10:87-11.8 Deferred adjudication

(a) Individuals accused of an IPV which are referred to a court of appropriate jurisdiction but for which no determination of guilt is obtained due to the accused individual having met the terms of a court order or which were not prosecuted due to the accused individual having met the terms of an agreement with the prosecutor, shall be allowed to sign a disqualification consent agreement. The CSSA shall make arrangements with the county prosecutors to provide advance written notification to the household member of the consequences of consenting to disqualification as a result of deferred adjudication and to include the disqualification consent agreement in agreements between the prosecutors and the accused individuals or in the court orders. (b) The advance notice and agreement shall include, at a minimum, the following: 1. A statement for the accused individual to sign that the accused individual understands the consequences of consenting to disqualification, along with a statement that the head of household must also sign the consent agreement if the accused individual is not the head of household, with an appropriately designated signature block; 2. A statement that consenting to disqualification shall result in disqualification and a reduction in benefits for the period of disqualification, even though the accused individual was not found guilty of civil or criminal misrepresentation or fraud; 3. A warning that the disqualification penalties for intentional program violation under the NJ SNAP program which could be imposed are a 12-month disqualification for the first violation, 24-month disqualification for the second violation, and permanent disqualification for the third violation, and a statement of which penalty will be imposed as a result of the accused individual having consented to disqualification; and 4. A statement of the fact that the remaining household members, if any, shall be held responsible for repayment of the resulting claim, unless the accused individual has already repaid the claim as a result of meeting the terms of the agreement with the prosecutor or the court order. (c) If the individual suspected of an IPV signs the disqualification consent agreement, he or she shall be disqualified in accordance with the disqualification periods specified at N.J.A.C. 10:87-11.2, unless contrary to the court order. The period of disqualification shall begin within 45 days of the date the household member signed the disqualification consent agreement. However, if the court imposes a disqualification period or specifies a date for initiating the disqualification period, the CSSA shall disqualify the household member in accordance with the court order. 1. Once a disqualified penalty has been imposed against a currently participating household member, the period of disqualification shall continue uninterrupted until completed regardless of the eligibility of the disqualified member's household. However, the disqualified member's household shall continue to be responsible for repayment of the overissuance which resulted from the disqualified member's IPV, regardless of its eligibility for program benefits. (d) If the household member suspected of an IPV signs the disqualification consent agreement, the CSSA shall provide written notice to the household member. The notice shall be provided prior to the disqualification, whenever possible. The notice shall inform the household member of the disqualification and the date the disqualification shall take effect. The CSSA shall also provide written notice to the remaining household members, if any, of the allotment they will receive during the period of disqualification or that they must reapply because the certification period has expired. In addition, the CSSA shall provide the written demand letter for restitution. History HISTORY: As amended, R.1983 d.224, effective May 31, 1983. See: 15 N.J.R. 633(a), 15 N.J.R. 1034(a). Originally adopted as an Emergency Rule, R.1983 d.117, effective March 31, 1983, operative April 1, 1983. The amendments are pursuant to the Food Stamp Act Amendments of 1982 (P.L. 97-253) and the Omnibus Budget Reconciliation Act of 1981 (P.L. 97-35). References to "fraud" deleted and replaced by "intentional program violation". Amended by R.1989 d.121, effective February 21, 1989. See: 20 N.J.R. 2689(a), 21 N.J.R. 511(b). Recodified from 11.4. Repeal and New Rule, R.2004 d.181, effective May 17, 2004. See: 36 N.J.R. 28(a), 36 N.J.R. 2425(a). Section was "Participation while awaiting a hearing". Administrative change. See: 44 N.J.R. 1529(a).