Bill proposes penalties for drug users

Wisconsin Works welfare beneficiaries may face higher penalties for positive drug tests if Wisconsin Assembly Bill 172 is passed.

The bill proposes a raise in penalties to a minimum of 25 percent of W-2 benefits, with a maximum penalty of 50 percent.

According to Assembly Bill 172, the current law states anyone in a community service job or transitional placement convicted of possession, use or distribution of a controlled substance after Aug. 22, 1996, must take a drug test before receiving benefits. If the results are positive, the person's benefits are reduced up to 15 percent for at least 12 months.

Under the new bill, beneficiaries would be eligible for full benefits again if, after 12 months, they take another drug test and the results are negative.

The proposed bill also states dependent children of those tested positive for drugs will receive the penalized money through a protective payment.

"In essence, they're saying they won't give the money directly to the mother," said Karen Jick, lecturer at UW-Green Bay and licensed clinical social worker.  "They will give the money to someone else to pay rent or bills. The children wouldn't be deprived of that income. They don't want the children to be homeless or put into foster care because it's financially and emotionally costly for everyone."

According to the Wisconsin Department of Children and Families, 27 W-2 recipients were penalized under the current law since September 1999.

Assembly Bill 172 was introduced June 8, 2011, by 16 representatives, including Jim Steineke, R-Kaukauna.

"To receive public assistance and then turn around to use taxpayer money and buy drugs is an affront to every hard-working citizen out there," Steineke said in a statement.

According to Jick, the W-2 program has a tiered system of benefits for those eligible for public support because of poverty.

W-2 first looks for other sources of income for individuals and helps them find jobs to divert those who don't need the program, Jick said.

"The system now tries to keep people off public assistance," Jick said. "If they have to be on it, there is a time limit."

Wisconsin's assembly bill wouldn't require everyone on welfare to be tested for drugs, although many other states have passed laws mandating all welfare recipients must submit to drug tests, which they must pay for themselves.

"If you don't have any money, then you don't have any money to pay for a drug test," Jick said. "The concern is it's just a way to get people to not even apply for public assistance."

Jick said Wisconsin's legislation doesn't mention who is going to pay for the drug testing, but it would be very expensive.

"The only thing we've done is add an extra cost of having someone be the payee," Jick said. "Whether it's a relative or a paid, public employee, there's still an administrative process that's going to cost money."

The impact of the bill extends past finance. Jick said treatment services should be provided for those who test positive, but nothing has been said about this issue.

"Isn't the ultimate goal to help people to accept some sort of support?" Jick said. "We need to have treatment services available, and there aren't enough in this state. Every community is lacking, especially in some rural areas."

Sabrina Gentile, Wisconsin Council on Children and Families representative, said WCCF has not taken a position on Assembly Bill 172.

Sara Buschman, communication director for the Wisconsin Department of Children and Families, said the department hasn't commented publicly on the bill either.

"The question really becomes are we picking on a certain percentage of the population that isn't able to be gainfully employed?" Jick said.

Thirty-six states have adopted or are considering laws similar to Assembly Bill 172 in Wisconsin, and legislators believe 2012 will be a year in which the trend will spread to all 50 states.

The bill in Wisconsin, which was introduced in August 2011, has yet to see further action as of Jan. 23.