Assistance to resident convicted of controlled dangerous substance felony

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    (a)    In this section, “resident” means an individual who resides in this State on the date the individual applies for public assistance.

    (b)    Subject to § 5–314 of this title and as authorized under 21 U.S.C. § 862a(d)(1), the State removes itself from the application of § 115 of the federal Personal Responsibility and Work Opportunity Act of 1996 to allow the Department to provide temporary cash assistance and food stamps to a resident who has been convicted of a felony involving the possession, use, or distribution of a controlled dangerous substance.

    (c)    (1)    Notwithstanding subsection (b) of this section, if a resident receiving temporary cash assistance or food stamps is found to be in violation of § 5–612 or § 5–613 of the Criminal Law Article, the resident is:

            (i)    ineligible for temporary cash assistance or food stamps for 1 year after the date of the conviction; and

            (ii)    subject to testing for substance abuse, as provided by the Department, and to treatment as required under § 5–314 of this title, for 2 years beginning on the later of:

                1.    the date the individual is released from incarceration;

                2.    the date the individual completes any term of probation; or

                3.    the date the individual completes any term of parole or mandatory supervision.

        (2)    A recipient who fails to comply with the testing required under this subsection or the treatment required under § 5–314 of this title or who tests positive for the abuse of controlled dangerous substances is subject to the sanctions provided under § 5–314 of this title.

        (3)    In consultation with the Maryland Department of Health, the Secretary shall adopt regulations to establish the testing methods and procedures, consistent with § 5–314 of this title, to be required by the Department under this subsection, including the intervals of testing and methods required.


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