February 11, 2003





HOUSE BILL No. 1785

_____


DIGEST OF HB 1785 (Updated February 6, 2003 12:00 PM - DI 107)



Citations Affected: Noncode.

Synopsis: Reentry court program. Permits certain drug offenders participating in a reentry court program to receive food stamps or temporary assistance for needy families (TANF). Requires a court to notify the local office of family and children if an individual commits a felony or is terminated from a reentry court program during the period in which the individual is eligible for food stamps or TANF.

Effective: July 1, 2003.





Moses, GiaQuinta, Alderman




    January 21, 2003, read first time and referred to Committee on Human Affairs.
    February 10, 2003, amended, reported _ Do Pass.






February 11, 2003

First Regular Session 113th General Assembly (2003)


PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
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HOUSE BILL No. 1785



    A BILL FOR AN ACT concerning courts and court officers.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: ; (03)HB1785.1.1. -->     SECTION 1. [EFFECTIVE JULY 1, 2003] (a) As used in this SECTION, "food stamp eligible individual" refers to an individual who meets all the following requirements:
        (1) The individual is a resident of a county having a reentry court program.
        (2) The individual was convicted of an offense under IC 35-48 (controlled substances) for conduct occurring after August 22, 1996.
        (3) Except for 21 U.S.C. 862a(a), the individual meets the federal and Indiana food stamp program requirements.
        (4) The individual is successfully participating in a reentry court program.
    (b) As used in this SECTION, "reentry court program" refers to a program that meets the following requirements:
        (1) A circuit or superior court has established and administers the program.
        (2) The program is designed to supervise and provide services to an individual who was previously incarcerated by the

department of correction in order to increase the likelihood that the individual will:
            (A) become self-sufficient; and
            (B) not commit additional crimes.
    (c) As used in this SECTION, "TANF " refers to the federal Temporary Assistance for Needy Families program.
    (d) As used in this SECTION, "TANF eligible individual" refers to an individual who meets all the following requirements:
        (1) The individual is a resident of a county having a reentry court program.
        (2) The individual was convicted of an offense under IC 35-48 (controlled substances) for conduct occurring after August 22, 1996.
        (3) Except for 21 U.S.C. 862a(a), the individual meets the federal and Indiana TANF program requirements.
        (4) The individual is successfully participating in a reentry court program.
    (e) Until June 30, 2005, and in accordance with 21 U.S.C. 862a(d)(1) and this SECTION, the state elects to opt out of the application of 21 U.S.C. 862a(a) for individuals participating in a reentry court program.
    (f) If referred by a court, a food stamp eligible individual may receive food stamps for not more than twelve (12) months.
    (g) If referred by a court, a TANF eligible individual may receive TANF benefits for not more than twelve (12) months.
    (h) Nothwithstanding subsections (f) and (g), a food stamp eligible individual and a TANF eligible individual may not receive food stamp or TANF benefits after June 30, 2005.
    (i) A court may modify or revoke an order issued under this SECTION concerning a food stamp eligible individual or a TANF eligible individual at any time.
    (j) A court shall immediately notify the local office of family and children upon the court's finding of probable cause that an individual has committed a felony offense during the period in which the individual is eligible for TANF or food stamps.
    (k) A court shall immediately notify the local office of family and children when an individual has been terminated from a reentry court program during the period in which the individual is eligible for TANF or food stamps.
    (l) This SECTION expires July 1, 2005.