The San Joaquin County Board of Supervisors voted unanimously to pass an election law that would require recipients of federal assistance to undergo drug testing.

Measure R, also known as “Illegal Substance Dependence Screening and Treatment for County Public Assistance Recipients,” specifically targets single adults who receive their living expenses from the county Human Service Agency’s general assistance program.

Third District Supervisor Tom Patti brought the ballot proposal to the Board of Supervisors to not only encourage their continued stance in assisting individuals in accessing drug rehabilitation services, but also to ensure accountability.

“If we can do something good for that person and save lives here in San Joaquin County and use this as a tool to engage that person and gain their support to participate, then I believe it is worth supporting,” Patti said.

Benefit recipients who refuse drug tests and examinations would have to expect to lose their benefits.

“Today, the Board took action in response to overwhelming public support for reforms in addressing homelessness, drug addiction and theft in San Joaquin County,” Supervisor Miguel Villapudua said in a press release announcing the Board’s decision.

The General Assistance program provides eligible recipients with $75 on an EBT card each month for up to nearly five months, for a total maximum of $367, to pay for things like food, utilities, housing and other costs. Currently, just over 400 county residents are assisted each month through the program, costing the county $301,354 in the 2023-2024 fiscal year.

If the measure is approved by voters in November, approximately five to 10 program recipients would be affected by the change when it takes effect in January.

The district’s new Measure R is similar to similar legislation in San Francisco that allowed drug testing for welfare recipients age 65 and under without dependent children. San Francisco’s measure passed with 58% of voters in the March primary.

Genevieve Valentine, director of San Joaquin County Behavioral Health Services (BHS), which will conduct the drug testing, said during Thursday’s Board of Supervisors meeting that the county is not prepared to conduct additional drug testing in January when the law takes effect because there are not enough staff to handle the extra work.

During the Oversight Board meetings, it was not made clear how BHS plans to conduct the additional drug testing assigned to the agency under Measure M. BHS did not respond to requests for comment on the matter.

Welfare recipients who refuse to submit to a drug test lose their eligibility for benefits after 30 days. However, recipients may receive an extension of housing assistance to avoid eviction.

According to Patti, the county would most likely seek money from local, state and federal sources to help BHS conduct the additional drug testing.

“If we identify a need, we can allocate resources,” Patti Stocktonia said by phone.

The proposal uses language similar to the measure recently passed in San Francisco to ensure regional continuity with the other cities, Patti said. During last week’s meeting, supervisors expressed concern about individuals moving to the San Joaquin Valley to receive benefits they otherwise wouldn’t have received in places like San Francisco.

Valentine noted that precise details regarding the transfer of client medical data from the BHS to the HSA and participation in Measure R would need to be finalized if the ballot proposal was to pass.

To enforce the ordinance, the county must create policies that allow the release of information about individuals undergoing drug testing or participating in rehabilitation, since individuals are currently free not to disclose any information.

There was a discrepancy between the proposed ordinance and the ballot proposal that was put before SJC voters in November. The ordinance and subsequent press releases on the ballot proposal state that all adults receiving assistance will be drug tested, while the ballot proposal specifies adults age 65 and under.

Edward J. Kiernan, San Joaquin County’s legal counsel, clarified that the ordinance’s wording reflects the current limits of the General Assistance Program. “So if someone is not an adult or over the age of 65 or an adult with dependent children, the General Assistance Program does not apply to them,” Kiernan said. During the same meeting, supervisors voted unanimously in favor of California’s Proposition 36, which reclassifies fentanyl as a hard drug and increases penalties for users and dealers of the substance.

Edward Lopez is completing a summer internship at Stocktonia. He is a graduate of Columbia Universityj.

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