SNAP eligibility expansion clears first round

Lawmakers gave first-round approval April 10 to a bill that would eliminate the state’s lifetime ban on Supplemental Nutrition Assistance Program eligibility for individuals with certain drug-related convictions.

Current Nebraska law prohibits individuals from receiving SNAP benefits if they have one or more felony convictions involving the sale or distribution of a controlled substance or three or more felony convictions for use or possession.

An individual with one or two felony convictions for possession or use is eligible only if they participate in an approved substance abuse treatment program.

LB319, sponsored by Bellevue Sen. Victor Rountree, would remove the lifetime ban and participation in a treatment program as a condition of eligibility. The measure would allow individuals with felony drug convictions to receive SNAP benefits if they otherwise would qualify and have completed their sentence or are serving a term of parole, probation or post-release supervision.

Rountree said the bill would help provide food assistance to over 1,000 individuals and families in the state. He said that while families of individuals with felony drug convictions may still qualify for SNAP benefits, the amount they receive is impacted by the current restriction.

A banned individual is not counted toward the overall household size, Rountree said, but their income is included in eligibility determinations, which results in fewer benefits for their family.

“This is not a handout, it’s a hand up,” he said. “I’ve heard countless stories of single parents trying to do right by their families, but they are denied assistance to put food on their table.”

Gering Sen. Brian Hardin supported the bill, saying the recidivism rate among individuals with felony drug convictions is three times higher if they are ineligible for SNAP benefits.

“If they have this food [assistance] … that removes a temptation to perhaps get back involved with the kinds of things that may have put them in [prison] in the first place,” Hardin said.

Sen. Jana Hughes of Seward also supported the bill. She noted that the current ban on SNAP eligibility does not apply for any other criminal conviction — including serious offenses such as sexual assault and murder. Food is a basic need, she said.

“If you have [committed] a crime and you have served your time, at what point do you get to become a citizen of the United States again and try to do better?” Hughes said.

Sen. Bob Andersen of Omaha opposed the bill. He said there are several philanthropic organizations that already provide transitional support to those reentering society from the criminal justice system.

Andersen also expressed concern about using additional state funds for formerly incarcerated individuals. In addition to the cost of the judicial system, police and prosecution, he said, the state is responsible for paying approximately $41,000 annually to house an incarcerated person.

“Now when they come out of prison, they want even more money in food stamps,” Andersen said.

LB319 advanced to select file on a 32-5 vote.