Please be advised that the substance of the comments and the identity of the individuals or entities submitting the comments will be subject to public disclosure. In addition, there is no centralized, nationwide law enforcement database or data match system that States can access to verify whether an individual is a fleeing felon. provide legal notice to the public or judicial notice to the courts. Individuals identified as fleeing felons or parole violators will be affected by having their participation in the program terminated. Each document posted on the site includes a link to the If an individual has been determined to be a fleeing felon or a probation or parole violator in accordance with 7 CFR 273.11(n), the Act prohibits this individual from participating in SNAP. Therefore, we encourage the State and local SNAP office to work with State and local law enforcement agencies to ascertain how State law defines fleeing felon and parole/probation violators.” The memorandum also encouraged State agencies to give the individual an opportunity to submit documentation that the warrant has been Satisfied. are not part of the published document itself.

A determination and request for information that does not comply with the terms and procedures in § 273.11(n) would not be sufficient to terminate the member's participation. The President of the United States communicates information on holidays, commemorations, special observances, trade, and policy through Proclamations. [FR Doc. If the law enforcement agency has not taken any action, we are proposing that the State agency not consider the individual a potential fleeing felon and take no further action in the matter. Surrounding the issues of who is a “fleeing felon,” what is “actively seeking,” and who is a parole violator (for purposes of this disqualification provision) are questions about how the State agency discovers an individual's “fleeing” felon or probation or parole violation status, how this information is to be verified, and the time frames for acting on a denial or termination. Consequently, the Department has added a provision to 7 CFR 273.2(f)(5)(i) that places responsibility for verification of fleeing felon on the State agency. 10/09/2020, 131 documents in the last year, 107 Absent such a statement, the State agency will need to evaluate the specific circumstances of each case to determine if there is documented evidence that the individual in question took action to avoid being arrested or jailed.
The President of the United States issues other types of documents, including but not limited to; memoranda, notices, determinations, letters, messages, and orders. One was an investigative agency, the other a private citizen. To establish that an individual is a fleeing felon, the State agency must verify that: (A) There is an outstanding felony warrant for the individual by a Federal, State, or local law enforcement agency, and the underlying cause for the warrant is for committing or attempting to commit a crime that is a felony under the law of the place from which the individual is fleeing or a high misdemeanor under the law of New Jersey; (B) The individual is aware of, or should reasonably have been able to expect that, the felony warrant has already or would have been issued; (C) The individual has taken some action to avoid being arrested or jailed; and. Document Drafting Handbook As we described earlier in this preamble, data matches do not always indicate whether a warrant is for a misdemeanor or felony offense, the warrant may be old, and the applicable law enforcement agency may not be interested in pursuing the warrant, or the warrant may actually misidentify the SNAP recipient as the person being sought. No commenter raised a Start Printed Page 54414legal point that would allow an individual to continue to participate due to the restrictions of simplified reporting, and because an individual determined to be a fleeing felon or a probation or parole violator is prohibited by the Act from participating in the program, the individual cannot be allowed to participate regardless of the household's reporting system. Changes The following are new definitions of fleeing felon and probation and parole violators: We’ve made big changes to make the eCFR easier to use. Executive Order 13132 requires Federal agencies to consider the impact of their regulatory actions on State and local governments. We hope the attached Q&A helps State agencies clarify the requirements of the final rule. In this rule we are proposing that such data matches are not considered verification that an individual is a fleeing felon or a probation or parole violator.

Knowledge of awareness of an existing warrant could include being interviewed by law enforcement officers about the felony in question or a statement from another household member, relative, or collateral contact, such as a landlord, that the individual was aware an officer had attempted to serve a warrant. (ii) A law enforcement officer presents an outstanding felony arrest warrant, identified by one of the following National Crime Information Center Uniform Offense Classification Codes, to a State agency to obtain information on the location of and other information about the individual named in the warrant: (B) Flight to Avoid (prosecution, confinement, etc.) We request that commenters address any concerns in this regard in their responses.

If the law enforcement agency does not indicate that it intends to enforce the felony warrant or arrest the individual for the probation or parole violation within 30 days of the date of the State agency's request for information about the warrant, the State agency shall determine that the individual is not a fleeing felon or a probation or parole violator and document the household's case file accordingly. Fourteen of those commenters requested that the regulation specify that an impartial party must make a determination that there has been a probation or parole violation. This prototype edition of the corresponding official PDF file on govinfo.gov. Any individual discovered to be a parole or probation violator shall not be considered to be an eligible household member. However, the actual language of paragraph 7 CFR 272.1(c)(1)(vii), in both the proposed rule and the final rule, omitted the requirement that the law enforcement officer provide the name of the individual being sought. Three commenters raised concerns about inconsistency with SSA and State Combined Application Projects (CAP). Be sure to leave feedback using the 'Help' button on the bottom right of each page! USDA will respond in a timely and meaningful manner to all Tribal government requests for consultation concerning this rule and will provide additional venues, such as webinars and teleconferences, to periodically host collaborative conversations with Tribal leaders and their representatives concerning ways to improve this rule in Indian country. One commenter raised concerns about the difficulty of serving warrants on Indian reservations. The third criterion, taking an action to avoid being arrested or jailed, is an action taken by the individual.

Since publication of the proposed rule, we have determined that the requirement that the State agency, not the household, has responsibility for verification of fleeing felon and probation or parole violation status should also be addressed in 7 CFR 273.2(f) (Verification). One commenter, an investigator, wanted the current procedure that does not define actively seeking to remain in place. Five commenters opposed the four-part test because they believed that the current tests are sufficient or that the proposal was too complex, and that a warrant in and of itself should be sufficient to identify a person as a fleeing felon. 10/09/2020, 374 These tools are designed to help you understand the official document 601-612). on In cases where there are similar names, aliases, or stolen identities, the outstanding or active warrant may not belong to the SNAP recipient. Once approved for transitional benefits, the benefit amount cannot be changed unless the State agency has opted to adjust the benefit in accordance with 7 CFR 273.27.

Results from data match activities have shown that households often find it difficult or impossible to resolve these warrants.

Document page views are updated periodically throughout the day and are cumulative counts for this document. The President of the United States manages the operations of the Executive branch of Government through Executive orders. The Social Security Administration (SSA) developed more rigorous standards than FNS in implementing the legislative Start Printed Page 54411provision. The Martinez test, in contrast, provides simplicity and certainty due to its objective enforceability—the presentation of a felony arrest warrant by a law enforcement officer.
Use the PDF linked in the document sidebar for the official electronic format.

Office operations and application processing. documents in the last year, 62 Nor, without such data being available is there a way to determine if the new provisions affect minorities, women, and persons with disabilities more than the general SNAP caseload. documents in the last year, 19

Action on households with special circumstances, New Documents The President of the United States communicates information on holidays, commemorations, special observances, trade, and policy through Proclamations. Paragraph 272.1(c)(1)(vii) is amended by revising the fourth and fifth sentences.

Households in which all members are disqualified for being fleeing felons, or probation or parole violators are excluded from receiving transitional benefits. 3. On September 24, 2009, the United States District Court for the Northern District of California approved a settlement agreement in the case of Martinez v. Astrue, Civ. Although generally verification is the responsibility of the household, there are multiple sensitivities surrounding the disqualification of fleeing felons and probation and parole violators. Therefore, we are unable to determine whether a disproportionate number of minorities, women, and persons with disabilities are disqualified. The Paperwork Reduction Act of 1995 (44 U.S.C. Section 6(k) of the Act requires the Secretary of Agriculture to define the terms “fleeing” and “actively seeking” to ensure SNAP State agencies use consistent procedures to disqualify individuals. This action is required to implement Section 6(k) of the Food and Nutrition Act of 2008. publication in the future. This is consistent with how other matches are treated in SNAP where the information cannot be considered verified upon receipt. These sessions will establish a baseline of consultation for future actions, should any be necessary, regarding this rule. One commenter misunderstood and thought the Department was proposing to remove the individual, not keep the benefits unchanged. SNAP regulations at 7 CFR 273.11(n) addresses the prohibition for participation by an individual identified as a fleeing felon or a probation or parole violator. Accordingly, we believe that the limitation imposed by SSA on the types of warrants that are subject to the disqualification provisions is not appropriate for SNAP. on However, it is impossible for the Department to supply an exhaustive list of actions that would constitute knowledge in either circumstance. edition of the Federal Register. Some law enforcement agencies may allow a State agency to verify an individual's felon status with a simple phone call whereas other law enforcement agencies may require a more formal, written request detailing the specifics needed to determine eligibility for SNAP. daily Federal Register on FederalRegister.gov will remain an unofficial Section 6(k) provides that certain individuals are not eligible for Supplemental Nutrition Assistance Program benefits. on These can be useful FNS does not collect information on persons disqualified under the fleeing felon and parole violation provisions.


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