1105.015.00 Eligibility Unit Determination

1105.015.10.40 Disqualified for Probation/Parole Violation

IM-42 July 6, 2016; IM-140 December 30, 2004; IM-118 October 5, 1998

An individual is ineligible to participate in the Food Stamp Program if violating any condition of probation or parole (p/p) imposed under a Federal or State Law. FSD must attempt to clarify the EU’s circumstances before taking action, with or without the EU being present. FSD must process all applications within processing time frames (see 1130.005.00 Processing Time Frames) and not pend to clarify an individual’s p/p status.

Clarifying EU circumstances

It is possible that the p/p violation becomes known at times other than during the interview. FSD may contact the household for clarification. If FSD discovers there is a potential p/p violation, either from the household, law enforcement or any other means, identify if the EU member is currently in violation of the terms of p/p.

FSD staff must take all of the following steps:

  1. Contact the Federal or State Department of Corrections office as the impartial party to determine the violator status of a p/p individual (i.e. if that the individual violated a condition of his or her p/p imposed under Federal or State law);

    NOTE: Face to face contact with the impartial party is not required.

  2. Determine if law enforcement is actively seeking this individual for the p/p violation;
    • P/P violators or those being actively sought by a law enforcement agency are ineligible for Food Stamp benefits.  Someone is actively sought if:
      • A Federal, State, or local law enforcement agency informs FSD that it intends to arrest an individual for a probation or parole violation within 20 days of submitting a request for information about the individual to the State; or
      • A Federal, State, or local law enforcement agency presents a felony arrest warrant as provided in 273.11(n)(1)(ii); or
      • A Federal, State, or local law enforcement agency states that it intends to arrest an individual for a probation or parole violation within 30 days of the date of a request from FSD about a specific outstanding probation or parole violation. NOTE: Law enforcement is not required to act within these timeframes.  These are established by our funder in order to define individuals being actively sought.
    • FSD will work with law enforcement per Federal Regulations:
      • Law enforcement must furnish FSD with the name of the household member being sought.
      • FSD will only provide information to legitimate law enforcement officers who approach FSD. Information about potential p/p violators must not be released to individuals reporting possible violations by recipients or applicants, such as bounty hunters.
      • Response time:
        • If the law enforcement agency indicates that it does intend to arrest the individual for the probation or parole violation within 30 days of the date of FSD’s request for information, FSD will postpone taking any action on the case until the 30-day period has expired. Once the 30-day period has expired, FSD shall verify with the law enforcement agency whether it has attempted to arrest the probation or parole violator. If it has, FSD shall take appropriate action to deny an applicant or terminate a participant who has been determined to be a probation or parole violator.
        • If the law enforcement agency has not taken any action within 30 days, FSD agency shall not consider the individual a probation or parole violator, shall document the case file accordingly, and take no further action.
        • If the law enforcement agency does not indicate that it intends to arrest the individual for the probation or parole violation within 30 days of the date of FSD’s request for information about the warrant, FSD shall determine that the individual is not a probation or parole violator and document the household’s case file accordingly.
  3. Update FAMIS with all actions taken and information gathered;
    • Document #1 and #2 in EUMEMROL; and
    • Update applicable screens in FAMIS.  FMMN and FMAM must be updated if applicable:
      • Do not enter any information on the Declaration Detail screen (FMMN) unless the violation of p/p is currently active.
      • Do not enter any information on the Sanction/Disqualification (FMAM) screen unless a disqualification is required. Use code FFP to enter disqualifications in FMAM.
  4. If it is determined the individual is a p/p violator enter a disqualification;
    • An EU member that is currently violating the terms and conditions of p/p or is being actively sought by law enforcement shall have a disqualification entered.
      • NOTE: The begin date for the disqualification is the first month the individual can be removed or disqualified following adverse action procedures (if an active case) or the first month of certification (for applications).
    • Refer to the Entering a Sanction or Disqualification user guide for instructions as needed.
  5. If this is a one person household, the case will close.  Otherwise, determine the eligibility and benefit level of any remaining household members, apart from the p/p violator
    • The income and resources of the p/p violator shall continue to count in their entirety, and the entire household’s allowable earned income, standard, medical, dependent care, child support, and excess shelter deductions shall continue to apply to the remaining household members.
    • The ineligible member shall not be included when determining the household’s size for the purposes of:
      • Assigning a benefit level to the household; or
      • Assigning a standard deduction to the household; or
      • Comparing the household’s monthly income with the income eligibility standards; or
      • Comparing the household’s resources with the resource eligibility limits.  The EU’s allotment should not increase as a result of the exclusion of one or more household members.
  6. Establish a claim.
    • Process a claim following current claim policy (1142.010.00 Claims Process) for any time the EU member was in violation of p/p and receiving Food Stamp benefits.
      • NOTE: The impartial third party determines the time period for which the individual was in violation of his/her probation or parole.  Therefore, the date of the determination of probation or parole violator status would be the date from which any claims calculation would be made.

Once the individual is not meeting the appropriate criteria, s/he may be certified.  A new determination of the p/p violator status would need to be made each time the individual applies.