Prohibition against denial of assistance based on drug conviction
- • exception
(1) Except as provided in subsection (2) of this section, a person who is otherwise eligible to receive public assistance, including food stamp benefits, may not be denied assistance because the person has been convicted of a drug-related felony.
(2) The Department of Human Services may suspend a person’s food stamp benefits if:
(a) The person has been convicted of the manufacture or delivery of a controlled substance under ORS 475.840 (Prohibited acts generally) (1)(a) to (c); and
(b) The person is on probation, parole or post-prison supervision and the agency supervising the person makes a recommendation to the department, pursuant to subsection (3) of this section, that the department suspend the person’s food stamp benefits.
(3) When making a recommendation to the department regarding the continuation or suspension of a person’s food stamp benefits, a supervising authority shall consider, at a minimum, whether there is reason to believe:
(a) That the person traded the person’s food stamp benefits for controlled substances; and
(b) That, as a result of the trading, a member of the person’s household who is a dependent of the person did not receive the food stamp benefits for which the member is eligible.
(4) The department shall reinstate the food stamp benefits of a person whose benefits were suspended under subsection (2) of this section if the department receives a recommendation from the supervising authority to reinstate the benefits pursuant to subsection (5) of this section.
(5) When making a recommendation to the department regarding the reinstatement of food stamp benefits, the supervising authority shall consider, at a minimum, the following:
(a) Whether members of the person’s household are also receiving food stamp benefits; and
(b) Whether the person is enrolled in and successfully participating in a rehabilitation program. [1997 c.581 §46; 2005 c.706 §22]
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent. Currency Information