Fleeing Felon

							                          Fleeing Felon



                         Duke Legal Assistance Project

Food Stamps

The federal Food Stamp program requires that individuals identified as fleeing felons are
 ineligible for benefits under this program. Further, the agency that distributes the food
   stamps is required to make available to law enforcement the current address, Social
    Security number, and photograph, if available, of the recipient if requested by law
                                        enforcement.

   o For the purposes of food stamp benefits, a fleeing felon is defined as an
     individual who:
        o Is fleeing to avoid prosecution, custody, or confinement for a felony or
            attempted felony; or
        o Is violating a condition of parole or probation under a federal or state
            law.

   o The state is NOT required to use a database to identify fleeing felons.
     However, if the information is received by the agency, from any source, the
     agency must act on the information.

   o States are expected to ask either on the application or during the interview if
     any household member is a fleeing felon or develop a matching system with
     law enforcement. There is no FNS national database and states are not
     required to check with other states.

   o If a State agency is notified by law enforcement that a recipient is considered
     a fleeing felon, the State must take action to eliminate benefits immediately,
     unless law enforcement requests a delay in the action to assist in their
     investigation or apprehension of the felon.

   o State agencies develop their own policies and procedures in dealing with the
     fleeing felon provisions.

   o NC does not currently appear to be utilizing computer matching to identify
     fleeing felon applicants or recipients in the food stamp program.