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If the individual is not in compliance with supervision, or becomes non-compliant while in receipt of SNAP, they will be ineligible for SNAP unless and until compliance has been verified. If the individual is found to be non-compliant and then reports compliance again, compliance will need to be verified via the supervising agency.
Applicants or recipients of TANF who have been convicted of a federal or state felony which has as an element of the offense the possession, use, or distribution of a controlled substance and the date of the criminal act has been since 8/22/96 will be subject to an ineligibility period of 10 years.
A felony conviction for possession of a precursor (I.C. 35-48-4-14.5) is a felony drug conviction for SNAP and TANF.
At every application point, including redeterminations, individuals applying for assistance are to be asked if anyone in the assistance group has been convicted of a drug felony. The Indiana Department of Correction website “offender locator” page and Odyssey Case Management system accessible from IN.gov are two sources of verification for state level offenses and date the offense was committed. If the conviction was from another state or under a local or federal jurisdiction, the applicant/recipient will be required to provide verification of the nature and date of the offense.
Excluded offenses: • Felony convictions for drug offenses that include the characteristic of “conspiracy” (i.e., Conspiracy/Dealing Cocaine) and felony convictions for Possession of Paraphernalia (I.C. 35-48-4-8.3) do not qualify as drug offenses for the purposes of determining eligibility for SNAP or TANF.
Included offenses: • It is not required that the “possession; use or distribution” be included in the title of the offense to make it a drug offense, rather, possession, use or distribution must be an element of the offense. Most offenses are readily identifiable (i.e., “Possession of Cocaine”), while others are not as obvious. • Maintaining a Common Nuisance (I.C. 35-48-4-13) and Controlled Substance Registration (I.C. 35-48-4-14) are included as drug felonies.
All questions regarding whether an offense should be considered as a drug offense should be forwarded to the policy help desk for clarification.
SNAP benefits will be determined by not including this member in the household, but their income, expenses and resources will be considered to be income, expenses, and resources of the household.
For TANF the convicted individual is not a recipient and is not included in the TANF assistance group size, although their income will be included in the benefit calculation. 3210.25.25 FELONY DRUG CONVICTION CHANGE REPORT (S)