3310 Lawbreakers | SNAP

On July 1, 2016, the Georgia State Legislature lifted the permanent disqualification for individuals who after August 22, 1996, were convicted of a felony related to the possession, use or distribution of a controlled substance.

This means these individuals are no longer disqualified from the Food Stamp Program and may be potentially eligible for FS benefits effective July 1, 2016.

If a drug felon has been incarcerated and is released from prison, then they may become eligible for benefits if they remain compliant with the general and special conditions of their parole or probation. If they are noncompliant with the terms of their parole or probation, they will become ineligible for FS benefits.

If a drug felon violates the terms of their probation as determined by a court order or violates the terms of their parole as determined by a State Board of Pardons and Paroles order, they will become ineligible for FS benefits. If these individuals complete the original sentence imposed on them, then they will remain eligible for FS benefits.

Section 4008, of The Agricultural Act of 2014, prohibits anyone convicted of aggravated sexual abuse, murder, sexual exploitation and abuse of children, sexual assault as defined in the Violence Against Women Act of 1994, or a similar State law after February 7, 2014, and who is also not in compliance with the terms of their sentence or a fleeing felon from receiving SNAP benefits. Applicants must attest to whether he or she, or any other member of the household, has been convicted of such a crime. Convictions for conduct that occurred on or before the date of enactment do not apply.

Discuss FS policy regarding lawbreakers with the applicant or recipient (A/R) at initial application and recertification.

Accept and document the A/R’s statement of his/her parole or probation status unless questionable. If questionable, verify with the appropriate law enforcement agency or court.

Address the eligibility of clients who have been previously disqualified as drug felons at the next recertification or at the time the individual requests to be added to the FS case (whichever is earlier).

An individual who meets the definition of a lawbreaker, but who has been granted first offender status by the court, is not subject to a FS disqualification.

A minor adjudicated as a delinquent through the juvenile court system has not been convicted of a crime and is not subject to the FS disqualification as a lawbreaker.

A minor who is prosecuted and convicted as an adult is subject to a penalty or disqualification as a lawbreaker.

Any individual who is violating a condition of his/her parole or probation is ineligible for FS benefits and is not included in the FS AU. The individual is disqualified in the Food Stamp Program until he/she is no longer a parole/probation violator.

Individuals who are fleeing to avoid custody or confinement for a felony conviction or fleeing to avoid prosecution for a felony are ineligible for FS benefits and are not eligible to be included in the FS AU. The individual is disqualified in the Food Stamp Program until he/she is no longer fleeing.

The address, SSN and photograph, if available, of a member of a FS AU will be provided to federal, state or local law enforcement officers if any of the following criteria are met:

The law enforcement agency must provide the request in writing.

The agency must give the law enforcement agency 20 days to respond to a request for information about the conditions of a felony warrant or a probation/parole violation and whether the law enforcement agency intends to actively pursue the individual.

If the law enforcement agency does not indicate that it intends to enforce the felony warrant or arrest the individual for the probation/parole violation within 30 days of the date of the agency’s request for information, the agency must determine that the individual is not a fleeing felon or probation/parole violator and document the case accordingly.

If the law enforcement agency does indicate that it intends to enforce the felony warrant or arrest the individual for probation/parole violation within 30 days of the date of the agency’s request for information, the agency will postpone action on the case until the 30-day SOP. Once 30 days has expired, the agency must verify with the law enforcement agency whether it has attempted to execute the felony warrant or arrest the probation/parole violator. If law enforcement agency has, the individual has been determined to be a fleeing felon or probation/parole violated, and the agency must deny the applicant or remove the individual from the FS case.

If law enforcement agency has not taken action within 30 days, the agency must not consider the individual a fleeing felon or probation/parole violator and must document the case file and take no further action on the case.

The disqualification periods for lawbreakers are as follows: