Cindy Gonzalez
LINCOLN — A Bellevue state senator’s priority bill to remove a lifetime ban on public food assistance for Nebraskans convicted of drug felonies advanced Thursday to its next law-making step, despite resistance from a fellow Sarpy County lawmaker.
Currently, Nebraska has a narrow exception to the ban for people with one or two drug possession or drug use felony convictions. They can access Supplemental Nutrition Assistance Program (SNAP), previously known as food stamps, if they have completed a licensed and accredited treatment program.
Legislative Bill 319, championed by State Sen. Victor Rountree of Bellevue, would open the door for other felony drug offenders who currently can’t access SNAP benefits, as long as they’ve completed their sentence or are on parole or under post-release supervision.
A 32-5 vote moved LB 319 forward. Seven lawmakers were present and did not vote.
‘Piece of the puzzle’
The most vocal opponent was State Sen. Bob Andersen, also of Sarpy County.
“They chose to be a drug dealer, and now when they come out of prison you want to give them more money in food stamps,” said Andersen, who is serving his first term.
Rountree, also a freshman lawmaker, said his time on the Legislature’s Judiciary Committee has given him a deeper appreciation of the rehabilitation needs for those transitioning out of prison.
He and others noted that Nebraskans who kill or rape someone can get access to SNAP benefits after they’ve served their sentences. But that’s not the same for people with certain felony drug convictions.
“That doesn’t make sense to me,” said State Sen. Jana Hughes of Seward. “At what point do you get to become a citizen of the United States again and try to do better?”
Rountree said his bill is “a piece of the puzzle” needed to fortify inmate rehabilitation efforts and continues the effort led in the last legislative session by State Sen. Megan Hunt of Omaha.
About 1,000 Nebraskans would be impacted by his bill, Rountree said. It comes with no additional state cost, according to a fiscal analysis, as SNAP benefits are paid with federal funds. SNAP provides low-income people with a stipend to buy food at certain retailers and also has an employment and training component.
“Everybody has to eat,” Rountree said, adding that hunger can lead to circumstances that increase the chances of someone committing another crime.
“It’s righting a wrong. It’s righting an injustice,” said State Sen. Jane Raybould of Lincoln, a proponent.
She noted that 220 people wrote in support of the bill, versus 12 who opposed it.
Not swayed
Andersen, questioning Rountree during legislative debate, said those affected should turn to nonprofits and philanthropic groups – not the government – for help after they’ve served their time in prison.
He was not swayed by comments from State Sen. Brian Hardin of Gering, a proponent of LB 319 who said that three of the “most conservative states around us are already doing this, that would be Iowa, Wyoming and South Dakota.”
Rountree said 26 states have opted out of the SNAP ban entirely.
Hardin said that when the ban is in place, the recidivism goes up “pretty dramatically from about 3% to about 10%.” He said without the change, more people would go back to prison because of bad things they do outside of prison when they don’t have access to food.
Said Andersen: “Just cause all the other states are doing it doesn’t mean we should, too.”
Ban dates back to 1996
The ban dates back to 1996 welfare reform and the nation’s “war on drugs.” States can pass laws to opt out or modify the ban.
That is how Nebraska previously created the exception for people with lesser drug offenses. A full prohibition remains for those with a felony conviction for drug sale or distribution.
State Sen. Mike Jacobson of North Platte was a yes vote but said he was conflicted partly because the bill didn’t cut off benefits after a certain number of felony drug offenses.
Rountree said he was willing to work with Jacobson and others before the bill is debated at a later stage. He said the bill had much support during a previous public hearing. Proponents include the Lincoln police chief and the Omaha Police Officers Association.
“If our law enforcement says this is going to help us have better interactions on the streets. If it is going to cut that recidivism rate down … then my fellow senators, this is what we need to do,” said Rountree.