75-02-01.2-72.1 - Denial of assistance for fugitive felons, probation andparole violators, and certain convicted drug offenders

75-02-01.2-72.1. Denial of assistance for fugitive felons, probation andparole violators, and certain convicted drug offenders

1. An individual may not be included in the cash grant if the individual is:

a. Fleeing to avoid prosecution, or custody or confinement after conviction, under the laws of the place from which the individual flees, for a crime, or an attempt to commit a crime, which is a felony under the laws of the place from which the individual flees, or which, in the case of the state of New Jersey, is a high misdemeanor under the laws of such state; or

b. Violating a condition of probation or parole imposed under federal or state law.

2. An individual may not be included in the cash grant for a period of seven years from the date of the most recent felony conviction, if the individual is convicted of a felony offense for an act which occurred after August 22, 1996, which has as an element the possession, use, or distribution of a controlled substance as defined in section 102(6) of the Controlled Substances Act [21 U.S.C. 802(6)]. The disqualification does not apply to alcohol-related convictions.

3. During any period of disqualification:

a. The individual's needs may not be taken into account when determining the household's need and amount of assistance;

b. All assets and income of the disqualified individual, including gross earned income, must be considered available to the household; and

c. Income disregards may be provided for the disqualified individual when determining if the remaining household members are eligible.

(Effective January 1, 2003; amended effective June 1, 2005; January 1, 2014.)

General Authority: NDCC 50-09-02, 50-09-25

Law Implemented: NDCC 50-09-02; 50-09-29

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