Legal Corner: Advancing Food Justice in Reentry through FRESH Act Implementation 

by Natalie Smith, LSPC Staff Attorney

The winter holidays are filled with memories of food for many: sweet potato casserole, mac and cheese, and roasted turkey evoke nostalgia and warmth.  In California, CalFresh—also called the Supplemental Nutrition Assistance Program (SNAP) or food stamps—helps nearly 5 million people put food on the table.¹ 

Although research demonstrates that SNAP is one of the most effective anti-poverty programs for individuals and operates as an economic stimulus for the broader community,² federal lawmakers cut about 20% of the program’s budget when they passed HR 1, or the “One Big Beautiful Bill Act,” earlier this year.³ In addition to cutting funding, HR 1 tightens eligibility for the program and toughens work requirements for people classified as Able-Bodied Adults Without Dependents (ABAWDs) to receive benefits.⁴ Implementation of these federal changes has not yet begun, but the California Department of Social Services (CDSS, which administers the state’s CalFresh program) expects that nearly 400,000 Californians could lose access to vital food assistance.⁵ It is important to note that even under these new restrictions, most income-eligible people can still receive at least 3 months of food assistance every 3 years through the CalFresh program.⁶

These changes in federal law come on the heels of California’s own legislative effort to advance food access and support thriving transitions for people returning home from incarceration. In fall of 2024, California lawmakers passed SB 1254, the “Food for Re-entry and Ensuring Stable Homes” or “FRESH” Act. This bill was co-sponsored by Legal Services for Prisoners with Children (LSPC), All of Us or None (AOUON), and Justice in Aging, and supported by Nourish California, Root and Rebound, and Center for Healthy Communities at California State University – Chico.⁷ 

The FRESH Act is designed to allow people in state prison or county jail to apply for CalFresh up to 90 days prior to release so that they can start receiving food assistance as soon as they come home. Because federal regulations do not allow anyone incarcerated for more than 30 days to receive SNAP, the FRESH Act requires CDSS to seek waivers from the federal government to pre-enroll incarcerated people prior to their release and requires CDSS to partner with CDCR to enroll eligible applicants.⁸

The Thriving Transitions Coalition (including members LSPC and AOUON) is monitoring the implementation of the FRESH Act. We have learned that CDSS is now anticipating delays in rolling out the pre-enrollment process, and will write to update you as new details become available. 
In the meantime, send us a letter sharing your food story! We’d love to hear about what food justice means to you, and are interested in learning more about your access to food in the community. Have you previously used CalFresh (SNAP or food stamps), food banks, or mutual aid programs? How important are food access programs in planning your reentry? By sharing your food story, you are helping to drive our work on food justice. Thank you for sharing your story with us!

1.  https://calbudgetcenter.org/resources/calfresh-helps-millions-of-californians-put-food-on-the-table/ 
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2. https://publichealth.jhu.edu/2025/what-is-snap-and-why-does-it-matter#:~:text=In%202021%2C%20when%20the%20Thrifty,households%20above%20the%20poverty%20level.
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3. https://calbudgetcenter.org/resources/federal-funding-cuts-to-snap-calfresh-will-have-sweeping-impacts-on-californians/; https://www.cbpp.org/research/food-assistance/by-the-numbers-harmful-republican-megabill-takes-food-assistance-away-from#:~:text=August%2014%2C%202025-,By%20the%20Numbers:%20Harmful%20Republican%20Megabill%20Takes%20Food%20Assistance%20Away,and%20hunger%2C%20including%20among%20children.
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4. https://www.cdss.ca.gov/inforesources/calfresh/abawd#:~:text=What%20is%20the%20ABAWD%20Work,not%20excused%20from%20the%20rule.
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5. https://sd07.senate.ca.gov/news/395000-californians-could-lose-calfresh-coverage-federal-government-guts-snap; see also CDSS webinar at https://www.youtube.com/watch?v=cPgC0d_EqUo
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6.  https://www.cdss.ca.gov/inforesources/calfresh/abawd
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7.  https://chcchicostate.org/road-to-reentry-pt-ii-senate-bill-1254-offers-a-fresh-start/
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8.  https://calmatters.digitaldemocracy.org/bills/ca_202320240sb1254  ↩︎