CDSS has issued new rules about when persons can be disqualified from CalFresh for being a fleeing felon violating a condition of probation and parole. These rules comply with new federal regulations issued at 80 Fed. Reg. 54410. To be considered a fleeing felon and ineligible for CalFresh, a person must have a warrant issued for their arrest that is under the National Crime Information Center (NCIC) code for escape, flight to avoid prosecution or flight-escape. Only warrants with one of those three NCIC codes are a reason to deny or terminate CalFresh benefits.
To be considered violating a condition of probation or parole and be ineligible for CalFresh, there must be a judicial determination that the individual violated a condition of probation or parole. Issuance of a warrant for a violation of probation or parole by itself is not a reason to deny or terminate CalFresh benefits.
In addition, local law enforcement must be actively seeking the individual to enforce a condition of probation or parole. To determine whether law enforcement is actively seeking an individual, the county must contact local law enforcement and ask whether they intend to enforce violation of probation or parole within 30 days. If the answer is no, then the individual is not considered a probation or parole violator. If the answer is yes, the case is held for 30 days to find out if local law enforcement takes action to enforce the probation or parole violation. If no action is taken in 30 days, the individual is not consider a probation or parole violator.
The new rules are effective December 1, 2015. ACL 15-82 (10/14/15).