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N.J.A.C. 10:90-18.6 This file includes all Regulations adopted and published through the New Jersey Register, Vol. 56 No. 24, December 16, 2024
NJ - New Jersey Administrative Code > TITLE 10. HUMAN SERVICES > CHAPTER 90. WORK FIRST NEW JERSEY PROGRAM > SUBCHAPTER 18. SUBSTANCE ABUSE
§ 10:90-18.6 Eligibility rules for convicted drug felons
(a) The following convicted drug felons may establish eligibility for WFNJ TANF/GA cash assistance benefits and/or NJ SNAP program benefits: 1. A person convicted on or after August 22, 1996 under Federal or State law of any offense which occurred on or after August 22, 1996 which is classified as a felony, high misdemeanor or crime, under the laws of the jurisdiction involved and which has as an element the possession, or use of, a controlled substance as defined in section 102(6) of the Federal "Controlled Substances Act" (21 U.S.C. § 802(6)). i. Under the laws of the State of New Jersey, a crime is defined at N.J.S.A. 2C:1- 4(a) as "an indictable offense ... for which a sentence of imprisonment in excess of 6 months is authorized." ii. A person convicted in accordance with (a)1 above of possession or use of a controlled substance may be eligible for WFNJ TANF/GA cash assistance and/or NJ SNAP program benefits, if the person enrolls in and actively participates in or completes a DHS' licensed or approved RSATP at the conclusion of which the person is certified drug free by an authorized program representative or the person is able to establish good cause in accordance with N.J.A.C. 10:90-18.6(c). (1) Eligibility for WFNJ TANF/GA cash assistance and/or NJ SNAP program benefits shall commence upon the person's enrollment in a DHS' licensed or approved RSATP. (2) Eligibility for WFNJ TANF/GA cash assistance and/or NJ SNAP program benefits may continue after the person has completed a DHS' licensed or approved RSATP provided that: (A) During the first 60 days after completion of a RSATP or at the time of application or case redetermination, it must be determined, via testing by an entity designated by DFD, that the person is free of any non-prescribed controlled substance. If the person is determined not to be free of any controlled substance during, or at the conclusion of, the 60 day period, the person's eligibility for benefits shall be terminated immediately.