Oregon Statutes 411.119 – Prohibition against denial of public assistance or medical 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 supplemental nutrition assistance, or medical assistance may not be denied assistance because the person has been convicted of a drug-related felony.
Terms Used In Oregon Statutes 411.119
- Dependent: A person dependent for support upon another.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Public assistance: means the following types of assistance:
(a) Temporary assistance for needy families granted under ORS § 412. See Oregon Statutes 411.010
(2) The Department of Human Services may suspend a person’s supplemental nutrition assistance if:
(a) The person has been convicted of the manufacture or delivery of a controlled substance under ORS § 475.752 (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 supplemental nutrition assistance.
(3) When making a recommendation to the department regarding the continuation or suspension of a person’s supplemental nutrition assistance, a supervising authority shall consider, at a minimum, whether there is reason to believe:
(a) That the person traded the person’s supplemental nutrition assistance 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 supplemental nutrition assistance for which the member is eligible.
(4) The department shall reinstate the supplemental nutrition assistance 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 supplemental nutrition assistance, the supervising authority shall consider, at a minimum, the following:
(a) Whether members of the person’s household are also receiving supplemental nutrition assistance; and
(b) Whether the person is enrolled in and successfully participating in a rehabilitation program. [1997 c.581 § 46; 2005 c.706 § 22; 2009 c.599 § 18; 2013 c.688 § 38]
[Amended by 1957 c.648 § 1; 1961 c.600 § 4; 1961 c.620 § 3; 1965 c.556 § 17; 1967 c.588 § 3; 1969 c.123 § 1; 1969 c.203 § 1; 1971 c.779 § 10; 1991 c.66 § 1; 1995 c.343 § 41; 1997 c.581 § 6; 2005 c.381 § 7; renumbered 411.141 in 2009]