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West Virginia Income Maintenance Manual Chapter 3

West Virginia Income Maintenance Manual Page 7 Chapter 3 Eligibility Determination Groups

• Federal, state, or local Law enforcement authorities are actively seeking the individual to enforce the conditions of the probation or parole. In order for the law enforcement authorities to be considered actively seeking the individual to enforce the conditions of the probation or parole, one of the following three criteria must be met: 1. A federal, state, or local law enforcement agency submits a request for information from the Department of Human Services (DOHS) and informs the DOHS that it intends to arrest an individual for a probation or parole violation within 20 days of the date that the law enforcement agency submitted its request. 2. A federal, state, or local law enforcement agency presents a felony arrest warrant that conforms to one of the following National Crime Information Center Uniform Offense Classification Codes to obtain information on the client: Escape (4901), Flight to Avoid (prosecution, confinement, etc.) (4902), and Flight-Escape (4999). 3. The DOHS requests information regarding whether or not an individual is a probation or parole violator from a federal, State, or local law enforcement agency, and that agency states that it intends to arrest the individual for a probation or parole violation within 30 days of the date that the DOHS requested the information. The Worker must give the law enforcement agency 20 days to respond to the request. If the law enforcement agency does not respond timely, the client is not considered to be a probation or parole violator until a response is received from the law enforcement agency. If the law enforcement agency states that it does not intend to arrest the individual within 30 days of the date of the DOHS’s request, then the client is not considered to be a probation or parole violator. If the law enforcement agency does intend to arrest the client within 30 days, then the Worker will follow up with the law enforcement agency after the 30-day period has expired. If, at that time, the law enforcement agency states that they did attempt to arrest the individual, then the Worker will take appropriate action to deny, decrease, or close the SNAP benefits at that time. If the law enforcement agency, after the 30-day period has expired, has not taken action to arrest the client, then the client is not considered to be a probation or parole violator. The Worker must enter case comments to document that the client had not been arrested. The Worker must act on the case timely while awaiting verification of whether a client is a probation or parole violator. If the verification is not received within the processing time frames, the client must not be considered a probation or parole violator. If verification is later received that the individual is a probation or parole violator, then appropriate action would be taken to update the case. Period of ineligibility: Ineligible while identified in this category. ➢ Trafficking in SNAP Benefits Prior to 9/22/96, for an Amount Less Than $500