N.J. Admin. Code § 10:90-18.6

Current through Register Vol. 56, No. 21, November 4, 2024

Section 10:90-18.6 - Eligibility rules for convicted drug felons

(a) The following convicted drug felons may establish eligibility for WFNJ TANF/GA cash assistance benefits and/or NJ SNAP program benefits:

1. A person convicted on or after August 22, 1996 under Federal or State law of any offense which occurred on or after August 22, 1996 which is classified as a felony, high misdemeanor or crime, under the laws of the jurisdiction involved and which has as an element the possession, or use of, a controlled substance as defined in section 102(6) of the Federal "Controlled Substances Act" ( 21 U.S.C. § 802(6)) .

i. Under the laws of the State of New Jersey, a crime is defined at 2C:1-4(a) as "an indictable offense ... for which a sentence of imprisonment in excess of 6 months is authorized."

ii. A person convicted in accordance with (a)1 above of possession or use of a controlled substance may be eligible for WFNJ TANF/GA cash assistance and/or NJ SNAP program benefits, if the person enrolls in and actively participates in or completes a DHS' licensed or approved RSATP at the conclusion of which the person is certified drug free by an authorized program representative or the person is able to establish good cause in accordance with 10:90-18.6(c).

(1) Eligibility for WFNJ TANF/GA cash assistance and/or NJ SNAP program benefits shall commence upon the person's enrollment in a DHS' licensed or approved RSATP.

(2) Eligibility for WFNJ TANF/GA cash assistance and/or NJ SNAP program benefits may continue after the person has completed a DHS' licensed or approved RSATP provided that:

(A) During the first 60 days after completion of a RSATP or at the time of application or case redetermination, it must be determined, via testing by an entity designated by DFD, that the person is free of any non-prescribed controlled substance. If the person is determined not to be free of any controlled substance during, or at the conclusion of, the 60 day period, the person's eligibility for benefits shall be terminated immediately.

(B) WFNJ TANF/GA cash assistance and/or NJ SNAP program benefits cannot be granted or reinstated until the person re-enrolls in another RSATP, and remains drug free for a minimum of 60 days and is determined via testing to be free of any non-prescribed controlled substance.

iii. Juvenile drug convictions are not classified as felonies, high misdemeanors or crimes. Therefore, a juvenile who committed an offense involving possession or use of a controlled substance, who was not convicted of the offense until he or she was 18 years of age or older, shall not be found ineligible for WFNJ cash assistance and/or NJ SNAP program benefits solely because of a drug conviction.

(b) The following convicted drug felons may establish eligibility only for NJ SNAP program benefits and WFNJ/GA medical services:

1. The provisions at (a)1 above, with respect to Federal and State law, also apply to persons convicted of distribution of a controlled substance.

i. The provisions at (a)1i above, with respect to the State's definition of a crime, also apply to persons convicted of distribution of a controlled substance.

ii. A person convicted in accordance with (a)1 above of distribution of a controlled substance may be eligible only for NJ SNAP program benefits, if the person enrolls in and actively participates in or completes a licensed or approved DHS' RSATP at the conclusion of which the person is certified drug free by an authorized program representative; and WFNJ/GA medical services, which shall not exceed benefits offered in the WFNJ/GA program, that are limited to the time the person is receiving treatment in a DHS' licensed or approved RSATP.

(1) Eligibility for NJ SNAP program benefits and WFNJ/GA medical services shall commence upon the person's enrollment in a DHS' licensed or approved RSATP.

(A) A person convicted of distribution of a controlled substance is only eligible for WFNJ/GA medical services while at the facility. The person is not eligible for GA medical services after completing a DHSS' licensed or approved RSATP.

(2) The provisions at (a)1ii(2) above, with respect to continued eligibility for NJ SNAP program benefits, also apply to persons convicted of distribution of a controlled substance.

(A) The provisions at (a)1ii(2)(A) and

(B) above, with respect to drug testing, also apply to persons convicted of distribution of a controlled substance.

(3) Persons convicted on or after August 22, 1996 of an offense which occurred on or after August 22, 1996 involving distribution are not eligible for WFNJ cash assistance benefits.

iii. The provisions at (a)1iii above, with respect to juvenile drug convictions, also apply to persons convicted of distribution of a controlled substance.

(c) Good cause exceptions, from participation in substance abuse treatment, shall be established for persons convicted of possession or use of a controlled substance who are willing to participate in a DHS' licensed or approved RSATP in order to establish eligibility for WFNJ TANF/GA cash assistance and/or NJ SNAP program benefits and are unable to do so for the following reasons:

1. Persons that want to establish eligibility for NJ SNAP program benefits only and meet the good cause criteria established at (c)2 through 6 below, including the good faith effort requirements, can not be referred to the SAI for assessment or substance abuse treatment.

2. The person already completed a substance abuse treatment program as noted below:

i. Individuals who have been incarcerated and have completed a substance abuse treatment program as a result of the incarceration and are determined to be drug free;

ii. Individuals who have completed a DHS' licensed or approved in-patient or out-patient substance abuse treatment program and are determined to be drug free; or

iii. Individuals who test free of drugs, and are therefore not appropriate for substance abuse treatment in a DHS' licensed or approved RSATP, or in an in-patient or out-patient program.

(1) As a result of the substance abuse assessment, the CCC can determine that:

(A) The person is not in need of substance abuse treatment at this time and his or her involvement in the SAI shall cease;

(B) Periodic completion of the "Cage-AID" form or the "Pre-Assessment Checklist" shall be done to verify the person's continued compliance with the good cause reasons identified in (c)2i through ii above. The periodic assessment shall become mandatory and a condition for WFNJ initial and continued eligibility and receipt of WFNJ TANF/GA cash assistance; or

(C) The person is in need of in-patient or out-patient substance abuse treatment at a DHS' licensed or approved facility. Treatment shall become mandatory and a condition for WFNJ initial and continued eligibility and receipt of WFNJ TANF/GA cash assistance.

(2) The person is a participant in the Drug Court Initiative (DCI) and provides written verification, on agency letterhead confirming the following:

(A) A Treatment Assessment Services for the Courts (TASC) evaluator's substance abuse assessment has been completed;

(B) The level of treatment required by the court; and

(C) The name and telephone number of the DCI liaison to the WFNJ agency.

3. The person entered a DHS' licensed or approved RSATP on his or her own.

4. The person was enrolled in a DHS' licensed or approved RSATP then later discharged as a result of the participant's physical or mental health problems including pregnancy.

i. Individuals discharged from a facility in accordance with (c)4 above shall provide written documentation from the facility the person was discharged from, on agency letterhead, confirming the reason for the discharge and the date of discharge.

5. The person meets the good faith effort requirements in accordance with (e) below and the person is denied entry in a DHS' licensed or approved RSATP due to the following:

i. The facility's inability to provide services to accommodate the person's physical or mental health problems (including pregnancy);

ii. The facility reached its capacity and cannot accommodate the person's request for enrollment at the time of application for WFNJ cash assistance benefits only; and

6. Individuals experiencing other unusual circumstances as determined by the DHS.

(d) The provisions at (c)1 through 6 above, with respect to good cause reasons, also apply to persons convicted of distribution of a controlled substance that want to establish eligibility only for NJ SNAP program benefits.

(e) Persons convicted of possession or use of a controlled substance that establish good cause for the reasons identified in (c)5i or ii above, shall be required to make a "good faith" effort to enter a facility as noted below:

1. The person shall make a good faith effort by attempting to enroll in at least three DHS' licensed or approved RSATPs.

i. Attempts by the individual to enroll in a facility may be pursued by telephone.

2. The person shall provide documentation of his or her good faith efforts.

i. Documentation shall consist of a written verification from each licensed or approved RSATP, on agency letterhead, confirming that the person sought entry in the facility; and, the date(s) and reason (mental or physical health reasons or capacity issues in the treatment programs) the facility denied the individual's request for enrollment.

ii. The required documentation shall be provided promptly, as a condition of eligibility, so that the eligibility determination can be completed within the 30-day time frame in accordance with 10:90-1.5.

iii. If the person making the good faith effort wants to establish eligibility for WFNJ TANF/GA cash assistance benefits and indicates that the facility will not provide the requested documentation, then the county or municipal WFNJ agency, with the cooperation of the applicant, shall follow-up by contacting the DHSS' licensed or approved RSATP(s) by telephone.

iv. Individuals who establish eligibility for WFNJ TANF/GA cash assistance benefits through the good cause process shall be referred to the SAI immediately at the time of application, unless the person submits written documentation from a substance abuse treatment program, that he or she is free of any non-prescribed controlled substance at the time of application.

(f) The provisions at (e) above, with respect to making a good faith effort also apply to persons convicted of distribution of a controlled substance that want to establish eligibility only for NJ SNAP program benefits.

N.J. Admin. Code § 10:90-18.6

Administrative correction.
See: 39 N.J.R. 652(a).
Administrative change.
See: 44 N.J.R. 1529(a).