AN ACT to allow the state to fully opt out of the prohibition on food and nutrition services and temporary assistance for needy families (tanf) benefits for individuals convicted of felonies ANd to lengthen the period for recertification for food and NUTRITION benefits to one year.

The General Assembly of North Carolina enacts:

SECTION 1.  G.S. 108A‑25.2 reads as rewritten:

§ 108A‑25.2.  Exemption from limitations for individuals convicted of certain drug‑related felonies.

Individuals convicted of Class H or I controlled substance felony offenses in this State shall be An individual who is otherwise eligible to participate in the Work First Program and or the food and nutrition services program:program shall be exempt from the application of section 115(a) of the federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996, P.L. 104‑193, and shall not be denied assistance from either program solely because the individual has been convicted of a drug‑related felony or felonies.

(1)        Six months after release from custody if no additional controlled substance felony offense is committed during that period and successful completion of or continuous active participation in a required substance abuse treatment program determined appropriate by the area mental health authority; or

(2)        If not committed to custody, six months after the date of conviction if no additional controlled substance felony offense is committed during that period and successful completion of or continuous active participation in a required substance abuse treatment program determined appropriate by the area mental health authority.

A county department of social services shall require individuals who are eligible for Work First Program assistance and electronic food and nutrition benefits pursuant to this section to undergo substance abuse treatment as a condition for receiving Work First Program or electronic food and nutrition benefits, if funds and programs are available and to the extent allowed by federal law.

SECTION 2.  The Department of Health and Human Services shall direct county departments of social services to require recertification of eligibility for Food and Nutrition Services be made every 12 months, unless otherwise required by federal law.

SECTION 3.  This act becomes effective January 1, 2026.