Appendix A: Criminal History Desk Guide

THE CAO MUST ENSURE THAT:

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

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

VERIFICATION:

Check and verify compliance with criminal history requirements at application, redetermination or whenever the CAO receives pertinent information (e.g. 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/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/recipients of GA-related Medicaid 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/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/RECIPIENT:

Has been sentenced for a felony/misdemeanor offense and the penalty established by the court is not satisfied. Satisfied the penalty includes paying all fines, costs and/or restitution or complying with an approved payment plan for payment of fines, costs and/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 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 1st conviction.

12 months for the 2nd conviction.

Permanently for the 3rd conviction.