Pubdate: Thu, 21 Mar 2002
Source: New York Times (NY)
Copyright: 2002 The New York Times Company
Contact:  http://www.nytimes.com/
Details: http://www.mapinc.org/media/298
Section: Editorial/Op-Ed
Author: Herman Schwartz
Note: Herman Schwartz, professor of constitutional law at American 
University, is chairman of the National Law Center on Homelessness and Poverty.

OUT OF JAIL AND OUT OF FOOD

WASHINGTON — After barely two minutes of debate, a floor amendment was 
added to the 1996 welfare law that denies food stamps and welfare 
(Temporary Aid to Needy Families) for life to anyone convicted of a drug 
felony. It is doubtful that the members of Congress realized a large part 
of this burden would fall on struggling women and their young children.

A study by the Sentencing Project, a research organization based in 
Washington, estimates that since the ban went into effect in 1996, 92,000 
women have been convicted of drug offenses in the states enforcing it. Of 
these, about two-thirds are mothers, with 135,000 children among them.

Obviously, the only people hurt by this denial of benefits are the poor, 
which usually means a minor offender who is an addict and out of jail 
trying to make it. The big operators, the manufacturers and distributors of 
illegal drugs, don't need government benefits. And offenders in prison are 
being supported by the state.

States can opt out of this ban, but 42 still enforce it for at least some 
drug felons. The offender can do nothing to lift the ban, regardless of 
whether that person is only a minor or a first offender, in treatment or 
cured, sick or pregnant or supporting a family — and regardless of whether 
he or she lives a completely blameless life forever after.

Theoretically, the law denies these benefits only to the person convicted 
and not to the rest of the family, but this distinction is often 
meaningless. A single-parent family of three, for example, in which only 
the two children are entitled to food stamps, will obviously divide the 
food three ways. And when the mother cannot get welfare benefits she may 
not apply for them for others in the family.

Many of the women likely to be affected by this rule are among life's 
saddest victims. A study of 31 women in a drug treatment facility in 
Philadelphia found that almost all had been sexually assaulted by 
boyfriends, stepfathers, fathers and others. Many were physically sick — 
with diabetes, hypertension and sexually transmitted diseases — and many 
were mentally ill.

Ex-prisoners have always had a hard time getting jobs, and because of the 
recession and Sept. 11, it is now even harder. Few drug offenders have any 
community help or other supports, and because of their drug convictions 
they are often unable to get into public housing. Many become homeless.

Residential drug treatment centers are also hurt by this ban. They usually 
require those they treat to turn over their food stamps and other benefits; 
the centers use these to supplement their own resources.

The Senate has passed a repeal of the ban as an attachment to an 
authorization bill for the Justice Department. The House is not likely to 
follow suit: Chairman Bill Thomas of the Ways and Means Committee wants the 
issue debated as part of the welfare reform reauthorization coming later 
this year. Restoration of food stamps to some of the neediest Americans is 
too important to be tied up in legislative maneuvering. Members of Congress 
must get together and pass it.
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MAP posted-by: Keith Brilhart