MISSISSIPPI LEGISLATURE

1997 Regular Session

To: Public Health and Welfare; Corrections

By: Senator(s) Smith

AN ACT TO PROVIDE THAT CERTAIN CATEGORIES OF INDIVIDUALS WHO ARE CONVICTED FELONS SHALL BE DISQUALIFIED FROM TANF, HOUSING, FOOD STAMP ASSISTANCE, MEDICAID ASSISTANCE, AND ANY OTHER TRANSFER PAYMENT ASSISTANCE PROGRAM; TO PROVIDE THAT ANY SUCH PAYMENTS WHICH ARE FOR THE BENEFIT OF THE DEPENDENT CHILD OF SUCH CONVICTED FELON SHALL BE PLACED IN A TRUST FUND ACCOUNT ADMINISTERED BY THE DEPARTMENT OF HUMAN SERVICES FOR SUCH DEPENDENT CHILD; AND FOR RELATED PURPOSES. 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. (1) From and after July 1, 1997, any individual convicted of a felony in federal or state court, or convicted of a misdemeanor for violating the Uniform Controlled Substances Law or the child abuse or child neglect statutes, or who is fleeing to avoid prosecution after conviction of a felony under the laws of the jurisdiction from which the individual flees, or who is violating a condition of probation or parole imposed under a federal or state law, shall be disqualified for, and denied benefits for Temporary Assistance for Needy Families payments, federal housing assistance payments, federal Food Stamp assistance, Medicaid assistance, and any other transfer payment assistance from the federal or state government.

(2) Notwithstanding the provisions of subsection (1), any such transfer payments otherwise payable to the convicted individual which are for the benefit of the dependent child of such individual shall be placed in a trust fund to be administered by the Department of Human Services for the benefit of such dependent child. The Department of Human Services is empowered to receive any such payments in trust and expend such transfer payments for the benefit of such dependent child or children, and shall promulgate rules and regulations necessary to expend the trust and implement this program as is in the best interest of the child or children.

SECTION 2. This act shall take effect and be in force from and after July 1, 1997.