CHAPTER 177

FORMERLY

HOUSE BILL NO. 263

AS AMENDED BY

HOUSE AMENDMENT NOS. 1 & 2

AN ACT TO AMEND TITLE 31 OF THE DELAWARE CODE RELATING TO ELIGIBILITY FOR PUBLIC ASSISTANCE.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE :

Section 1. Amend Chapter 6 of Title 31 by adding a new section as follows:

"§605(a). Eligibility for Food Stamp Program.

Pursuant to the option granted the State by 21 U.S.C. §862a(d)(1), an individual convicted under federal or State law of a felony involving possession, or use of a controlled substance shall be exempt from the prohibition contained in 21 U.S.C. §862a(a) against eligibility for food stamp program benefits for such convictions, if such person, as determined by the Department;

(1) is currently participating in a substance abuse treatment program approved by the Department; or

(2) is currently enrolled in a substance abuse treatment program approved by the Department subject to a waiting list to receive available treatment, and the individual remains enrolled in the treatment program and enters the treatment program at the first available opportunity; or

(3) has satisfactorily completed a substance abuse treatment program approved by the Department; or

(4) is determined by a treatment provider licensed by the Department not to need substance abuse treatment according to the Department's guidelines; and

(5) is complying with, or has already complied with all obligations imposed by the criminal court, including any substance abuse treatment obligations.

(b.) Eligibility based upon the factors in paragraph 1 of this subsection must be based upon documentary or other evidence satisfactory to the Department, and the applicant must meet all other requirements of program eligibility, including, specifically, being accountable for the requirements of the personal responsibility plan required by the Department. The Department shall establish rules and/or regulations to address the appropriate sanctions if an applicant is determined to not be free of any controlled substance which receiving benefits under this Section. The Department shall also require each individual to submit to quarterly random drug testing at the individual’s cost, and the Department shall revoke eligibility if a test comes back positive for a controlled substance.

Section 3. The provisions of this Act shall be effective upon its enactment into law.

Approved July 17, 2003