10:87-3.17 Fleeing felons and probation or parole violators

(a) Individuals are ineligible for the NJ SNAP program benefits and disqualified from participation in SNAP while they are fleeing to avoid prosecution, custody, or confinement for a felony (high misdemeanor) or attempted felony (attempted high misdemeanor), or for violating a condition of probation or parole pursuant to Federal or state law. The CSSA may only disqualify an individual from the SNAP program, and make such necessary adjustment to the household's benefits, if they are considered a fleeing felon or a probation or parole violator as defined in this section: 1. An individual is considered a fleeing felon when a Federal, state, or local law enforcement officer, acting in their official capacity, confirms that they are actively seeking the fleeing felon and presents to the CSSA an outstanding felony (high misdemeanor) arrest warrant that conforms to one of the following National Crime Information Center Uniform Offense Classification Codes: i. Escape (4901); ii. Flight to Avoid (prosecution, confinement, etc.) (4902); or iii. Flight-Escape (4999). 2. An individual is considered a probation or parole violator when an impartial party (such as, but not limited to, a court or parole board) has determined that the individual violated a condition of their probation or parole as imposed pursuant to Federal or state law and that Federal, state, or local law enforcement authorities are actively seeking the individual to enforce the conditions of their probation or parole. (b) Actively seeking, as used at (a) above, shall mean: 1. A Federal, state, or local law enforcement agency informing the CSSA that it intends to enforce an outstanding felony (high misdemeanor) warrant or to arrest an individual for a probation or parole violation within 20 days of submitting a request for information about the individual to the CSSA; or 2. A Federal, state, or local law enforcement agency informing the CSSA that it intends to enforce an outstanding felony (high misdemeanor) warrant or to arrest an individual for a probation or parole violation within 30 days of the date of a request from the CSSA about a specific outstanding felony (high misdemeanor) warrant or probation or parole violation. (c) The CSSA shall give a law enforcement agency 20 days to respond to a request for information about the conditions of a felony (high misdemeanor) warrant or a probation or parole violation and as to whether or not the law enforcement agency intends to actively pursue the individual. 1. If the law enforcement agency does not indicate it intends to enforce the felony (high misdemeanor) warrant or arrest the individual for the probation or parole violation within 30 days of the date of the CSSA's request for information about the warrant, the CSSA shall determine that the individual is not a fleeing felon or a probation or parole violator and update the case file accordingly. 2. If the law enforcement agency does intend to enforce the felony (high misdemeanor) warrant or arrest the individual for the probation or parole violation within 30 days of the CSSA's request for information, the CSSA will postpone any action on the case file until the 30-day time period has expired. 3. At the conclusion of 30 days, the CSSA shall verify with the law enforcement agency whether it has attempted to execute the felony (high misdemeanor) warrant or arrest the probation or parole violator. If the law enforcement agency has taken such action, the CSSA shall deny an applicant or terminate a participant who has been determined to be a fleeing felon or probation or parole violator. If the law enforcement agency has not taken such action, the CSSA shall not consider the individual to be a fleeing felon or probation or parole violator, shall document the case accordingly, and shall take no further action. (d) The CSSA shall continue the processing of any SNAP application while awaiting verification from a law enforcement agency that an individual is a fleeing felon or probation or parole violator. If program timeframes, including timeframes for expedited service pursuant to N.J.A.C. 10:87-2.28 through 2.30, require the CSSA to process the application before verification of fleeing felon or probation or parole violator status can be determined, the CSSA should process the application without consideration of the individual's status. 1. The existence of an outstanding felony (high misdemeanor) arrest warrant for any crime not set forth at (a)1 above shall not be sufficient to deny SNAP benefits based upon fleeing felon status, even if the individual is aware of an outstanding warrant. 2. If an individual self-declares that they are a fleeing felon or a probation or parole violator, the CSSA must verify such information from an independent source before accepting any self-declaration as true. 3. If an individual declares that a warrant has been satisfied, the individual shall be given the opportunity to submit documentation of such warrant having been satisfied. History HISTORY: New Rule, R.1998 d.498, effective October 5, 1998. See: 30 N.J.R. 1928(a), 30 N.J.R. 3669(b). Amended by R.2004 d.181, effective May 17, 2004. See: 36 N.J.R. 28(a), 36 N.J.R. 2425(a). Rewrote the section. Administrative change. See: 44 N.J.R. 1529(a). Amended by R.2025 d.110, effective September 15, 2025. See: 57 N.J.R. 522(a), 57 N.J.R. 2267(b). Section was "Felons and parole violators". Rewrote the section.