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(Revised 6/1/05 ML #2971)
An individual convicted of a federal or state felony for possession, use, or distribution of illegal drugs may be permanently ineligible to participate in the TANF Program. The individual will be permanently ineligible if in addition to the conviction, there is a sentence consistent with felony conviction.
If an individual is convicted of a drug related felony, the following information must be sent to the Economic Assistance Policy Division for review:
Eligibility Worker's Full Name and County Name
Individual's Social Security Number
Individual's Date of Birth
Individual's Full Name and Middle Initial
Individual's Case Number
Individual's Client ID Number
Sex of Individual
Copies of the Criminal Complaint and Judgment or Order which substantiates the individual's drug-related felony
Please Note: In order to determine whether an individual's conviction is disqualifying under USC 861a(a), the court document(s) that you send to the state office must include: The crime(s) the individual was convicted of committing; the date of the offense(s); the sentence or judgment of the court; and whether the crime(s) were misdemeanors or felony offenses.
This information is usually contained in the Criminal Complaint and Judgment document. However, the offense date is not always listed on the Criminal Complaint and Judgment.
If the Criminal Complaint and Judgment document does not contain the offense date(s), please request (from the individual or the court) a copy of the "Information" or "Criminal Information" document and forward it to the state office. The "Information" or "Criminal Information" document will include the offense date(s).
If an individual is convicted in a federal court, the court documents may not indicate whether an offense was a misdemeanor or felony. In that case, the court documents should still be forwarded to the state office even without the information being provided.
The Economic Assistance Office will review the information to determine if the conviction and sentence disqualifies the individual from the TANF Program and notify the worker regarding the outcome of the review.
