3.19.1 Fleeing Felons and Probation and Parole Violators

7 CFRCode of Federal Regulations 273.11(n)

A person is ineligible to receive FoodShare benefits if he or she is a fleeing felon or probation/parole violator.

The FoodShare application allows an applicant, member or anyone in the food unit to self-declare whether he or she is a fleeing felon or in violation of probation/parole. If the applicant or member responds affirmatively, the IM agency must verify fleeing felon or probation/parole violation status with law enforcement. The IM agency may also become aware of a felony warrant or probation/parole violation through a data base, media or other sources.

Fleeing Felon

A fleeing felon is a person who is intentionally fleeing to avoid prosecution or custody/confinement for a crime, or an attempt to commit a crime, that would be classified as a felony.

The IM agency must take action to deny or terminate FoodShare benefits when the following conditions are met and verified:

There is an outstanding felony warrant for the individual;
The individual is aware of or can reasonably expect a felony warrant has or would be issued;
The individual has taken some action to avoid being arrested or jailed; and
A law enforcement agency is actively seeking the individual.

Probation or Parole Violator

To be considered a probation or parole violator, an impartial party as designated by the state agency must determine that the individual violated a condition of his or her probation or parole imposed under federal or state law and that federal, state, or local law enforcement authorities are actively seeking the individual to enforce the conditions of the probation or parole. An impartial party can include, but is not limited to, the individual’s parole officer or a judge/court of law.

Verification of Status

IM agencies are responsible for obtaining the verification of the applicant or member’s status with law enforcement when the individual self-declares on a FoodShare application or renewal, or is found through other sources, to be a fleeing felon or probation or parole violator. It is not the applicant or member’s responsibility to verify his or her status for purposes of this policy.

Definition of Actively Seeking

Actively seeking is defined as any of the following:

A federal, state, or local law enforcement agency stating that it intends to enforce an outstanding felony warrant or arrest an individual for a probation or parole violation within 20 days of the date of an IM agency requested information about a specific felony warrant or violation associated with an individual.
A law enforcement agency stating that it intends to enforce an outstanding felony warrant or arrest an individual for a probation or parole violation within 20 days of the law enforcement agency submitting a written request to an IM agency for information about a specific individual.
A law enforcement agency presents to an IM agency a felony arrest warrant and informs the IM agency of its intent to apprehend the individual. A felony warrant may include any of the following National Crime Information Center Uniform Offense Classification Codes:
- Escape (4901)
- Flight to Avoid (prosecution, confinement, etc.) (4902)
- Flight-Escape (4999)

Application Processing

The agency should continue to process the application while awaiting verification of fleeing felon or probation or parole violation verification status. If the verification is not returned within the 30 day processing timeframe, process the application without consideration of the individual’s fleeing felon or probation or parole violator status. The worker must code the person as “No”, he or she is not a fleeing felon or probation or parole violator, and then determine eligibility.

If it is determined that an individual meets the conditions for being considered a fleeing felon or violator of probation or parole, the worker must code the “Current Demographics” page accordingly. Coding the Fleeing Felon/In Violation of Probation or Parole question will issue the correct denial/termination notice for that individual. If an ineligible individual is still in the home, count his or her income and expenses as if he or she were still a FoodShare group member. An individual ineligible for FoodShare because he or she is a fleeing felon or in violation of probation or parole conditions is a Gross Deemer (4.7.6 Gross Deeming) if there are other eligible household members.

Upon the written request of a local, state, or federal law enforcement officer when a food unit applicant or member is fleeing to avoid prosecution or custody for a crime that would be classified as a felony or is violating a condition of probation or parole, the worker must provide an address. Address refers to the actual place where the household resides.

An address is required to be provided unless a household is homeless, a migrant, or newly arrived in Wisconsin. Verification of address is not required.
A household does not have to reside in a permanent dwelling.
A household may use a general delivery address when it applies.

IM agencies must not require that a photo ID be required as a condition of eligibility for FoodShare. The IM worker is only to provide a photograph to law enforcement in the above circumstances if the food unit member happened to use a photo ID to verify their identity.

Note: Disclosure of an applicant or household member being a fleeing felon will not automatically disqualify the assistance group from child care. The Department of Children and Families will investigate the circumstances in more detail and determine the disclosure's effects on eligibility.

This page last updated in Release Number: 18-01

Release Date: 01/08/2018

Effective Date: 01/08/2018