Senate Bill 558 Would Further Restrict Eligibility for Cash Assistance to Some Ex-Offenders

Senate Bill 558, which State Senator Steve Rauschenberger (R) sponsors, would further restrict eligibility for cash assistance by individuals with drug convictions. The bill passed out of committee last week and is now poised to be voted on by the full Illinois Senate. If passed, it will go to the House for consideration. The National Center on Poverty Law opposes this bill.

The current law bars ex-offenders with a Class X or Class 1 felony conviction from receiving cash assistance. This includes Temporary Assistance for Needy Families (TANF), Aid to the Aged, Blind and Disabled (AABD), General Assistance (GA), and Transitional Assistance (TA). The law bars individuals convicted of lesser drug offenses from receiving cash assistance for two years after conviction unless she or he is in a drug treatment program, aftercare program, or other similar program. S.B. 558 would amend the law to restrict receipt of cash assistance to a lifetime maximum of three months unless the individual is in a drug treatment program, aftercare program, or other similar program. The bill passed out of subcommittee on March 19 and out of the full committee on March 20.

In testifying against S.B. 558 in a Senate subcommittee hearing on March 19, Wendy Pollack of the National Center on Poverty Law presented findings from a study about women who are in the Pennsylvania criminal justice system and have drug convictions:

• The majority of women had no prior drug convictions, and their felony convictions were for small quantities of drugs (often only $5 or $10 worth).

• They began their drug use as young children or as teenagers, often in direct response to sexual or physical abuse or both.

• They had limited education, limited literacy, and employment histories in short-term, low-wage jobs.

• They were homeless before their arrest and had lived in cars, on the street, in shelters, and other unsafe and unstable situations.

• They had multiple physical and mental health problems needing treatment.

• Eighty-one percent had suffered abuse—including domestic violence and rape—as children or adults or both.

• For 65 percent of the women, jail was the first place they received drug treatment and the first time the abuse they survived got attention.

Barring the receipt of cash assistance ignores the reality of the lives of ex-offenders and what is necessary to keep them on the path to economic self-sufficiency. We must recognize and address the connection between violence against women and drug use. Women and girls self-medicate in response to the violence. Abuse is a major trigger for relapse. Further, many women convicted of a drug offense are not themselves users. They often take the rap for their male partner, who may be abusing them. Still other women get bad legal advice and plead to an offense they did not commit. These women may not need to be in a drug treatment program but are most likely in need of other services. Ex-offenders have a difficult time finding employment—employers routinely discriminate against them. Excluding individuals from employment on the basis of their conviction records is a violation of Title VII of the Civil Rights Act of 1964 unless a business necessity justifies the exclusion.

Denial of benefits increases the chances of relapse and disconnects ex-offenders from badly needed services. Cash benefits are critical to reunification with children and keeping families together. Cash benefits are critical for a successful transition from welfare to work.

We need to seek ways to reach out and help individuals convicted of drug offenses, not find more ways to punish them. Please contact your state senator and representative and ask them to vote no on S.B. 558.

If you have any questions, contact Wendy Pollack, National Center on Poverty Law, 312.263.3830 ext. 238.