In 1996, Congress passed the Personal
Responsibility and Work Opportunity Reconciliation Act, also known as welfare
reform. The law included a provision which
imposed a lifetime ban on the Supplemental Nutrition Assistance Program (SNAP), formerly called Food Stamps, to anyone convicted of a drug-related felony.
It didn’t matter whether the felony conviction related to drug
possession or dealing. This was the era when
Democrats and Republicans at every level of government were caught in a “tough
on crime” frenzy. The “war on drugs” raged furiously, and “three strikes you’re
out” applied to any felony, not just the violent crimes that inspired the
movement in the first place. In the mad rush to severely punish all wrongdoers, the SNAP policy seemed
reasonable.
Only when the dust cleared some
years later did Congress realize what it had done. The SNAP program is a
crucial resource for people trying to start new lives. It not only provides
help with buying groceries in the first months out of jail or prison, it
connects people with employment and training programs. Most convicted felons
have drug and alcohol problems, but Congress had targeted the most minor of all
“offenders.” People convicted of rape
and murder could access SNAP upon release from prison, but not those caught
with half a gram of cocaine.
It was like trying to prevent cheating in public schools by permanently expelling first graders when they copied the answers from someone else’s test.
Instead of simply overturning the
policy, which is the prerogative of Congress, lawmakers simply left it up to
the states to retain or discard the lifetime ban. Nearly 41 states had
eliminated the lifetime ban by 2015, but Texas remained entrenched in its
instinctual distaste for public assistance programs. Nearly 70,000 people are
released from prison each year with a $100 check, a ten-day supply of
medication, and the clothes they wear as they exit the prison. Because of Texas’ inaction on SNAP
restoration, about 20 percent of these men and women were unable to access SNAP
assistance, making their reentry back to the community a challenge for even the
most resourceful person.
I learned this first hand. When I got out of prison, I experienced a
solid wall of rejection from employers. I turned to the SNAP program for short
term assistance during that time. The state gave me three months of emergency
food assistance. More importantly, I connected with unexpected employment
resources such as the Texas Veterans Commission and Goodwill. Because of support from the reentry
organizations I learned about thanks to the SNAP Employment and Training
Program, I found a temporary job. A
short time later, I found my dream job.
I don’t need SNAP assistance any longer.
After many attempts over several
legislative sessions to eliminate the SNAP drug felony ban, a bill by
Representative Senfronia Thompson made it out of Committee. The bill still
faced daunting opposition despite the favorable committee vote. With almost
two-thirds of the Texas House affiliated with the Republican Party, the bill
was likely to die. Instead, two conservative lawmakers offered a compromise in
the form of an amendment that would restore eligibility, but impose a two year
lock-out if the recipient violated probation or parole, and revert back to the
lifetime ban if the individual was later convicted of another felony. In this
way, Texas would become a “second-chance” state while remaining tough on drug
crime.
Within seconds of offering the
amendment, a progressive member stepped to the back microphone to be recognized
by the Speaker. “Mr. Speaker, will the gentlewoman yield for a question?” The
Texas House chamber is a massive square theater, with the audience observing
from the gallery on the floor above. Exactly 150 desks form neat rows enclosing
the Speaker’s platform, which is elevated to give authority to the presiding
officer. A lonely microphone stands in the central aisle near the back row.
Members wishing to interrogate someone
laying out proposed legislation or an amendment stand at the back microphone until
recognized by the Speaker. Members use the front microphone to defend their position
or answer questions. The strict
parliamentary procedures add a comical element to every debate. Members at the
back microphone can only ask questions, and members at the front microphone can
only answer questions or state positions. The dialogues are not so much debates
as they are clumsy dances where the leaders must follow, pulling their partners
in the direction they want to be led.
The debate ensued with the member
at the back microphone making arguments in the form of questions: “If someone
violates probation, what happens to their kids? Do we starve them? Is that what
we want to do?” The barrage of inflammatory questions forced the conservative member
to defend not only the amendment, but the SNAP program itself: “Right now,
people with drug convictions get no
SNAP benefits. This is an effort to go from the very most punitive, which is a
lifetime ban, and to give people a chance to do the right thing once they have
served their time.”
She went on to highlight the
employment and training programs attached to SNAP, arguing for increased
opportunities for people who made mistakes. She argued for second chances to
those who made mistakes. She also argued that the amendment would keep the bill
alive and help thousands of people trying to start new lives after prison. Two-thirds
of the Members voted for the amendment, and the bill passed the Texas House of
Representatives.
Despite the renewed efforts by advocates
to push the measure through both chambers of the Legislature, the bill never
received a committee hearing in the Senate. Therefore, Representative Thompson,
who authored the SNAP bill, masterfully amended the language from her bill,
including the second chance amendment, onto another bill reauthorizing the
continued existence of the very agency that administered the SNAP program. The SNAP restoration passed the House again,
and the Senate grudgingly accepted the language. The Governor signed it several
weeks later, giving the SNAP program a second chance to assist people to start new
lives after past mistakes.
On Tuesday, September 1st, people getting out of prison or serving time on probation for drug crimes will have an additional resource to help them stay off of drugs and begin productive lives.
