DPSS ePolicy

The guidelines for determining if an individual is a Fleeing Felon are as follows:

• The individual has an active warrant for arrest;
  
  
• The individual must be fleeing to avoid prosecution, custody or confinement after being convicted of committing a crime, or attempting to commit a crime that is a felony under the law; and
  
  
• It is not required that the individual have knowledge of such warrant.

Furthermore, an individual is considered a Fleeing Felon when a federal, State or local law enforcement agency presents an outstanding felony arrest warrant, or when the warrant information is discovered from the FFM report. The warrant information must conform to the following specific NCIC Offense Classification Codes:

• 4901 – Escape;
• 4902 – Flight to Avoid (prosecution, confinement, etc.); or
• 4999 – Flight/Escape.

The above codes make an individual ineligible for CalFresh benefits. If a warrant arrest conforms to any other NCIC offense codes, then that individual is not considered a Fleeing Felon for CalFresh purposes and would be eligible for CalFresh benefits, if all other eligibility criteria is met.

The Welfare Fraud Prevention & Investigation (WFP&I) Section is responsible for identifying the different offense codes and sharing the information with Eligibility Staff.

A Probation or Parole Violator is an individual who violates the conditions of their probation or parole imposed under federal or State law. The decision for this violation must be made by an impartial party, such as a judge or an officially sanctioned tribunal. The new definition for Probation or Parole Violators adds the following specification:

• Law enforcement authorities must be actively seeking the individual to enforce the conditions of their probation or parole violation.

If the above conditions are met, the individual is considered a Probation or Parole Violator for CalFresh and is ineligible to CalFresh benefits. If the individual is not being actively sought, then they are not considered a Probation or Parole Violator for CalFresh and are eligible to CalFresh benefits, if all other eligibility criteria is met.

The WFP&I Section is informed of the violation decision from a law enforcement agency and is responsible for determining if the individual meets the required criteria. WFP&I Section will then notify Eligibility Staff.

When WFP&I receives information via the FFM report about the Probation or Parole Violator Status, WFP&I staff will contact the law enforcement agency to confirm if the agency is actively seeking this individual. WFP&I will allow the law enforcement agency 20 days from the date of inquiry to provide a response.

• If the law enforcement agency indicates that they do not intend to seek the individual, then the individual is not considered a Probation or Parole Violator under CalFresh policy, and is eligible for CalFresh benefits, if all other eligibility criteria is met. In this situation, Eligibility Staff will proceed with the application.
  
  
• If the law enforcement agency indicates that they do intend to seek this individual within the next 30 days, then the eligibility determination is to be postponed for this individual until the 30-day period has expired.

Once the 30-day period has expired, WFP&I Section will contact the law enforcement agency once more to confirm if it sought the individual.

• If the Law Enforcement Agency sought the individual, then the individual is considered a Probation or Parole Violator under CalFresh policy and is ineligible for CalFresh benefits.
  
  
• If the Law Enforcement Agency did not seek the individual, then the individual is not considered a Probation or Parole Violator under CalFresh policy, and is eligible for CalFresh benefits, if all other eligibility criteria is met.