The Bazelon Center for Mental Health Law


 

 

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)

Next: State Flexibility In Federal Programs

 

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  Judge David L. Bazelon Center for Mental Health Law
1101 15th Street, NW, Suite 1212
Washington, DC 20005

Phone: 202-467-5730
Fax: 202-223-0409
Email: webmaster at bazelon.org

 
Judge David L. Bazelon Center for Mental Health Law
1101 15th Street, NW, Suite 1212
Washington, DC 20005

Phone: 202-467-5730
Fax: 202-223-0409
Email: webmasteratbazelon.org