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West Virginia Income Maintenance Manual Chapter 3

West Virginia Income Maintenance Manual Page 8 Chapter 3 Eligibility Determination Groups

That resulted in a conviction or agreement which results in a court finding, rather than a conviction or a signed disqualification agreement

Period of ineligibility: Permanent exclusion. ➢ Convicted After 9/22/96 of Trafficking in SNAP Benefits Involving $500 or More Period of ineligibility: Permanent exclusion. ➢ Convicted of a Felony Offense That Occurred After 8/22/96 Involving a Controlled Substance The offense involved one of the following elements due to the possession, use or distribution of a controlled substance as defined by Section 802 (6) of the Controlled Substance Act: • Misuse of SNAP benefits • Loss of life • The causing of physical injury This does not include convictions which have since been expunged or reduced to lesser convictions as part of a criminal offense reduction program. House Bill 2459 was passed by the West Virginia Legislature on February 20, 2019. This law requires that individuals with drug felonies, that do not include any of the three elements listed above be eligible for SNAP benefits. This law is effective 90 days from passage. In order for a convicted drug felon to be eligible for SNAP benefits in May 2019, the application must be received on or after May 21, 2019. Period of ineligibility: Permanent exclusion There is no period of ineligibility for a drug felony conviction, that does not result in misuse of SNAP benefits, loss of life or the causing of physical injury. ➢ Conviction of Certain Felonies when Individuals are out of Compliance with the Terms of their Sentence for Conduct Occurring after February 7, 2014 Effective June 14, 2019, individuals who are convicted of any of the following offenses and are not in compliance with the terms of their sentence are ineligible for SNAP.

• Section 2241 of Title 18, United States Code – Aggravated Sexual Abuse