IM-97 07/27/99 FS DISQUALIFICATION FOR A FELONY DRUG CONVICTION
|FOOD STAMP DISQUALIFICATION FOR A FELONY
FOOD STAMP MANUAL REVISION #18:
|We are changing our food stamp policy
on disqualifying an individual who is given a suspended imposition of sentence
for a felony drug offense. Effective immediately, an individual who
receives a suspended imposition of sentence (SIS) for a drug-related offense
can receive food stamp benefits if otherwise eligible.
Previously, we considered a SIS a conviction until the record was erased or purged. We recently received the decision that a SIS is NOT a conviction.
Households with a member who was disqualified due to a SIS for a drug-related offense can now receive benefits for that member. Remove the disqualification at the next recertification or interim contact, whichever is earlier. Give restored benefits for this member back to 6/01/99.
Attached is a hard copy of the revised Food Stamp Manual Section 1105.010.45.
Disqualified for FELONY DRUG CONVICTION
IM-#97 July 27, 1999
An individual is ineligible to participate in the Food Stamp Program if the individual is convicted in a Federal or State court of a felony committed after August 22, 1996 related to illegal possession, use, or distribution of a controlled substance. Drug related offenses committed or convictions on or before August 22, 1996 do not affect eligibility for assistance.
NOTE: A suspended imposition of
sentence is not a conviction.
Disqualified for PROBATION/PAROLE VIOLATION
An individual is ineligible to participate
in the Food Stamp Program if violating a condition of probation or parole
imposed under a Federal or State Law.
Disqualified for TRAFFICKING FOOD STAMPS
An individual is permanently ineligible
to participate in the Food Stamp Program if convicted in a Federal or State
court of trafficking in Food Stamp benefits of $500 or more. Ineligibility
begins with the date of conviction.
A household may be composed of any of the following individuals or groups of individuals (including the homeless person(s), provided that they are not residents of an institution, except those institutions authorized to participate in the program, or residents of a commercial boarding house).
1. An individual who:
a. lives alone and purchases and prepares food for home consumption;