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Terms Used In Maryland Code, HUMAN SERVICES 5-601

  • Conviction: A judgement of guilt against a criminal defendant.
  • including: means includes or including by way of illustration and not by way of limitation. See
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • state: means :

    (1) a state, possession, territory, or commonwealth of the United States; or

    (2) the District of Columbia. See
(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.