State Flexibility In Federal Programs
Many federal laws allow states to amend these onerous rules. Even when
amendments are prohibited, however, states have flexibility in administering
policies to assist ex-offenders in accessing key benefits. States can
also use certain federal resources to provide services to aid inmates
prior to their release. For example:
- States may suspend, rather than terminate, Medicaid benefits (and
federal financial participation) for those who are incarcerated.
- States may adopt TANF rules that enable people with drug felonies
to be eligible for benefits upon release, or they can modify the federal
ban so it does not apply to anyone who is in, or has completed, an approved
treatment program.
- States can adopt rules that make food stamps available to people
with drug felonies upon release, or they can modify the federal ban
so it does not apply to anyone who is in, or has completed, an approved
treatment program.
- States can fund certain services (but not mental health treatment)
for inmates who will be TANF-eligible upon release. These services can
include:
- case management;
- vocational rehabilitation;
- some mental health services (but not psychiatric) such as counseling,
anger management and non-medical substance abuse treatment; and
- literacy skills, job training or retraining, job search.
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