Ensure access to entitlement programs for formerly incarcerated
Recommendation
Congress should pass legislation that forbids states from restricting formerly incarcerated individuals’ access to and eligibility for public entitlement programs, including the Supplemental Nutrition Assistance Program (SNAP).[1]
Background/summary
People with mental health and substance use disorders (MH/SUDs) are disproportionately represented in the criminal legal system—an estimated 44 percent of those in jail and 37 percent of those in prison have a mental health condition (compared to 20 percent of the general population). Furthermore, 63 percent of individuals in jail and 58 percent in prison have an SUD.[2]
Food insecurity, just one barrier formerly incarcerated individuals face upon reentry, is significantly and positively associated with psychological distress.[3] Research has found that formerly incarcerated individuals, and the children of currently incarcerated individuals, are twice as likely to experience food insecurity.[4] Federal law[5] imposed a lifetime ban on Supplemental Nutrition Assistance Program (SNAP) and Temporary Assistance for Needy Families (TANF) benefits for individuals with a previous drug felony conviction, though states have the flexibility to remove or modify the ban.[6] While most states have done so for at least one of the programs, some states still restrict or completely ban food assistance under SNAP, cash assistance through TANF, or both for individuals with a drug-related felony conviction.[6][7] Research suggests that SNAP participation reduces psychological distress, including decreasing the association between food insecurity and depression.[3]
Passing legislation that prohibits states from enforcing restrictions or bans on federal food assistance programs to formerly incarcerated individuals would decrease food insecurity for those individuals and their families, reducing one barrier to reentry, and decreasing an important risk factor for mental health and substance use.
citations
1. Making Essentials Available and Lawful (MEAL) Act. H.R. 2837 (Cohen) and S. 2667 (Booker), 117th Congress, 2021-2022. Last Accessed 2021.
2. U.S. Department of Health and Human Services, Substance Abuse and Mental Health Services Administration (SAMHSA). About Criminal and Juvenile Justice. Last Updated March 2, 2022.
3. Myers, Candice. A. Food Insecurity and Psychological Distress: A Review of the Recent Literature. Current Nutrition Reports. 9 (2): 107-118. Last Updated June 2020.
4. Testa, Alexander and Dylan B. Jackson. Food Insecurity Among Formerly Incarcerated Adults. Criminal Justice and Behavior. 46 (10):1493-1511. Last Updated June 19, 2019.
5. Personal Responsibility and Work Opportunity Reconciliation Act of 1996. H.R. 3734 (Kasich) and S. 1956 (Domenici), 104th Congress (1995-1996). Last Updated 1996.
6. Burnside, Ashley. No More Double Punishments: Lifting the Ban on SNAP and TANF for People with Prior Felony Drug Convictions. The Center for Law and Social Policy. Last Updated April 2022.
7. Polkey, Chesterfield. Most States Have Ended SNAP Ban for Convicted Drug Felons. National Conference of State Legislatures. Last Updated July 30, 2019.