Introduced Version
HOUSE BILL No. 1053
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 11-10-12-5; IC 12-14.
Synopsis: Eligibility for TANF. Provides that an individual who has
been convicted of a felony involving a controlled substance and has
completed or is participating in certain substance abuse treatment
programs or mental health programs may receive assistance under the
federal Temporary Assistance for Needy Families (TANF) program for
up to 12 months. Requires the department of correction to assist an
offender with applying for TANF. Makes technical corrections. (The
introduced version of this bill was prepared by the forensic diversion
study committee.)
Effective: July 1, 2007.
Crawford, Foley
January 8, 2007, read first time and referred to Committee on Ways and Means.
Introduced
First Regular Session 115th General Assembly (2007)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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Additions: Whenever a new statutory provision is being enacted (or a new constitutional
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NEW will appear in that style type in the introductory clause of each SECTION that adds
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HOUSE BILL No. 1053
A BILL FOR AN ACT to amend the Indiana Code concerning
human services.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 11-10-12-5; (07)IN1053.1.1. -->
SECTION 1. IC 11-10-12-5 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2007]: Sec. 5. (a) The department shall assist a committed
offender in applying for assistance under the federal Temporary
Assistance for Needy Families (TANF) program (45 CFR 260 et
seq.) so that the committed offender might be eligible for assistance
when the offender is subsequently:
(1) released on parole;
(2) assigned to a community transition program; or
(3) discharged from the department.
(b) The department shall provide the assistance described in
subsection (a) in sufficient time to ensure that the committed
offender will be able to receive assistance at the time the committed
offender is:
(1) released on parole;
(2) assigned to a community transition program; or
(3) discharged from the department.
SOURCE: IC 12-14-1-1; (07)IN1053.1.2. -->
SECTION 2. IC 12-14-1-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 1. (a) Assistance under
AFDC TANF shall be given to a dependent child who otherwise
qualifies for assistance if the child is living in a family home of a
person who is:
(1) at least eighteen (18) years of age; and
(2) the child's relative, including:
(A) the child's mother, father, stepmother, stepfather,
grandmother, or grandfather; or
(B) a relative not listed in clause (A) who has custody of the
child under a court order.
(b) A parent or relative and a dependent child of the parent or
relative are not eligible for AFDC TANF assistance when the physical
custody of the dependent child was obtained for the purpose of
establishing AFDC TANF eligibility.
(c) Except as provided in IC 12-14-28-3.3, a person convicted of
an offense under IC 35-43-5-7 or IC 35-48-4 is not eligible to receive
assistance under AFDC TANF for the following periods:
(1) If the conviction is for a misdemeanor, the person is not
eligible to receive assistance under AFDC TANF for one (1) year
after the conviction.
(2) If the conviction is for a felony, the person is not eligible to
receive assistance under AFDC TANF for ten (10) years after the
conviction.
(d) The assistance paid to a dependent child under this section may
not be affected by the conviction of a parent or an essential person of
the dependent child under subsection (c).
SOURCE: IC 12-14-28-3.3; (07)IN1053.1.3. -->
SECTION 3. IC 12-14-28-3.3 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2007]: Sec. 3.3. (a) An individual who:
(1) except for 21 U.S.C. 862a(a), meets the federal and Indiana
TANF program eligibility requirements;
(2) has been convicted of an offense under federal or state law
that:
(A) is classified as a felony; and
(B) has as an element the possession, use, or distribution of
a controlled substance (as defined in 21 U.S.C. 802(6)); and
(3) either has completed or is participating in substance abuse
or mental health treatment provided by:
(A) an addiction services provider certified by the division
of mental health and addiction;
(B) a mental health provider (as defined in IC 16-36-1.5-2);
(C) the department of correction; or
(D) the federal government;
is eligible to receive assistance under this chapter for not more
than twelve (12) months.
(b) For purposes of eligibility for assistance under this chapter,
a court may order an individual described in subsection (a) to
participate in substance abuse or mental health treatment under
this section.
(c) The department of correction shall assist an individual who:
(1) is incarcerated by the department of correction; and
(2) will be eligible for assistance under this chapter upon:
(A) release to parole;
(B) assignment to a community transition program; or
(C) discharge from the department of correction;
with applying for assistance under this chapter as described in
IC 11-10-12-5.
SOURCE: IC 12-14-28-3.8; (07)IN1053.1.4. -->
SECTION 4. IC 12-14-28-3.8 IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2007]:
Sec. 3.8. In accordance with 21 U.S.C.
862a(d)(1), the state elects to opt out of the application of 21 U.S.C.
862a(a) for an individual who has completed or is participating in
a substance abuse or mental health treatment program described
in section 3.3(a)(3) of this chapter.