Section 432.24 - Eligibility for persons with drug-related felonies(a) To the extent permitted by Federal law, a person who is otherwise eligible to receive public assistance shall not be denied assistance solely because he has been convicted of a felony drug offense, provided: (1) He is complying with or has already complied with the obligations imposed by the criminal court.(2) He is actively engaged in or has completed a court-ordered substance abuse treatment program and participates in periodic drug screenings for five years after the drug-related conviction or for the duration of probation, whichever is of longer duration.(b) Under the screening for the drug test and retest program the department shall: (1) Require a recipient be scheduled to be tested if he has either a felony conviction for a drug offense which occurred within five years or a felony conviction for a drug offense for which he is presently on probation subject to the following conditions: (i) An individual who is applying for public assistance is required to be tested and shall be tested at the time the application for public assistance is made.(ii) A recipient already receiving public assistance as of the effective date of this section shall be scheduled to be tested in accordance with paragraph (2).(2) Develop and implement a system for randomly testing no less than twenty percent of the individuals receiving public assistance benefits during each six-month period following the effective date of this section who are subject to testing for the presence of illegal drugs under this section.(3) Deny public assistance to an individual who refuses to take the drug test or the drug retest required by this section and terminate the public assistance benefits for anyone who refuses to submit to the random drug test required by this section.(c) An individual who takes the drug test or retest and fails it shall be subject to the following sanctions:(1) For failing a drug test or retest the first time, an individual shall be provided an assessment for addiction and provided treatment for addiction as indicated by treatment criteria developed by the Single State Authority on Drugs and Alcohol. Assessments shall be conducted by the Single County Authority (SCA) on Drugs and Alcohol or a designee. Treatment recommended shall be provided by facilities licensed by the Division of Drug and Alcohol Program Licensure in the Department of Health. Medicaid eligibility and determinations shall be expedited to ensure access to assessment and addiction treatment through Medicaid. If the individual cooperates with the assessment and treatment, no penalty will be imposed. If the individual refuses to cooperate with the assessment and treatment, the public assistance shall be suspended for six months. The department must notify the individual of the failed drug test no later than seven days after receipt of the drug test results, and the suspension in public assistance will begin on the next scheduled distribution of public assistance and for every other distribution of public assistance until the suspension period lapses. After suspension, an individual may apply for public assistance, but shall submit to a retest.(2) For failing a drug test or retest the second time, the public assistance to which the individual is entitled shall be suspended for twelve months. The department must notify the individual of the failed drug test no later than seven days after receipt of the drug test results, and the suspension in public assistance shall begin on the next scheduled distribution of public assistance and for every other distribution of public assistance until the suspension period lapses. After suspension, an individual may then reapply for public assistance, but shall submit to a retest.(3) For failing a drug test or retest the third time, the individual shall no longer be entitled to public assistance.(d) Nothing in this section shall be construed to render applicants or recipients who fail a drug test or drug retest ineligible for:(1) a Commonwealth program that pays the costs for participating in a drug treatment program;(2) a medical assistance program; or(3) another benefit not included within the definition of public assistance as defined under this act.(e) Notwithstanding any other provision in this section, the department shall, in its sole discretion, determine when it is cost effective to implement the provisions of this section.(f) Within six months of the effective date of this section, the department shall submit a written report detailing the department's determination whether it is cost effective to implement the provisions of this section. Nothing in this section shall prohibit the department from implementation of this program prior to the issuance of the report. The report shall be submitted to the Governor, the General Assembly, the chairperson and minority chairperson of the Public Health and Welfare Committee of the Senate, the chairperson and minority chairperson of the Health Committee of the House of Representatives and the Inspector General.(g) As used in this section, the following words and phrases shall have the meanings given to them in this subsection unless the context clearly indicates otherwise: "Drug offense" means an offense resulting in a conviction for the possession, use or distribution of a controlled substance, or conspiracy to commit the offense, whether the offense occurred in this Commonwealth or in another jurisdiction.
"Drug test" means a urinalysis, blood test or another scientific study of an individual's body which has been conclusively found to detect the presence or prior use of an illegal drug or substance and for which the accuracy has been accepted in the scientific community.
"Public assistance" means Temporary Assistance to Needy Families (TANF), Federal food stamps, general assistance and State supplemental assistance.
1967, June 13, P.L. 31, No. 21, art. 4, § 432.24, added 2011, June 30, P.L. 89, No. 22, § 4, effective 7/1/2011.