SR 23-28 Dated 08/23

STATE OF NEW HAMPSHIRE

DEPARTMENT OF HEALTH & HUMAN SERVICES - Bureau of family assistance (bfa)

INTER-DEPARTMENT COMMUNICATION

SUMMARY

This Supervisory Release (SR) releases guidance on eligibility or disqualification for all programs of assistance for an individual identified as a fleeing felon, a probation or parole violator, or someone who has been convicted of certain crimes and is not in compliance with the terms of their sentence.

POLICY

BACKGROUND

Section 4008 of the Agricultural Act of 2014 (Farm Bill), effective June 14, 2019, added a new section 6(r) to the Act (7 U.S.C. 2015(r)) prohibiting any individual from receiving SNAP benefits if the individual is convicted of certain crimes and not in compliance with the terms of the sentence, is a fleeing felon, or is a parole or probation violator (as described in section 6(k) of the Act). The certain crimes in section 4008 are: (i) Aggravated sexual abuse under section 2241 of title 18, United States Code; (ii) murder under section 1111 of title 18, United States Code; (iii) sexual exploitation and other abuse of children under chapter 110 of title 18, United States Code; (iv) a Federal or State offense involving sexual assault, as defined in section 40002(a) of the Violence Against Women Act of 1994 (42 U.S.C. 13925(a)); and (v) an offense under State law determined by the Attorney General to be substantially similar to an offense in (i) through (iii) above. The change is located in 7 CFR 273.11(s).

He-W 734.02, Disqualification for Fleeing Felon and Probation or Parole Violators, was adopted by the Department in May 2023 to specify the procedure for establishing an individual as a fleeing felon or probation/parole violator for SNAP, pursuant to 7 CFR 273.11(n).

NEW HEIGHTS & NH EASY SYSTEMS PROCEDURES

The following changes have been requested in New HEIGHTS:

·       On the Additional Demographics screen, Other Demographics tab: The section titled ‘Conviction Information’ with dropdowns for Probation Violation, Fugitive Felon, and Parole Violation, will be updated to be titled ‘Criminal Offense Information’ and the dropdowns will be Probation/Parole Violator, Fleeing Felon, and Disqualified Convict.

These will be mandatory questions, unless the case is MA-only. If any of these dropdowns are answered ‘Yes’ and ‘Not Yet Verified’, the affected program(s) will pend for verification.

·       Once the changes in New HEIGHTS are complete, F1 and F3 information will be updated for the Other Demographics tab to include information on completing the screen (F1) and procedure guidance (F3).

·      The treatment of income and resources for these disqualified individuals will be updated. Currently, New HEIGHTS is prorating the income and resources of these individuals, and coding them as a Prorated Deemer. Income and resources of an individual disqualified for being a fleeing felon, probation or parole violator, or a disqualified convict are considered to be 100% available to the remaining household members; these disqualified individuals will be coded as Sanctioned Deemers and their income and resources will count in their entirety.

·    The Notice of Decision generated for a verified fleeing felon or probation/parole violator will be updated to read:              

Federal law forbids Financial Assistance to Needy Families, financial assistance from the State Supplement Program, and SNAP benefits to individuals who are fleeing to avoid prosecution or custody for a crime, or an attempt to commit a crime, that would be classified as a felony (or in the State of New Jersey, a high misdemeanor) or who are violating a condition of probation or parole under a Federal or State law.

·        A Notice of Decision will be created for a verified disqualified convict and will read:

Federal law forbids SNAP benefits to individuals who have been convicted of certain crimes and are not in compliance with the terms of their sentence.

These New HEIGHTS changes are estimated to be completed in early 2024 and New HEIGHTS will send a System Release once completed.

There have been no changes to NH EASY.

DESCRIPTION OF REVISIONS MADE TO FORMS

There are no form revisions linked to this SR. However, please refer to SR 23-27 which releases updates to BFA Form 811S, Statements of Understanding, which now includes the following statement:

I understand that if anyone in my household has been convicted, as an adult, of a crime of aggravated sexual abuse, murder, sexual exploitation and other abuse of children, a Federal or State offense involving sexual assault, or an offense under State law determined by the Attorney General to be substantially similar to such offense, after February 7, 2014, and is out of compliance with terms of the sentence, that person will be ineligible to get cash or SNAP benefits. My signature below is my sworn statement that I will notify DHHS if anyone in my household has been convicted of such crime and is out of compliance with the terms of their sentence.

Also on BFA Form 811S, the statement regarding fleeing felons and probation or parole violators has been updated to read:

I understand that in NH, if anyone in my household is fleeing to avoid prosecution of a felony crime, or is violating conditions of probation or parole, that person will be ineligible to get cash or SNAP benefits until that individual has satisfied their legal obligations with respect to the felony crime or probation or parole violations. My signature below is my sworn statement that I will notify DHHS if anyone in my household is fleeing felony prosecution or violating conditions of probation or parole.

POLICY MANUAL REVISIONS

Adult Assistance Manual Topics

Section 225.01                        Disqualified Individuals

PART 319                                FLEEING FELONS AND PROBATION OR PAROLE VIOLATORS

                                                 (previously FUGITIVE FELONS AND VIOLATORS OF PROBATION OR PAROLE)

Glossary                                   F-words

Glossary                                   P-words

Family Assistance Manual Topics

Section 211.03                        Disqualified Individuals

Section 211.11                        Who Is Not a Member

PART 319                                FLEEING FELONS AND PROBATION OR PAROLE VIOLATORS

                                                (previously FUGITIVE FELONS AND VIOLATORS OF PROBATION OR PAROLE)

Section 611.05                        Income of Disqualified Individuals

Section 713.03                        Disqualification Periods

Glossary                                  F-words

Glossary                                  P-words

Food Stamp Manual Topics

Section 211.03                        Disqualified Individuals

Section 249.03                        Who is Not Eligible for Extended Food Stamps (EFS)

PART 319                                PROBATION OR PAROLE VIOLATORS, FLEEING FELONS, AND                                                                                              CERTAIN CONVICTS

                                                (previously FUGITIVE FELONS AND VIOLATORS OF PROBATION OR PAROLE)

Section 319.01                        Probation or Parole Violators (new page)

Section 319.03                        Fleeing Felons (new page)

Section 319.05                        Certain Convicted Felons (new page)

Section 603.09                        Other Allowable Deductions: Utility Standards

Section 611.05                        Income of Disqualified and Excluded Individuals

Section 713.03                        Disqualification Periods

Glossary                                  F-words

Glossary                                  P-words

Medical Assistance Manual Topics

Section 247.01                        Disqualified Individuals

Glossary                                  F-words

Glossary                                  P-words

IMPLEMENTATION

This policy is effective upon release of this SR.

There is specific criteria that must be verified with law enforcement agencies prior to determining whether an individual is a fleeing felon, probation or parole violator, or has been convicted of the certain crimes and is out of compliance with their sentence. If a SNAP applicant or recipient indicates that they are any of these, contact the SNAP team (email bfapolicy@dhhs.nh.gov) who will then verify the necessary information with law enforcement.

If an individual indicates they may be a fleeing felon or a probation or parole violator, and is applying for FANF and/or SSP financial assistance and is not open for or applying for SNAP, please email bfapolicy@dhhs.nh.gov and include the program in the subject line. The necessary information will be verified by the program specialist

If an individual who was previously disqualified for being a fleeing felon, probation/parole violator or certain convict then reapplies for assistance, verification is required that they have satisfied their legal obligations. Follow the same procedure as above.

Until New HEIGHTS is updated to include an option for disqualified convicts and to correctly count the income and resources of disqualified individuals, refer the case to the New HEIGHTS Help Desk (once the disqualified status has been verified) to correctly deem the income and resources to the remaining household members.

CLIENT NOTIFICATION

The Notice of Decision generated for a fleeing felon or probation/parole violator has been updated and a Notice of Decision has been created for disqualified convicts, as noted above.

No further client notification is planned or needed.

TRAINING

No special training is planned or needed.

DISPOSITION

This SR may be destroyed or deleted after its contents have been noted and the revised manual topics released by this SR have been posted to the Online Manuals.

DISTRIBUTION

This SR will be distributed according to the electronic distribution list for BFA policy releases. This SR, and revised Online Manuals, will be available for agency staff in the Online Manual Library, and for public access on the Internet at https://www.dhhs.nh.gov/sr_htm/sr.htm, effective September 1, 2023.

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