§ 5-601

Maryland § 5-601

• Jurisdiction: Maryland
• Article ghu: Human Services
• Title: 5

Text

(a) In this section, “resident” means an individual who resides in this State on the date the individual applies for public assistance.

(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.

(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.