(1) Except as provided in subsection (2) of this section, a person who is otherwise eligible to receive public assistance, including food stamp benefits, may not be denied assistance because the person has been convicted of a drug-related felony.
(2) The Department of Human Services may suspend a person’s food stamp benefits if:
(a) The person has been convicted of the manufacture or delivery of a controlled substance under ORS 475.840 (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 food stamp benefits.
(3) When making a recommendation to the department regarding the continuation or suspension of a person’s food stamp benefits, a supervising authority shall consider, at a minimum, whether there is reason to believe:
(a) That the person traded the person’s food stamp benefits 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 food stamp benefits for which the member is eligible.
(4) The department shall reinstate the food stamp benefits 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 food stamp benefits, the supervising authority shall consider, at a minimum, the following:
(a) Whether members of the person’s household are also receiving food stamp benefits; and
(b) Whether the person is enrolled in and successfully participating in a rehabilitation program. [1997 c.581 §46; 2005 c.706 §22]
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