July 20, 1998 98-R-0881
FROM: Robin Cohen, Principal Analyst
RE: Denials of Public Assistance to People with Arrest Warrants for Felonies
You asked if public assistance benefits can be denied to someone who is charged with a felony and if so, how this policy is enforced.
SUMMARY
Federal law and state regulation disqualify from receiving cash assistance and food stamps anyone fleeing to avoid prosecution for committing, or attempting to commit, a felony. In addition, a new state law (§ 13 of PA 98-239) permits the Department of Social Services (DSS) to determine someone ineligible for benefits under any program it administers (this would include additional programs, such as State Administered General Assistance) if there is an outstanding warrant for that person's arrest on a felony charge. (It appears that this new provision could be applied to someone who has not been served with an arrest warrant.) Before making these determinations, DSS must give notice and the opportunity for hearing, and it must ensure that such a determination is in accordance with federal law.
According to Matthew Barrett, DSS's legislative liaison, DSS ascertains an applicant's criminal status by asking him to indicate on the application whether there is an outstanding warrant for his arrest. DSS can also get this information when a police officer notifies the department that it is looking for a recipient as federal and state law also require DSS to share certain information about cash assistance and food stamp recipients with low enforcement officers to help them apprehend these clients.
FEDERAL AND STATE LAW
Congress enacted landmark welfare reform legislation in 1996 which devolved welfare to the states and removed most federal rules governing cash assistance to needy families. Under the Temporary Assistance to Needy Families (TANF) provisions of the act, the federal government provides financial assistance to states in the form of a block grant. Connecticut's TANF program is called Temporary Family Assistance or TFA.
Section 408 of the federal legislation prohibits states receiving TANF block grants from using any portion of their grant to provide assistance to someone fleeing to avoid prosecution or custody or confinement after conviction for, or an attempt to commit, a felony. Likewise, they cannot provide assistance to someone violating a condition of probation or parole imposed under state or federal law. (This essentially mirrored the already existing prohibitions against food stamp recipients.) The welfare agency cannot deny a law enforcement officer the addresses of these people, provided the information is necessary and within his duties.
State Law
DSS adopted regulations in 1997 which mirror the federal benefit denial law. PA 97-2, June 18 Special Session, requires DSS to disclose the current address of TFA recipients and the address, Social Security number, and photograph, if available, of food stamp recipients when:
1. the officer provides DSS with the recipient's name,
2. the officer notifies DSS that the recipient meets the Section 408 criteria, and
3. locating or apprehending the recipient is within the officer's duties.
DSS and the State's Attorney's office recently cross matched cash and food stamp recipients with people having outstanding arrest warrants for failure to appear in court and found that 550 people were both receiving either cash assistance or food stamps and had re-arrest warrants. DSS apparently sent discontinuance notices to all 550. (A discontinuance notice triggers the request for an administrative hearing.)
PA 98-239 (§ 13) allows DSS to determine someone ineligible for benefits (after notice and hearing) under any program it administers for whom there is an outstanding arrest warrant for a felony. This is obviously more expansive as it includes all public assistance, not just cash assistance and food stamps, as required by federal law.
DSS's Barrett indicates that the department is currently reviewing the circumstances under which the new law might be implemented. (It appears, for example, that federal law precludes states from denying assistance to Medicaid recipients for this reason.)
RC:pa