New Mexico Administrative Code
Title 8 - SOCIAL SERVICES
Chapter 100 - GENERAL PROVISIONS FOR PUBLIC ASSISTANCE PROGRAMS
Part 130 - GENERAL OPERATING POLICIES - ELIGIBILITY AND VERIFICATION STANDARDS
Section 8.100.130.22 - NON - FINANCIAL VERIFICATION STANDARDS - OTHER
Universal Citation: 8 NM Admin Code 8.100.130.22
Current through Register Vol. 35, No. 18, September 24, 2024
A. Fraud conviction for dual state receipt of benefits: The existence of a fraud conviction for simultaneous receipt of benefits from two states is determined based upon client statement on the application form. If ISD receives other information indicating the existence of a dual state benefit fraud conviction, ISD shall verify it by contacting the appropriate authorities.
B. Fleeing felon, probation or parole violator:
(1)
Fleeing Felon: An individual determined to be a fleeing felon shall be an
ineligible household member. To establish an individual as a fleeing felon ISD
must verify that an individual is a fleeing felon. A federal, state, or local
law enforcement officer acting in their official capacity must present an
outstanding felony arrest warrant that conforms to one of the following
national crime information center uniform offense classification codes, to the
department to obtain information on the location of and other information about
the individual named in the warrant:
(a)
escape (4901); or
(b) flight to
avoid prosecution, confinement, etc. (4902); or
(c) flight-escape (4999).
(2) Probation or parole violator: An
individual determined a parole or probation violator shall not be considered to
be an eligible household member. To be considered a probation or parole
violator, an impartial party, as designated by ISD, must determine that the
individual violated a condition of their 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. Actively seeking is defined as:
(a) a federal, state, or local law
enforcement agency informs ISD that it intends to enforce an outstanding felony
warrant or to arrest an individual for a probation or parole violation within
20 days of submitting a request for information about the individual to ISD;
or
(b) a federal, state, or local
law enforcement agency presents a felony arrest warrant as provided in
Paragraph (1) of Subsection B of this section; or
(c) a federal, state, or local law
enforcement agency states that it intends to enforce an outstanding felony
warrant or to arrest an individual for a probation or parole violation within
30 days of the date of a request from ISD about a specific outstanding felony
warrant or probation or parole violation.
(3) Certain convicted felons: An individual
who is or has been determined to be convicted on or before February 7, 2014, as
an adult of the following crimes shall not be eligible for inclusion in the
cash assistance benefit group:
(a) aggravated
sexual abuse under section 2241 of title 18, United States Code;
(b) murder under section 1111 of title 18,
United States Code;
(c) an offense
under chapter 110 of title 18, United States Code;
(d) a federal or state offense involving
sexual assault, as defined in section 40002(a) of the Violence Against Women
Act of 1994 (42 U.S.C.
13925(a)); or
(e) an offense under state law determined by
the attorney general to be substantially similar to an offense described in
clause (i), (ii), or (iii); and
(f)
the individual is not in compliance with the terms of the sentence of the
individual or the restrictions under 8.139.400.12 C NMAC.
(4) Response time: ISD shall give the law
enforcement agency 20 days to respond to a request for information about the
conditions of a felony warrant or a probation or parole violation, and whether
the law enforcement agency intends to actively pursue the individual. If the
law enforcement agency does not indicate that it intends to enforce the felony
warrant or arrest the individual for the probation or parole violation within
30 days of the date of ISD's request for information about the warrant, ISD
shall determine that the individual is not a fleeing felon or a probation or
parole violator and document the household's case file accordingly. If the law
enforcement agency indicates that it does intend to enforce the felony warrant
or arrest the individual for the probation or parole violation within 30 days
of the date of ISD's request for information, ISD will postpone taking any
action on the case until the 30-day period has expired. Once the 30-day period
has expired, ISD shall verify with the law enforcement agency whether it has
attempted to execute the felony warrant or arrest the probation or parole
violator. If it has, ISD shall take appropriate action to deny an applicant or
terminate a participant who has been determined to be a fleeing felon or a
probation or parole violator. If the law enforcement agency has not taken any
action within 30 days, ISD shall not consider the individual a fleeing felon or
probation or parole violator, shall document the case file accordingly, and
take no further action.
(5)
Application processing: ISD shall continue to process the application while
awaiting verification of fleeing felon or probation or parole violator status.
If ISD is required to act on the case without being able to determine fleeing
felon or probation or parole violator status in order to meet the time
standards in 7 CFR
273.2(g) or
273.2(i)(3), ISD
shall process the application without consideration of the individual's fleeing
felon or probation or parole violator status.
Disclaimer: These regulations may not be the most recent version. New Mexico may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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