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ESA SNAP Policy Manual 97 8.5 Fleeing Felons, Probation and Parole Violators and Certain Convicted Criminals People who are fleeing to avoid prosecution or custody for a crime, or an attempt to commit a crime classified as a felony (or a high misdemeanor in the state of New Jersey), are not eligible for TANF or SNAP. Individuals who violate a condition of probation or parole under a federal or state law are also not eligible for benefits. 8.5.1 Fleeing Felons For ESA to consider a person fleeing a felony, the following four conditions must be met: There must be an outstanding felony warrant for the individual by a federal, state or local law enforcement agency, and the underlying cause for the warrant must be for committing or attempting to commit a crime that is a felony under the law of the place from which the individual is fleeing or a high misdemeanor under the law of New Jersey. The individual must be aware of, or should reasonably have been able to expect, that the felony warrant has already or would be issued. The individual has taken some action to avoid being arrested or jailed. The federal, state or local law enforcement agency is actively seeking the individual. ESA determines that a federal, state or local law enforcement agency is actively seeking an individual if the law enforcement agency does one of the following: − Informs ESA that it intends to enforce an outstanding felony warrant or arrest an individual for a probation or parole violation within 20 days of submitting a request for information about the individual to the state agency − Presents ESA with a felony arrest warrant to obtain information on the location of and other information about the individual named in the warrant, and the warrant identifies one of the following National Crime Information Center Uniform Offense Classification Codes: • Escape (4901) • Flight to Avoid (prosecution, confinement, etc.) (4902) • Flight-Escape (4999) − States that it intends to enforce an outstanding felony warrant or arrest an individual for a probation or parole violation within 30 days of the date of a request from a state agency about a specific outstanding felony warrant or probation or parole violation 8.5.2 Probation and Parole Violators An individual determined to be a probation or parole violator is not considered eligible for SNAP. For an individual to be determined a probation or parole violator, an impartial party, as designated by ESA, must determine that the individual violated a condition of their probation or parole.
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