his or her debt to society and allowing families, especially children, avoid being punished when their loved-ones or parents return to the community,” said a cheerful Swanson.  “Fundamental to any re-entry program is the ability to feed yourself and your family.  AB 508 will especially help women and single parents, who often have difficulty finding work immediately after release.  It’s a bad policy that punishes the children of these offenders and hypocritical that it only applies to drug-related offenses, and not violent crimes such as rape and robbery,” continued Swanson.

Assemblymember Swanson has consistently advocated and devoted much of his first term in office to finding effective ways to reduce the state’s alarming rate of recidivism.  “I was elated when the Mayor asked me to carry this important legislation.  It is my fundamental belief that for incarceration to truly be effective in protecting the public, the State must make every effort at rehabilitation.  It’s the epitome of hypocrisy to say that we are trying to reduce the exploding prison population while releasing inmates without critical services to help them transition back into the community,” Assemblymember Swanson pointed out.

AB 508 provides that California shall opt out of the lifetime federal disqualification from food stamps for persons convicted of a felony involving controlled substances.  Federal law allows states the authority to "opt out" of the ban by adopting specific legislation.  Because of the important role that food stamps and public assistance play in the lives of individuals reentering society after imprisonment, sixteen states have eliminated the ban entirely; and twenty-one states have limited the ban to enable those with drug felony convictions to receive food stamps and cash assistance if they meet certain conditions. 

“Although a majority of states have eliminated or modified the lifetime ban on food stamps, including New York, Illinois, and New Hampshire, California continues to ignore the need for transitional services such as food stamps.  AB 508 corrects that problem and brings California in line with a majority of states.  Denying these individuals food, clothing and shelter makes it very difficult for them to support themselves and their families as they leave the criminal justice system and reenter society.  More importantly, they are inclined to return to criminal activity and drug use instead of attaining sobriety and gainful employment,” Assemblymember Swanson stated.

Available data supports Assemblymember Swanson’s assertion, with the most conspicuous example of California’s correctional breakdown being in its unparalleled recidivism rate.  California has a 70% recidivism rate, the highest in the nation.  Only 21% of California parolees successfully complete parole—half of the national average—and two out of three inmates returning to prison are parolees.  Notably, New York, which completely opted out of the federal ban on TANF and food stamps, has a recidivism rate that’s 25% lower than California’s. 

The overpopulation crisis in the prisons has also heavily skewed how the Legislature is prioritizing the state budget. California is on track to spend more on prisons than higher education within the next five years.

Assemblymember Swanson concluded: “We cannot sustain this continued growth in our prison budget and population.  I urge the Governor to challenge the status quo with bold new initiatives such as AB 508.”