319.01 Probation or Parole Violators (FSM)

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An individual who is violating a condition of probation or parole imposed under a Federal or State law is not eligible for SNAP benefits and is considered an ineligible household member.

To be considered a probation or parole violator, an impartial party must determine that the individual violated a condition of their probation or parole and that Federal, State, or local law enforcement authorities are actively seeking the individual to enforce the conditions of the probation or parole.

Authorities are considered to be actively seeking the individual if:

·         A Federal, State, or local law enforcement agency informs the Department that it intends to arrest the individual within 20 days of submitting a request for information about the individual to the Department; 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 the Department about a specific probation or parole violation.

The law enforcement agency is given 20 days to respond and indicate if they intend to actively pursue the individual.

·         If the law enforcement agency does not indicate that it intends to arrest the individual within 30 days of the request for information, the individual will not be considered a probation or parole violator. This must be clearly documented in case comments.

·         If the law enforcement agency indicates that it does intend to arrest the individual within 30 days, postpone any action on the case until the 30-day period is over.

§  Once the 30-day period is over, verify with the law enforcement agency if they have attempted to arrest the individual. If they have, the individual is ineligible for SNAP. If they have not, do not consider the individual to be a probation or parole violator.

Continue to process the application while awaiting verification of probation/parole violator status. If action must be taken on the case in order to meet processing timeframes, prior to determining probation/parole violator status, process the application without consideration of potential probation or parole violation.

References: He-W 734.02(b); 7 CFR 273.11(n); 7 USC 2015(k)