Md. Code Ann., Hum. Servs. § 5-601
Residents convicted of controlled dangerous substance felonies
Effective Oct 1, 2017Added by Acts 2007, c. 3, § 2, eff. Oct. 1, 2007. Amended by Acts 2017, c. 792, § 1, eff. Oct. 1, 2017; Acts 2017, c. 793, § 1, eff. Oct. 1, 2017.State of Maryland
- (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.
Added by Acts 2007, c. 3, § 2, eff. Oct. 1, 2007. Amended by Acts 2017, c. 792, § 1, eff. Oct. 1, 2017; Acts 2017, c. 793, § 1, eff. Oct. 1, 2017.