Haw. Code R. § 17-604.1-28 - Deferred adjudication
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(a) The
procedures in this section shall be used for cases in which a determination of
guilt is not obtained from a court due to the accused having met the terms of a
court order, or for cases which are not prosecuted due to the accused
individual having met the terms of an agreement with the prosecuting attorney.
(1) The department shall enter into an
agreement with the state attorney general or, where necessary, with county
prosecuting attorneys, which provides for advance written notification to the
household member of the consequences of consenting to disqualification in cases
of deferred adjudication.
(2) The
written notification provided for in paragraph (1) shall include, at a minimum:
(A) A statement for the accused individual to
sign- that the accused individual understands the consequences of consenting to
disqualification, along with a statement that the head of household shall also
sign the consent agreement if the accused individual is not the head of
household, with an appropriately designated signature block;
(B) A statement that consenting to
disqualification shall result in disqualification and a reduction in benefits
for the period of disqualification, even though the adcused individual was not
found guilty of civil or criminal misrepresentation or fraud;
(C) A warning that the disqualification
penalties for intentional program violation under the SNAP are as specified in
section 17-604.1-9, and a statement of which penalty shall be imposed as a
result of the accused individual having consented to
disqualification;
(D) A statement
of the fact that the remaining household members, if any, shall be held
responsible for repayment of the resulting claim, unless the accused individual
has already repaid the claim as a result of meeting the terms of the agreement
with the prosecutor or the court order.
(b) If the household member suspected of an
intentional program violation signs the disqualification consent agreement, the
household member shall be disqualified in accordance with the disqualification
periods specified in section 17-604.1-9, unless contrary to the court order.
(1) The period of disqualification shall
begin within forty-five days of the date the household member signed the
disqualification consent agreement. However, if the court imposes a
disqualification period or specifies the date for initiating the
disqualification period, the department shall disqualify the household member
in accordance with the court order.
(2) If the individual is not certified to
participate in the program at the time the disqualification period is to begin,
the period shall take effect from the month following the month the
disqualification is rendered.
(3)
Once a disqualification penalty has been imposed against a currently
participating household member, the period of disqualification shall continue
uninterrupted until completed regardless of the eligibility of the disqualified
member's household. However, the disqualified member's household hall continue
to be responsible for repayment of the overissuance which resulted from the
disqualified member's intentional program violation regardless of its
eligibility for program benefits.
(c) If the household, member suspected of an
intentional program violation signs the disqualification consent agreement, the
department shall provide written notice to the household member. The notice
shall be provided prior to disqualification, whenever possible. The notice
shall inform the household member of the disqualification and the date the
disqualification will take effect. The department shall also provide written
notice to the remaining household members, if any, of the allotment they will
receive during the period of disqualification or that they must reapply because
the certification period has expired. The procedures for handling the income
and resources of the disqualified member are described in chapter 17-663. In
addition, the department shall provide the written demand letter for
restitution.
Notes
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