MEMORANDUM

DISCUSSION:

The purpose of this memorandum is to notify staff of policy update to Disqualified for Drug Felony Conviction, to move the exception to the disqualification to Food Stamp Manual section 1105.015.10.35.05.

This section and the Exception Determination Worksheet have also been updated to include information on individuals who have plead guilty or no contest to, or has been found guilty of two subsequent felony drug offenses after the date of the first felony conviction which was omitted in error from Income Maintenance memorandum IM-77 Exceptions to Felony Drug Conviction Disqualification for the Food Stamp Program dated December 31, 2014.

Effective immediately, individuals who have plead guilty or nolo contendere (no contest) to, or who have been found guilty of two subsequent felony offenses involving possession or use of a controlled substance after the date of the first controlled substance felony conviction are not eligible for the exception to the disqualification. This requirement, that the individual must not have two subsequent felony convictions, is in addition to the requirement that the individual has not pled guilty or no contest to, or has not been found guilty of an additional controlled substance misdemeanor or felony offense within one year of release from custody, or within one year after the date of conviction if the individual was not committed to custody.

Also, effective immediately is a revision to the verification policy. The policy had stated:

• If the individual has not had a misdemeanor or felony drug conviction, guilty plea, or plea of nolo contendere in the three years prior to the date of application or date of request to add a person to a Food Stamp case they must:…

  and

• If the individual has a misdemeanor or felony drug conviction, guilty plea, or plea of nolo contendere less than three years prior to the date of application or date of request to add a person to a Food Stamp case, they must:…

It has been changed to:

• If the individual has not been in custody for, or has not been found guilty, or pleaded guilty or no contest for, a controlled substance misdemeanor or felony offense in the three years prior to the date of application or date of request to add a person to a Food Stamp case they must:…

  and

• If the individual has been in custody for, or has a misdemeanor or felony conviction,  guilty plea, or plea of no contest for, a controlled substance offense less than three years prior to the date of application or date of request to add a person to a Food Stamp case, they must:…

A copy of the Conviction Exception Determination Worksheet can be found in the online Income Maintenance Forms Manual.

NECESSARY ACTION:

• Review this memorandum with appropriate staff.

ATTACHMENTS:

• Exception Determination Worksheet Food Stamp Felony Drug Conviction Disqualification

AC/cs