Appendix B: Criminal History Desk Guide

The CAO must ensure that:

Applicants are informed that criminal history may affect eligibility for Cash Assistance, SNAP, and Medical Assistance.

Appropriate forms are completed if an individual discloses a criminal history.

Verification

Check and verify compliance with criminal history requirements at application, renewal, or whenever the CAO receives pertinent information (for example, an alert from CJIS/Exchange 10).

Verify compliance through parole officers and the clerk of courts, CJIS, etc.

Procedure

Ensure that criminal history questions on the PA 600 and 600R are answered.

Review answers to criminal history questions on the PA 600 and 600R.

Require applicants and recipients of Cash Assistance to complete and sign a PA 1665, Criminal History Inquiry, if they answer “YES” to any question on the PA 600/600R.

Require applicants or recipients of GA-related Medical Assistance to complete a PA 1666 if they answered “YES” to question #1 on the PA 600 or 600R.

Determine whether a referral to a drug and alcohol treatment facility for assessment or treatment is necessary if the individual was convicted of a felony offense for conduct occurring after August 22, 1996, related to the use, possession, or distribution of a controlled substance.

Cash Assistance Policy

Ineligibility may result if an applicant or recipient:

• Has been sentenced for a felony or misdemeanor offense and the penalty established by the court is not satisfied. "Satisfied" includes paying all fines, costs, and restitution or complying with an approved payment plan for payment of fines, costs, or restitution.

• Is incarcerated.

• Is violating the terms of probation or parole.*

• Has failed to appear as a defendant at a criminal court proceeding when issued a summons or a bench warrant. This applies to summary offenses as well as felony and misdemeanors.

• Is fleeing to avoid prosecution, custody, or confinement after a felony conviction (or a high misdemeanor in New Jersey).*

• Has been convicted of fraudulently misrepresenting residence in two or more states, resulting in ineligibility for 10 years from date of conviction.*

• Has been convicted of welfare fraud. Periods of ineligibility are:

• 6 months for the first conviction.

• 12 months for the second conviction.

• Permanently for the third conviction.

SNAP policy

Ineligibility may result if an applicant or recipient:

• Is violating the terms of probation or parole.*

• Is fleeing to avoid prosecution, custody, or confinement after a felony conviction (or a high misdemeanor in New Jersey).*

• Is incarcerated.

• Has been convicted of fraudulently misrepresenting identity or residence to receive multiple SNAP benefits, resulting in ineligibility for 10 years after conviction or state agency finding.

• Has been found guilty of an intentional program violation. Periods of ineligibility are:

• 1 year for the first violation.

• 2 years for the second violation.

• Permanently for the third violation.

• Other periods as specified by a court.

Medical Assistance Policy

Ineligibility may result if an applicant or recipient is incarcerated.

For EMC, the result is general disqualification if the applicant or recipient is found guilty of committing welfare fraud during the last 6 months on welfare.

For GA-related Medical Assistance, ineligibility may result if an applicant or recipient:

• Fails to appear as a defendant at a criminal court proceeding in response to a summons or bench warrant.

• Is convicted of Medicaid fraud, resulting in ineligibility for up to one year.

NOTE:  The PA 1666 must be completed if there is a “YES” response to question 1 on the PA 600 or PA 600R.