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Chapter: 1400 Technical Requirements Program: FS 29 1410.2501 Fleeing Felon (FS) States must use a four-part test to identify fleeing felons. All four items have to be present and verified by the State agency to determine that an individual is a fleeing felon. To be a fleeing felon ineligible for a food stamp benefit the following four criteria must be met:

1. There must be a felony warrant for the individual; 2. The individual must be aware of, or should reasonably be able to expect that, a warrant has or would have been issued; 3. The individual has taken some action to avoid being arrested or jailed, and; 4. A law enforcement agency is “actively seeking” the individual.

Law enforcement is “actively seeking” the individual when it informs the Department it intends to enforce an outstanding felony warrant. 1410.2502 Probation or Parole Violator (FS) The State agency has the responsibility of verifying the status of the probation or parole violator. The violation can be a misdemeanor or a felony. To be a probation or parole violator ineligible for a food stamp benefit the following two criteria must be met:

1. The individual must have violated a condition of his or her probation or parole, and; 2. Law enforcement must be “actively seeking” the individual to enforce the conditions of the probation or parole.

Law enforcement is “actively seeking” the individual when it informs the Department it intends to enforce an outstanding misdemeanor or felony warrant for a probation or parole violation. 1410.2700 DISQUALIFICATION FOR CERTAIN CONVICTED FELONS (FS) An individual is disqualified for food stamps if:

(1) the individual is convicted as an adult, which resulted in a federal or state felony, for one of the following crimes: a. aggravated sexual abuse, b. murder, c. sexual exploitation and other related abuse of children, d. offense involving sexual assault, or e. offense under state law similar to one of the above.

(2) the individual is not in compliance with the terms of their sentence, probation, or parole; and

(3) the individual committed either of the crimes listed above, after February 7, 2014.

The individual’s statement if sufficient, unless questionable. If the individual’s statement is questionable and compliance cannot be verified by the eligibility worker, the eligibility specialist must pend the household for proof of compliance. An example of compliance includes confirmation from the Department of Correction’s Probation Office that the individual has successfully completed or is satisfactorily serving the probation or parole sentence term.