Other Disqualifications 430-05-77-55

(Revised 10/01/17 ML3518)

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Sale of a Controlled Substance Involving SNAP Benefits

 

An individual found by a federal, state, or local court to have used or received SNAP benefits, in a transaction involving the sale of a controlled substance is ineligible to participate in the program and the appropriate TECS code on SSDO is DF:

1. For a period of 24 months for the first violation.
2. Permanently upon the second violation.

These penalties also apply in cases of deferred adjudication by the court.

 

Sale of Firearms, Ammunition, or Explosives Involving SNAP Benefits

 

An individual found by a federal, state, or local court to have used or received SNAP benefits, in a transaction involving the sale of firearms, ammunition, or explosives is permanently ineligible to participate in the Program and the appropriate TECS code on SSDO is DF.

 

This penalty also applies in cases of deferred adjudication by the court.

 

Fleeing Felons, Parole or Probation Violators

 

An individual who is a fleeing felon, parole or probation violator is ineligible to participate in the program. The appropriate TECS code on SSDO is DF.

An individual will be considered a fleeing felon when a Federal, State, or local law enforcement officer acting in his or her official capacity presents an outstanding felony arrest warrant that conforms to one of the following National Crime Information Center Uniform Offense Classification Codes:

• Escape (4901);
• Flight to Avoid (prosecution, confinement, etc.) (4902); or
• Flight-Escape (4999).

A warrant, containing one of these codes would be presented to the County by law enforcement to obtain information on the location of and other information about the individual named in the warrant. Only information allowed by policy at 430-05-05-35 – Disclosure of Information can be released.

An individual will be considered in violation of probation or parole imposed under Federal or State law if Federal, State, or local law enforcement authorities are actively seeking the individual to enforce the conditions of the probation or parole.

Actively seeking is defined as:

• A Federal, State, or local law enforcement agency presenting a felony arrest warrant AND the County is informed they intend to enforce an outstanding felony warrant or to arrest an individual for a probation or parole violation within 20 days of submitting a request for information about the individual.
  
  
• A Federal, State, or local law enforcement agency presenting a felony arrest warrant AND the County is informed they intend to enforce an outstanding felony warrant or to arrest an individual within 30 days of the date of a request from an Eligibility Worker about a specific outstanding felony warrant or probation or parole violation.
  
  

The status of the parole or probation violator must be verified.

Warrants along with any other information received must be forwarded to the State SNAP Office. The State SNAP office will review the information to determine if the violation disqualifies the individual, enter the disqualification on the sanction screen and into the eDRS system and notify the worker. The eligibility worker will need to change the participation code to DF.

Drug Related Felony

 

With the passing of North Dakota House Bill 1041 during the 2017 Legislation Session, SNAP recipients with a felony drug conviction who apply for SNAP or have a review completed on April 21, 2017, or later are no longer disqualified from participation in SNAP.

If an individual reports and verifies their felony has been reduced to a misdemeanor prior to a SNAP review being completed, the eligibility worker must provide the client’s name and case number to the State SNAP Office and the disqualification will be ended. Clients will regain eligibility following the month of report.

If an individual is currently disqualified and completes a review, the eligibility worker must provide the client’s name and case number to the State SNAP office. The disqualification will be ended.

Trafficking Benefits

Individuals convicted by a Federal, State, or local court of trafficking benefits for an aggregate amount of $500 or more are permanently ineligible and the appropriate TECS code on SSDO is DF.  Aggregating involves the accumulation of separate dollar amounts for separate but related trafficking offenses leading up to a conviction.