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An individual is ineligible to receive SNAP or TANF during any period in which he is fleeing to avoid prosecution, or custody or confinement after conviction, for a crime or attempt to commit a crime that is a felony under the law of the place from which the individual is fleeing or is violating a condition of federal or state probation or parole.

At every application and redetermination, the applicant must be asked if any member falls into one of these categories. If a positive response is coded, the eligibility worker must document the explanation of how verification was obtained. (See Section 3210.25.15.05). 3210.25.15.05

VERIFICATION OF FLEEING FELON STATUS

If an individual is suspected of being a fleeing felon, either by their own admission, or based on a report or request from law enforcement, the fleeing status must be verified in order to determine if client is eligible for SNAP benefits.

If a warrant exists (or is presented by law enforcement) the following four-part test must be used to determine if an individual would be considered a fleeing felon for SNAP purposes: • There must be a felony warrant for the individual.

• The individual must be aware of, or should reasonably be able to expect that, a warrant has or would have been issued. • The individual has taken some action to avoid being arrested or jailed. • A law enforcement agency is actively seeking the individual, and that they intend to try to apprehend the individual within 20 days.

All 4 conditions must exist in order to determine if the individual is a fleeing felon for SNAP purposes.

Questions about applying the four-part test should be directed to SNAP Policy Unit. 3210.25.20 FELONY DRUG CONVICTION

As of 8/22/1996, individuals convicted of a federal or state felony which has an element of the offense of possession, use, or distribution of a controlled substance are ineligible for SNAP for their lifetime, unless, as of January 1, 2020, they are in compliance with all post-conviction supervision requirements. Post-conviction supervision can include: no post-conviction supervision assigned, probation, parole, or participation in a re-entry program.

Effective January 1, 2020, individuals who have been convicted of a drug felony may be eligible for SNAP. If they are in compliance with post-conviction supervision. Compliance would include cooperation with current supervision (probation, parole, re-entry program, etc.). If no post- conviction supervision was required, or supervision has been discharged, or felony conviction has been reduced to a misdemeanor, the individual would not be excluded due to the drug felony conviction. Written attestation via state form #56751 will suffice as verification that individual is in compliance with supervision.