M E M O R A N D U M

IM-97  07/27/99  FS DISQUALIFICATION FOR A FELONY DRUG CONVICTION


SUBJECT:
FOOD STAMP DISQUALIFICATION FOR A FELONY DRUG CONVICTION

FOOD STAMP MANUAL REVISION #18:
Section 1105.010.45, page 1105-7a
 
DISCUSSION:
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.
 
NECESSARY ACTION:
  • Ensure that staff are aware of this change in policy.

    •  
  • Immediately stop disqualifying individuals who are given a suspended imposition of sentence for a drug-related offense.

    •  
  • Remove the disqualification for an individual who was previously disqualified for this reason at the next recertification or next contact, whichever is earlier.  Give restored benefits for this member back to 6/01/99.

    •  
  • File the revised manual page in the hard copy of the Food Stamp Manual.
BH
Distribution 3
[ Memorandum Table of Contents ]

 
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.
 

1105.010.50      Disqualified for PROBATION/PAROLE VIOLATION
IM-#118  October 5, 1998

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.
 

1105.010.55      Disqualified for TRAFFICKING FOOD STAMPS
IM-#118  October 5, 1998

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.
 

1105.015.00    HOUSEHOLD DETERMINATION
IM-#107    September 14, 1998

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;

  b. lives with others but customarily purchases food and 


      1105-7a