39-709e. Exercise of state's option from federal law making certain drug abusers ineligible for public assistance. - Kansas Statutes

39-709e

Chapter 39.--MENTALLY ILL, INCAPACITATED AND DEPENDENT PERSONS; SOCIAL WELFARE Article 7.--SOCIAL WELFARE

      39-709e.   Exercise of state's option from federal lawmaking certain drug abusers ineligible for public assistance.(a) Under the authority of subsection (d)(1)(A) of 21 U.S.C.§862a, the state of Kansas hereby exercises its option out ofsubsection (a) of 21 U.S.C. §862a, which makes any individual ineligiblefor certain state and federal assistance if that individual has been convictedunder federal or state law of any offense which is classified as a felony bythe law of the jurisdiction and which has as an element of such offense thepossession, use ordistribution of a controlled substance as defined by subsection (6) of 21U.S.C. §802, only if, after such conviction, such individual has:

      (1)   Been assessed by a licensed substance abuse treatment provider as notrequiring substance abuse treatment; or

      (2)   been assessed by a licensed substance abuse treatment provider and suchprovider recommended substance abuse treatment and such individual:

      (A)   Is participating in a licensed substance abuse treatment program; or

      (B)   has successfully completed a licensed substance abuse treatment program.

      (b)   An individual shall be disqualified for any state or federalassistance permitted by this section if confirmation of illegal drug use isfound as a result of testing that occurs while the individual is on probation,parole, conditional release or postrelease supervision or during requiredsubstance abuse treatment. Thereafter, such disqualified individual mayreapply for assistance after 30 days.

      History:   L. 2006, ch. 162, § 1; July 1.