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§ 5-601. Residents convicted of controlled dangerous substance felonies

West's Annotated Code of MarylandHuman ServicesEffective: October 1, 2017

West's Annotated Code of Maryland
Human Services (Refs & Annos)
Title 5. Public Assistance (Refs & Annos)
Subtitle 6. Miscellaneous Provisions (Refs & Annos)
Effective: October 1, 2017
MD Code, Human Services, § 5-601
§ 5-601. Residents convicted of controlled dangerous substance felonies
Currentness
“Resident” defined
(a) In this section, “resident” means an individual who resides in this State on the date the individual applies for public assistance.
Federal law not applicable
(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.
Effect of controlled dangerous substance conviction
(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.

Credits

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.
MD Code, Human Services, § 5-601, MD HUMAN SERV § 5-601
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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