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ROTW: [Call for Comments] USDA Proposed Regulation for Clarification of Eligibility of Fleeing Felons

Monday, September 26, 2011

  • Center for Civil Justice

 USDA has issued a new proposed regulation related to the law requiring disqualification of “fleeing felons” with comments due on October 18, 2011. A link to this proposed regulation is below. 

Center for Civil Justice(CCJ) will be going over the proposal and preparing comments. If you would like to receive a copy of what we prepare to assist you with your own comments, or if you have thoughts about this regulation that you’d like to share with us, please contact CCJ’s Policy Analyst, Judith Lincoln, at jlincoln@ccj-mi.org.

http://www.fns.usda.gov/cga/Federal-Register/2011/08-19-11_SNAP.pdf

SUMMARY: Section 6(k) of the Food and Nutrition Act of 2008 (‘‘the Act’’) provides that certain individuals are not eligible for Supplemental Nutrition Assistance Program (SNAP) benefits.
Such individuals include an individual fleeing to avoid prosecution, custody or confinement after conviction for committing a crime 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 in New Jersey) or is violating a condition of probation or parole under Federal or State law. Section 4112 of the Food, Conservation, and Energy Act of 2008, Public Law 110–246, amended Section 6(k) of the Act to require the Secretary of Agriculture to define the terms ‘‘fleeing’’ and ‘‘actively seeking’’ to ensure State agencies use consistent procedures to disqualify individuals. This rule proposes to define the terms ‘‘fleeing’’ and ‘‘actively seeking’’ and to establish procedures State agencies are to use in determining fleeing felon status. This rule also proposes criteria to identify a parole violator, verification procedures to establish an individual’s status, and time frames for disqualifying an individual determined to be a fleeing felon or a parole violator.

DATES: Comments must be received on or before October 18, 2011 to be assured of consideration.

 



 

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