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Tracking Virginia’s General Assembly
since 2007.
HB365: Substance abuse screening; person become ineligible for public assistance if using illegal drugs.
Chief Patron
Del.
Bill Carrico (R-5)
Bill Carrico
(R-5)
Independence, VA
Served: 2002–
Progress
 |
Introduced |
 |
Passed Committee |
 |
Passed House |
|
Passed Senate |
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Signed by Governor |
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Became Law |
Status
02/12/2008: Failed to Pass in Committee
Summary
Substance abuse screening and assessment of public assistance applicants and recipients. Requires local departments of social services to conduct a screening of all applicants or recipients of public assistance. This bill provides that, where a screening indicates reasonable cause to believe an applicant or recipient is using illegal drugs, the applicant or recipient may be required to submit to drug testing. Where a drug test indicates that the applicant or recipient is using illegal drugs, the person shall become ineligible for public assistance. The person may reapply for public assistance once 12 months have elapsed from the date of initial ineligibility.
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Votes were cast on this bill on the following dates for which Richmond Sunlight has video: 01/22/2008, 01/22/2008, 01/24/2008, 01/24/2008, 01/25/2008, 01/29/2008, 01/29/2008, 01/31/2008 and 02/12/2008.
Photosynthesis
This bill is being tracked by Michael B., Andrea H., VPLC, spotter, Buddy B., Legal Aid Justice Center, Virginia Poverty Law Center and Troyb43 .
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Related Bills
Status: in subcommittee
Status: signed by governor
Status: signed by governor
Status: Failed to Pass in Committee
Status: Failed to Pass in Committee
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Comments
How will anyone without money of their own get substance abuse treatment if they are barred from public assistance and therefore Medicaid because of their substance abuse problem? How will this bill not cause more drug abuse than it stops? Someone who reaches out for help finally is going to be told to come back in 12 months??
Oh, there are so many quality FREE substance abuse programs, they'll have no problem getting the help they need.
This has been bandied about for some time. It fits nicely with refusing unemployment benefits. What a great package.
It's pretty clear that this is unconstitutional. Why don't we perform a substance abuse screening and assessment of all General Assembly members?
Unfortunately spotter, that's unconstitutional as well: Chandler v. Miller; 520 U.S. 305 (1997):
http://www.law.cornell.edu/supct/html/96-126.ZS.html
Substance abusers often are unable to stop using thats why its an addiction, and has been classified as a disease by the DSM. So, were going to end up punishing people for something they often can't help, how counter-productive!
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