46-219. Supplemental nutrition assistance program; eligibility after conviction; drug testing; rules

A. Notwithstanding section 13-3418 and if the person agrees to random drug testing, a person who is convicted after August 22, 1996 of a felony offense that has as an element of the offense the use or possession of a controlled substance as defined in 21 United States Code section 802(6) may be eligible for the supplemental nutrition assistance program if the person meets at least one of the following criterion:

1. Successfully completes a substance abuse treatment program.

2. Is currently accepted for treatment in a substance abuse treatment program but is subject to a waiting list to receive available treatment, and the person remains enrolled in the treatment program and enters the treatment program at the first available opportunity.

3. Is currently accepted for treatment in and is participating in a substance abuse treatment program.

4. Is determined by a licensed medical provider to not need substance abuse treatment.

5. If applicable, is in compliance with all terms of probation.

B. The department shall adopt rules related to drug testing pursuant to this section that include more frequent drug testing for offenses that occurred within twenty-four months of the date of application.