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Inside the spotless automated kitchen at Recovery Point, a abiding biologic analysis ability in Charleston, W.Va., Tracy Jividen helps to baker three commons a day for the about 100 women she calls her sisters. This amplitude is her domain, and the irony isn’t absent on her: Aftermost winter, she was burglary so she could eat.

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At 37, Jividen has been bound up about all her action for crimes accompanying to her addiction. She was aboriginal bedevilled of a biologic abomination seven years ago, aback badge begin a meth lab in her home. She backward off drugs for added than two years afterwards she was appear from prison, completed biologic court, got one of her kids back, had addition adolescent and got married. Aback her alliance fell apart, she became depressed, and absent her job, her car and her kids. She started application heroin aback she could acquiesce it. And she wasn’t abiding area her aing meal would appear from.

“There would be times I would airing around, and I would be hungry, and I would think, ‘Man, can I aloof get a sandwich?'” Jividen said.

SNAP allowances denied

Jividen can’t get aliment stamps for herself because she’s a biologic felon in West Virginia. Increasingly desperate, she started annexation and autograph bad checks she said were for food. Then one morning aftermost November, she absolved into a Piggly Wiggly, ate a sandwich in the abundance and approved to aeroplane a check. Badge said she had bare checks that didn’t accord to her, and they answerable her with forgery.

Then, she absolved aback into jail.

“I said several times, ‘Mom, if they aloof gave me aliment stamps I would not accept to do this,'” said Jividen.

Only West Virginia and two added states — South Carolina and Mississippi — still accomplish a lifetime ban on the Supplemental Diet Abetment Program, frequently accepted as aliment stamps, for bodies who accomplish drug-related felonies. Indiana had a lifetime ban, but aloof afflicted its law to lift it, able in 2020.

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Most states accept either autonomous out of the federal ban or adopted some restrictions — for instance, in some states, biologic felons ability accept to booty a biologic analysis or complete a biologic analysis affairs to authorize for SNAP.

West Virginia’s law does acquiesce kids to get SNAP if their parents are biologic felons, and in Jividen’s case, she chose to eat some of the aliment she bought with her kids’ allowances rather than go hungry.

“I was demography from them every day, and that’s not right,” Jividen said.

Emily Wang, a Yale School of Medicine assistant who has advised those appear from bastille for added than a decade and has advised the ban’s impact, alleged such behavior “punitive.”

“When bodies accept served their time … and appear home and yet still accept these barriers, [that] is striking,” she said.

More than 2,100 biologic felons were denied SNAP allowances in West Virginia in 2016, according to the accompaniment Department of Health and Human Resources. That amount doesn’t accommodate those who didn’t administer alive they’d be denied. The cardinal has added than tripled during the accomplished decade. For some comparison, Nebraska, a accompaniment whose citizenry is agnate to West Virginia’s, denied allowances to about 675 applicants in 2015 because of biologic abomination convictions.

West Virginia’s Department of Health and Human Resources didn’t accept a breakdown by canton accessible or added contempo numbers.

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W.Va. numbers are “disturbing”

Experts alleged West Virginia’s numbers significant.

Marc Mauer, a arch able on sentencing action and administrator of the Washington, D.C.-based nonprofit, The Sentencing Project, alleged them “disturbing, abnormally in a abode like West Virginia,” because its outsize opioid problem. The account abaft the aphorism of law is chiffon too, he said, because it targets a distinct blazon of conviction.

“I could go to bastille on three armed robbery convictions, but the day I get out, I could go and administer for aliment stamps, and if I met the assets requirements I would qualify. It’s not bright why this is alone activated to biologic offenses,” he said. “It places bodies that are on the bend … a big boost over the bend in abounding cases.”

Nearly a fifth of West Virginians use SNAP benefits, and bristles of its counties rank in the top 100 civic for the absorption of food-stamp recipients per capita.

Lawmakers anesthetized a federal ban on aliment stamps for biologic felons in 1996 beneath the Clinton administration, a baby allotment of a amalgamation of above abundance ameliorate laws. Beneath the rule, abomination biologic offenders can’t get added abundance allowances either. Mauer calls the accouterment an bulge of War-on-Drugs-era behavior — but one not based on evidence.

“This accurate accouterment was befuddled in as a almost accessory provision. It accustomed actually two account of debate,” Mauer said. “When one thinks about the tens of bags of bodies in assorted states afflicted by it, two account of agitation in Congress seems appealing base for such an important action shift.”

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The federal action was advised to abuse biologic offenders and potentially avert bodies from committing such crimes, said Elizabeth Lower-Basch, an able on federal and accompaniment abundance action at CLASP, a Washington, D.C. nonprofit, who has advised the ban’s effects.

“I do anticipate best states have, over time, accustomed this isn’t accessible for the ambition of abbreviation biologic use,” she said. “Obviously, bodies who are adversity from addiction may not be cerebration about the abiding after-effects on abounding levels, and the added abuse does not assume to access behavior.”

The affair acquired some absorption in West Virginia in 2011 aback Daniel Foster, a Charleston physician who served 10 years in the accompaniment Senate, became the abandoned sponsor of a bill that would accept aerial the ban entirely. The Senate anesthetized the admeasurement 27-6, but it died in a House board afore the end of the aldermanic session.

Seven years later, Foster maintains that the law “doesn’t put West Virginia in a acceptable ablaze … It aloof seems like chastening association in this way doesn’t accommodate any absolute allowances to society.”

Difficult transition

West Virginians with felonies, drug-related or otherwise, accept a boxy time transitioning aback into association as it is. The accompaniment Legislature anesthetized a law aftermost year that allows bodies with non-violent abomination aesthetics to ask a cloister to abate them to misdemeanors — but they accept to advance a apple-pie almanac for 10 years first.

Other barriers remain: A alleged “ban the box” bill that would accept prevented accessible administration from allurement job applicants about their bent annal adjourned in board in February. And abounding felons can’t get accessible housing, although anniversary West Virginia canton apartment ascendancy has such discretion.

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Shawn Tackett remembers action beggared of a abutment arrangement aback he was appear afterwards 10 years in federal prison.

Tackett, 40, runs a sober-living home in Cross Lanes, a Charleston suburb, alleged the Rock. He’s been off drugs for bristles years, but he did two stints in lock-up, including a book for cabal to administer and accomplish meth.

“I attending at it now and anticipate of all the adulteration that I put on the streets, and the families that I destroyed, and the bodies that I hurt. And sure, I adapted it,” he said.

In prison, he said, he becoming several barter certificates, and was done with drugs and accessible to accumulate with his sons. But he said alike with those new skills, he couldn’t get assignment in those fields aback bodies saw his bent record. After a driver’s license, he said it didn’t accomplish faculty to booty a bus to a minimum-wage job. He backward with a acquaintance in the baby boondocks of St. Albans and activated for accessible assistance.

A DHHR adumbrative alleged aback with bad news: He was acceptable alone for a Medicaid card.

“First affair she said was, ‘What affectionate of charge?’ I said a biologic charge. She said, ‘There’s annihilation I could do for you,'” he recalled. “I’ve been abaft a bank for 10 years. The apple has afflicted dramatically. Aloof advice me to advice myself.”

Tackett visited aliment banks and pantries for months. Eventually, he went aback to authoritative meth and got bound up again.

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Set up to fail?

Stories like Tackett’s and Jividen’s are absolutely what action analysts anguish about. Research shows the ban disproportionately affects poor bodies and additionally sets up biologic offenders to be rearrested.

“Blocking the aforetime confined from basal diet abetment afterwards they accept served their debt to association is a anatomy of continued punishment, which leaves them added accessible to aliment crisis and may put them at accident of abiding to adulterous action to accommodated their basal needs,” Elizabeth Wolkomir wrote in March for the Center on Budget and Action Priorities.

Seth DiStefano, action beat administrator of the West Virginia Center on Budget and Policy, put it this way: “If you put bodies in a position area they accept no added best but to abatement aback to a action of abomination in adjustment to augment themselves or augment their families — if that’s the alone advantage you accord them — don’t be afraid aback that happens.”

Opting out of or modifying the action would crave a change in the law.

DHHR calm the numbers of biologic felons who requested SNAP for accompaniment Delegate Kelli Sobonya as allotment of a larger, accepted appeal she fabricated into what kinds of allowances biologic felons accept in West Virginia. She said any change in the action would crave parameters. That could accommodate application of allowances on a case-by-case base or some acting abetment to those afresh released.

“When you appear out after support, I don’t anticipate that serves anybody actual well,” Sobonya said.

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This adventure comes to us from West Virginia Accessible Broadcasting. You can accept to the audio here.

Copyright NPR 2018.

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