Criminal history affects eligibility for Cash Assistance, SNAP benefits, and Medical Assistance.
The CAO must ensure that:
Applicants are informed that criminal history may affect eligibility for cash assistance, SNAP benefits, and Medical Assistance; and
Appropriate forms are completed if a person tells about a criminal history.
The CAO must check and verify compliance with criminal history requirements at application, at renewal, or whenever the CAO receives related information (for example, an alert from CJIS Exchange 10).
The CAO must verify compliance through parole officers and the clerk of courts, CJIS, and other sources.
Ensure that criminal history questions on the PA 600 and PA 600R are answered.
Review answers to criminal history questions on the PA 600 and PA 600R.
Require applicants and recipients of cash assistance to complete and sign a Criminal History Inquiry (PA 1665) if they answer “YES” to any question on the PA 600 or PA 600R.
Require applicants and recipients of GA-related Medical Assistance to complete a PA 1666 if they answered “YES” to question #1 on the PA 600 or PA 600R.
Determine whether a referral to a Drug and Alcohol Treatment facility for assessment or treatment is necessary if the person was convicted of a felony offense for conduct occurring after August 22, 1996, related to the use, possession, or distribution of a controlled substance.
Ineligibility may result if an applicant or recipient:
Is violating the terms of probation or parole imposed under Federal or State law and is actively being sought by Federal, State, or local law enforcement purposed with enforcing the conditions of the probation or parole.
Actively seeking refers to the following:
A Federal, State, or local law enforcement agency informs the CAO that it intends 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 to the CAO.
A Federal, State, or local law enforcement agency presents a felony arrest warrant.
A Federal, State, or local law enforcement agency states that it intends to enforce an outstanding felony warrant or to arrest an individual for a probation or parole violation within 30 days of the date of a request from the CAO about a specific outstanding felony warrant or probation or parole violation.
When requesting verification of a parole or probation violation from law enforcement, the CAO must allow 20 days for a response to the request for information/verification of an individual’s probation and parole and whether the law enforcement agency intends to actively pursue the individual. If law enforcement does not indicate that they intend to arrest the individual for a probation or parole violation within 30 days of the CAO’s original request for information, the CAO will determine the individual is not a probation or parole violator and narrate this information in the record.
NOTE: This does not apply for any month after the individual is granted a presidential pardon.
Is fleeing to avoid prosecution, custody, or confinement after a felony conviction (or high misdemeanor in New Jersey).
A "fleeing felon" is defined as an individual for whom a felony arrest warrant for escape, flight to avoid, or flight to escape has been issued.
NOTE: This provision is not applicable for any month after the person is granted a presidential pardon.
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. The following are the periods of ineligibility:
One year for the first violation
Two years for the second violation
Permanently for the third violation
Other periods as specified by a court
Ineligibility may result if an applicant or recipient:
Has been sentenced for a felony or misdemeanor offense and the penalty set by the court is not satisfied. Satisfying the penalty 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.
NOTE: This does not apply for any month after the person is granted a presidential pardon.
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 felonies and misdemeanors.
Is fleeing to avoid prosecution, custody, or confinement after a felony conviction (or high misdemeanor in New Jersey).
NOTE: This does not apply for any month after the person is granted a presidential pardon.
Has been convicted of fraudulently misrepresenting residence in two or more states, resulting in ineligibility for 10 years from the date of conviction.
NOTE: This does not apply for any month after the person is granted a presidential pardon.
Has been convicted of welfare fraud. The following are the periods of ineligibility:
Six months for the first conviction
Twelve months for the second conviction
Permanently for the third conviction
Ineligibility may result if an applicant or recipient is incarcerated.
For extended medical coverage, general disqualification may result if an applicant or recipient is found guilty of committing welfare fraud during the last six 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 client must complete a PA 1666 if her or she answered “YES” to question #1 on the PA 600 or PA 600R.
Reissued April 12, 2016 Replacing March 10, 2016