| TO: | ALL COUNTY OFFICES |
| FROM: | JANEL R. LUCK, DIRECTOR |
| SUBJECT: | FELONY DRUG CONVICTION |
DISCUSSION:
Due to a policy clarification from the Food and Nutrition Service (FNS), effective immediately a disqualification for felony drug conviction and any overpayment determined as a result of the disqualification does not go back to the date of the felony drug conviction.
When a felony drug conviction occurs during the certification period and is not reported during the certification period, the disqualification begins with the first month of the next certification period.
- When a felony drug conviction occurred during the certification period and is reported or discovered, normal reporting requirements are followed to establish the disqualification and claim.
EXAMPLE: Mr. Smith was certified for Food Stamp benefits in June, 2004, as a non-simplified reporting EU. He was convicted of a felony drug charge in July, 2005. He recertified timely in May, 2006. The drug conviction was not declared until the recertification in May, 2008. Disqualify Mr. Smith beginning June, 2006, and establish a claim beginning June, 2006.
EXAMPLE: Ms. Doe, a simplified reporting EU was certified for Food Stamp benefits in January, 2008. Ms. Doe was convicted of a felony drug charge in March, 2008. She comes in for a timely recertification in June, 2008, for July 2008 Food Stamp benefits, and reports the felony drug conviction. Disqualify Ms. Doe beginning July, 2008. There is no overpayment.
EXAMPLE: Mr. Jones, a simplified reporting EU was certified for Food Stamp benefits in November, 2007, through April, 2008. On February 25, 2008, Mr. Jones reports that on January 8, 2008, he was convicted of a felony drug charge. The conviction is entered on the Sanction/Disqualification (FMAM) screen in FAMIS. The first month of the disqualification is April, 2008, because it is the first month that can be affected. The disqualification follows normal reporting requirements, so no overpayment has occurred.
Refer to Entering A Sanction Or Disqualification and REGISTERING A DISCOVERY CLAIM REFERRAL AND ESTABLISHING A CLAIM. Frequently asked questions have been updated to reflect this clarification.
NECESSARY ACTION:
- Review this memorandum with appropriate staff.