Convicted Drug Felon 400-19-45-95-10

(Revised 4/1/2013 ML #3362)

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IM 5174

 

An individual convicted of a federal or state felony which occurred after August 22, 1996, involving the possession, use, or distribution of an illegal drug (as defined in section 102(6) of the Controlled Substances Act (21 U.S.C. 802(6)) may be permanently ineligible to participate in the TANF Program. The individual will be permanently ineligible if in addition to the conviction, there is a sentence consistent with felony conviction. Action to deny or terminate TANF for the individual can be taken only if verification is obtained concerning such conviction. Only convictions overturned in a court of law may be removed.

Note: This does not apply to alcohol-related convictions.

 

If an individual is convicted of a drug related felony in a local, state, or federal court, the following information must be sent to the Economic Assistance Policy Division for review on the SFN 376 - Drug Related Felony Review form:

• Indicate TANF Program
• Eligibility Worker's Full Name and County Name
• Individual's Date of Birth
• Individual's Full Name, Including Middle Name
• Individual's Case Number
• Individual's Client ID Number
• Individual’s Gender
• Application Date
• Date Case Must be Processed
• Copies of the Criminal Complaint and Judgment or Order which substantiates the individual's drug-related felony.

 

In order to determine whether an individual's conviction is disqualifying the court documents sent to the state office must include:

1. The date of the offense(s);
2. The sentence or judgment of the court; and
3. The nature of the offense(s).

  

This information is usually contained in the Criminal Complaint and Judgment document. However, the offense date is not always listed on the Criminal Complaint and Judgment.  

 

If the Criminal Complaint and Judgment document does not contain the offense date(s), please request a copy of the “Information” or "Criminal Information" document from the arresting authority and forward it to the state office. The "Information" or "Criminal Information" document will include the offense date(s).

 

The State TANF Office will review the information to determine if the conviction disqualifies the individual from the TANF Program and notify the worker.

 

Convicted drug felons who are disqualified from receiving TANF assistance continue to have their income and assets considered when determining eligibility for remaining household member(s). Disqualified individuals are permitted applicable income disregards (i.e., standard employment expense allowance, employment incentive disregard and work-related child/adult dependent care). Individuals participating in the JOBS program are eligible for Supportive Services.

 

Individuals who have been disqualified from TANF due to a drug related felony may regain eligibility. Upon completion of the review by the state, eligibility workers will receive a formal notification indicating if the individual is disqualified. This notification will include wording indicating whether the disqualification can be reduced to a misdemeanor. It is NOT up to the eligibility worker to monitor if an individual can regain eligibility. However, all drug related felony convictions should be reviewed at application and review.

 

If an individual reports, or it is discovered, that a felony has been reduced to a misdemeanor, the eligibility worker must complete the SFN 376 with the required information and resubmit the Criminal Complaint and judgement documents to the Economic Assistance Policy Division.

 

The earliest date an individual may regain eligibility is the benefit month following the month the client reports or the change is discovered. If the client regains eligibility, the eligibility worker will receive notification from the State office indicating the month for which the client has regained eligibility.

Note: The eligibility worker will need to uncheck the 'Felony Drug Conviction: Offense committed after 8-22-96' checkbox on the Felony Information Window in the Benefit Month equal to the month indicated on the notice from State Office.