Or. Admin. R. 461-135-0560 - Fleeing Felon and Violators of Parole, Probation, and Post-Prison Supervision; REF, REFM, SNAP, and TANF

Retroactively effective July 6, 2020:

(1) An individual is ineligible for the REF, REFM, SNAP, and TANF programs if the individual is a fleeing felon or in violation of parole, probation, or post-prison supervision.

(2) An individual is considered a fleeing felon when a law enforcement officer acting in their official capacity presents a warrant conforming to one of the following National Crime Information Uniform Offense Classification (NCIC) Codes:

(a) Escape (4901),

(b) Flight to Avoid (prosecution, confinement, etc.) (4902), or

(c) Flight-Escape (4999).

(3) An individual is considered in violation of parole, probation, or post-prison supervision if the Department receives a report of this violation from a local, state, or federal corrections agency or court responsible for supervision of the individual and the law enforcement agency is actively seeking the individual.

(4) For purposes of this rule, "actively seeking" is defined as one of the following:

(a) A Federal, State, or local law enforcement agency presents a felony arrest warrant conforming to one of the NCIC codes in section 2 of this rule; or

(b) A court, Federal, State, or local law enforcement agency intends to arrest an individual for a parole or probation violation within:

(A) 20 days from the date the Department was notified of the parole or probation violation, or

(B) 30 days from the date the Department requests information from the law enforcement agency verifying that they intend to arrest the individual.

Notes

Or. Admin. R. 461-135-0560

SSP 14-2006, f. 9-29-06, cert. ef. 10-1-06; SSP 25-2016(Temp), f. 6-30-16, cert. ef. 7-1-16 thru 12-27-16; SSP 31-2016, f. & cert. ef. 9/1/2016; SSP 10-2017, f. 3-24-17, cert. ef. 4/1/2017; SSP 35-2018, amend filed 12/04/2018, effective 1/1/2019; SSP 22-2020, amend filed 07/08/2020, effective 7/8/2020

Statutory/Other Authority: ORS 409.050, 411.060, 411.816 & 412.049

Statutes/Other Implemented: ORS 409.010, 411.060, 411.816, 412.049, 7 CFR 272.1 & 7 CFR 273.11