RELATING TO THE SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM.

SB2417

THE SENATE

S.B. NO.

2417

THIRTY-THIRD LEGISLATURE, 2026

STATE OF HAWAII

A BILL FOR AN ACT

RELATING
TO THE SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM
.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

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SECTION 1.
�
The legislature finds that food security is
an essential part of financial stability.
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To strengthen the financial security of
formerly incarcerated individuals, the United States Department of Agriculture
established a prisoner pre-release supplemental nutrition assistance program
(SNAP) administrative waiver, which allows states to process SNAP applications
and conduct eligibility interviews for individuals who are about to be released
from prison or jail.
�
The purpose of the
waiver is to reduce recidivism by strengthening food security for individuals
reentering the community after correctional confinement.
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To date, thirteen states have received a
waiver to accept pre-release SNAP applications, according to the United States
Department of Agriculture's Food and Nutrition Service.

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The
legislature further finds that federal law permanently disqualifies household
members convicted of a federal or state felony offense involving the
possession, use, or distribution of a controlled substance after August 22,
1996.
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However, federal law allows state
legislatures to opt out of the disqualification or modify the disqualification
to impose a less severe restriction.
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Hawaii
state law currently allows only individuals convicted of a felony offense
involving the possession, use, or distribution of a controlled substance who
have successfully completed or are complying with a treatment program to
receive SNAP benefits, which restricts access to basic food assistance based on
the availability of drug rehabilitation programs.
�
Twenty-eight states and the District of
Columbia have opted out of this requirement entirely and impose no SNAP
disqualification related to controlled substances offenses.

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The
legislature also finds that the department of human services is in the process
of updating its benefits eligibility solution to automate tasks that are
currently performed manually and expand the department's capacity to address
the needs of benefit program recipients.
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During the regular session of 2025, the
department indicated a preference for accounting for the upgrade timeline in
public policy changes impacting social services so that department officials
have time to plan for the implementation of changes.

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The
purpose of this Act is to:

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(1)
�
Require the department of human services to
seek a federal waiver to establish a pre-release SNAP application process for
inmates nearing release and to implement the process upon obtaining the waiver
by January 1, 2028; and

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(2)
�
Allow all individuals convicted of an offense
involving the possession, use, or distribution of a controlled substance to
apply for SNAP benefits, regardless of treatment status.

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SECTION 2.
�
Chapter 346, Hawaii Revised Statutes, is
amended by adding a new section to part II to be appropriately designated and
to read as follows:

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"
�346-
�
Supplemental
nutrition assistance program; pre
‑
release
application program.
�
(a)
�

In accordance with federal guidance, the department shall establish a
pre-release supplemental nutrition assistance program application process for
individuals who are incarcerated and scheduled for release.
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The department shall:

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(1)
�
Partner with
correctional facilities to identify eligible individuals within a specified
time frame before their release date;

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(2)
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Facilitate the
completion and submission of supplemental nutrition assistance program
applications so that benefits, if approved, are available immediately upon or
shortly after release;

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(3)
�
Provide
information, counseling, and assistance regarding supplemental nutrition
assistance program eligibility criteria to incarcerated individuals
transitioning back into the community;

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(4)
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Seek any
necessary federal waivers, approvals, or clarifications to effectuate this
section; and

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(5)
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Comply with all
applicable federal rules governing supplemental nutrition assistance program
application and eligibility processes, ensuring that no benefits are issued to
an incarcerated individual before the individual's release.

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(b)
�

The department may adopt rules pursuant to chapter 91 to effectuate the
purposes of this section.
"

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SECTION
3
.
�
Section
346-53.3, Hawaii Revised Statutes, is amended to read as follows:

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"
[
[
]�346-53.3[
]
]
�

Temporary assistance for needy families and [
food stamps
]
supplemental
nutrition assistance program
for individuals with a felony conviction [
which
]

that
has as an element the possession, use, or distribution of a
controlled substance.
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Section 115(a)
of Public Law 104-193 shall not apply in Hawaii [
to persons who are
complying with treatment or who have not refused or failed to comply with
treatment
]."

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SECTION 4.
�
This Act does not affect rights and duties
that matured, penalties that were incurred, and proceedings that were begun
before its effective date.

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SECTION 5.
�
Statutory material to be repealed is
bracketed and stricken.
�
New statutory
material is underscored.

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SECTION 6.
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This Act shall take effect upon its approval;
provided that section 2 shall take effect on January 1, 2028.

INTRODUCED BY:

_____________________________

Report Title:

DHS;
SNAP; Incarcerated Individuals; Felony Drug Offenders

Description:

By 1/1/2028,
requires the Department of Human Services, upon obtaining a federal waiver, to
establish a pre-release Supplemental Nutrition Assistance Program (SNAP)
application process for inmates nearing release.
�
Allows all individuals convicted of an
offense involving the possession, use, or distribution of a controlled
substance to apply for SNAP benefits, regardless of treatment status.

The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.