ASSEMBLY, No. 251

STATE OF NEW JERSEY

Introduced Pending Technical Review by Legislative Counsel

PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION

By Assemblyman GARCIA

An Act suspending general public assistance benefits upon conviction for a drug offense and supplementing P.L.1947, c.156 (C.44:8-107 et seq.) and P.L.1987, c.106 (C.2C:35-1 et al.).

    Be It Enacted by the Senate and General Assembly of the State of New Jersey:

    1. a. A person who is eligible for or receiving benefits under the program of general public assistance established pursuant to P.L.1947, c.156 (C.44:8-107 et seq.), and who is convicted of, or enters a plea of guilty to a charge of, an offense under the "Comprehensive Drug Reform Act of 1987," P.L.1987, c.106 (C.2C:35-1 et al.), involving the use, possession, manufacture, dispensing or distribution of a controlled dangerous substance, controlled dangerous substance analog or drug paraphernalia, is subject to a suspension of cash general public assistance benefits for the period commencing on the first day of the first full month following the date on which a period of probation begins and ending on the last day of the month in which the term of the period of probation to which the person is sentenced ends, except as provided under subsection b. of this section, at the conclusion of which period the person's cash general public assistance benefits shall be reinstated, if otherwise eligible for benefits.

    Nothing in this section shall be construed to deny a public assistance recipient any benefits other than the cash assistance provided by the program of general public assistance.

    If the person is convicted of, or enters a plea of guilty to a charge of, an offense specified in this section, a second time, the person shall forfeit any eligibility for benefits under the program of general public assistance, unless he demonstrates that he is receiving or seeking treatment for the substance abuse problem.

    b.    Before suspending a convicted person's benefits under subsection a. of this section, the municipal welfare agency shall determine whether the person has a drug addiction and promptly refer the person to a substance abuse treatment program, if available. Any convicted person who is participating in a substance abuse treatment program or who is willing to participate in a substance abuse treatment program when the program becomes available shall continue to receive benefits during the period of probation. In the case of a convicted person who is determined not to have a drug addiction by the municipal welfare agency, the person shall forfeit any eligibility for benefits under the program of general public assistance for the period commencing on the first day of the first full month following the date on which a period of probation begins and ending on the last day of the month in which the term of the period of probation to which the person is sentenced ends.

    2. The Commissioner of Human Services, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), shall adopt rules and regulations to effectuate the purposes of section 1 of this act.

    3. The prosecutor in the county in which a term of probation is given in a sentence for a conviction or a plea of guilty to a charge of an offense under the "Comprehensive Drug Reform Act of 1987," P.L.1987, c.106 (C. 2C:35-1 et al.), involving the use, possession, manufacture, dispensing or distribution of a controlled dangerous substance, controlled dangerous substance analog or drug paraphernalia, shall ascertain whether the person is a recipient of benefits under the program of general public assistance established pursuant to P.L.1947, c.156 (C.44:8-107 et seq.). Upon determining that the person is a recipient, the prosecutor shall immediately notify in writing the municipal welfare agency of the municipality in which the person receives benefits. The notice shall indicate, in addition to any information necessary to identify the person, the first and last date of the period of probation to which the person is sentenced, and the offense for which the person was convicted.

    4. The New Jersey Supreme Court, in consultation with the Commissioner of Human Services, shall adopt rules and regulations to effectuate the purposes of section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill).

    5. This act shall take effect immediately.

STATEMENT

    This bill would suspend cash general public assistance benefits to a person who is convicted of, or pleads guilty to a charge of, a drug offense under the "Comprehensive Drug Reform Act of 1987," P.L.1987, c.106 (C.2C:35-1 et al.), involving the use, possession, manufacture, dispensing or distribution of a controlled dangerous substance, controlled dangerous substance analog or drug paraphernalia. The period of suspension would commence with the first day of the first full month following the date on which a period of probation is imposed and end on the last day of the month in which the period of probation to which the person is sentenced ends, at which time the person would be reinstated, if otherwise eligible for benefits.

    The bill limits the suspension of benefits to the cash assistance provided by the program of general public assistance, and applies only to persons who are on probation.

    If a person is convicted of, or enters a plea of guilty to a charge of, a drug offense a second time, the bill provides for the forfeiture of any eligibility for benefits under the program of general public assistance, unless the person demonstrates that he is receiving or seeking treatment for the substance abuse problem.

    Additionally, the bill provides for the forfeiture of any eligibility for benefits in the case of a convicted person who is determined not to have a drug addiction by the municipal welfare agency, commencing with the first day of the first full month following the date on which a period of probation is imposed and ending on the last day of the month in which the period of probation to which the person is sentenced ends.

    Lastly, the bill specifies that the New Jersey Supreme Court, in consultation with the Commissioner of Human Services, shall adopt rules and regulations regarding the implementation of section 3 of this bill.

Suspends general assistance benefits to persons convicted of a drug offense.