Problematic Federal Rules
Several of these federal programs also have rules that create barriers
to successful rehabilitation of some ex-offenders. Given the high rate
of co-occurring substance abuse problems among people with serious mental
disorders, rules relating to drug charges are particularly problematic.
TANF, veterans benefits and food stamps all have prohibitions in federal
law regarding access by individuals convicted of a felony relating to
illegal drugs. Anyone with a drug felony conviction is barred for life
from obtaining food stamps and TANF benefits, unless a state specifically
modifies or eliminates this prohibition. To date, just over half the states
have enacted legislation to either opt out of or narrow this ban.(7)
People who have outstanding warrants or who are in violation of probation
or parole conditions are also ineligible for food stamps, SSI or TANF
benefits. Individuals with serious mental disorders are often unaware
that they fall into one of these categories.
Finally, some federal program rules work directly against the rules
of the criminal justice system. The strict work requirements of TANF and
the food stamp program may make it impossible for the person to meet the
obligation to participate in mental health or drug treatment under the
terms of his or her parole or probation.(8)
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