The Ban on Welfare for Felony Drug Offenders: Giving a New Meaning to Life Sentence
![handle is hein.journals/berkwolj13 and id is 263 raw text is: Recent Developments
The Ban on Welfare for Felony Drug
Offenders: Giving a New Meaning to Life
Sentence
Cynthia Godsoet
INTRODUCTION
One of the most troubling, and least discussed, provisions of the new
federal welfare law is the lifetime ban on benefits to anyone convicted of
a drug-related felony. Section 115 of the Personal Responsibility and
Work Opportunity Reconciliation Act of 1996 (Welfare Act) denies
both welfare benefits and federally-funded food stamps to any individual
convicted of a felony involving the possession, use or distribution of a
controlled substance.' This provision will further impoverish vast num-
bers of women, particularly women of color, who are already disadvan-
taged by addiction and a criminal history. The ban also will harm children
and other family members being cared for by or living with the women
deemed ineligible. Section 115 fails to address the causes of drug abuse and
drug-related crime in our society, and is likely to worsen recidivism rates
among drug offenders.
In this article, I will briefly outline Section 115 and its moral bases,
as well as how several states, particularly California, are applying this
measure. Next I will describe the likely impact of this provision, particu-
larly on women already disadvantaged by addiction, poverty, and/or ra-
cism. I will then list some steps that practitioners, including prosecutors,
public defenders, and other advocates, can take to try to minimize the
application of this devastating provision to individuals. Finally, I will out-
line a potential equal protection challenge to Section 115.
Copyright 0 1998, BERKELEY WOMEN'S LAW JOURNAL.
J.D. cand., Harvard Law School.
1. Personal Responsibility and Work Opportunity Reconciliation Act of 1996 § 115, 21 U.S.C.A. §
862a (West Supp. 1997) [hereinafter Welfare Act].
BERKELEY WOMEN'S LAW JOURNAL](ViewImageLocal?handle=hein.journals/berkwolj13&div=18&collection=&method=preview&ext=.png&size=3)
What Is HeinOnline?
Contact us for annual subscription options:
Already a HeinOnline Subscriber?
profiles profiles most
The Ban on Welfare for Felony Drug Offenders: Giving a New Meaning to Life Sentence
Contact us for annual subscription options:
Already a HeinOnline Subscriber?
profiles profiles most