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2007 Laws of Maryland
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Ch.3
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Defined term: "Person" § 1-101
SUBTITLE 6. MISCELLANEOUS PROVISIONS.
5-601. ASSISTANCE TO RESIDENT CONVICTED OF CONTROLLED DANGEROUS
SUBSTANCE FELONY.
(A) "RESIDENT" DEFINED.
IN THIS SECTION, "RESIDENT" MEANS AN INDIVIDUAL WHO RESIDES IN THIS
STATE ON THE DATE THE INDIVIDUAL APPLIES FOR PUBLIC ASSISTANCE.
(B) FEDERAL LAW NOT APPLICABLE.
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) EFFECT OF CONTROLLED DANGEROUS SUBSTANCE CONVICTION.
(1) NOTWITHSTANDING SUBSECTION (B) OF THIS SECTION, IF A
RESIDENT APPLYING FOR TEMPORARY CASH ASSISTANCE OR FOOD STAMPS HAS
BEEN CONVICTED OF A FELONY INVOLVING THE POSSESSION, USE, OR
DISTRIBUTION OF A CONTROLLED DANGEROUS SUBSTANCE AFTER AUGUST 22, 1996,
THE RESIDENT IS 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 DATE OF APPLICATION, TO THE EXTENT
AUTHORIZED UNDER FEDERAL LAW.
(2) NOTWITHSTANDING SUBSECTION (B) OF THIS SECTION, IF A
RESIDENT RECEIVING TEMPORARY CASH ASSISTANCE OR FOOD STAMPS IS FOUND
TO BE IN VIOLATION OF §§ 5-602 THROUGH 5-609, § 5-612, OR § 5-613 OF THE
CRIMINAL LAW ARTICLE, OR 21 U.S.C. § 841, 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.
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