Requires the division of criminal justice services to check the wanted felon status and other information of people applying for public assistance

Summary

Section 1 adds a new section 845-C to the executive law requiring the commissioners of social service districts, or their authorized designees, to request, from DCJS information regarding whether applicants for public assistance benefits are wanted felons and/or whether they are probation or parole violators who are absconding from justice and authorizes DCJS to provide such information.

Section 2 adds new subparagraphs to Social Service law section 132 to the current investigation required by that section. Under the new provisions, the Department of Social Services (DSS) must inquire of the DCJS regarding whether applicants for public assistance are wanted felons or absconding from probation or parole. Where an applicant is found to have such status, DSS shall further investigate to determine whether the applicant knew, or had reason to know of his/her status, and when the applicant became or should have become aware of such status. This section also ensures benefits collected during the period of time that the fleeing felon or absconder from probation or parole knew or should have known of such status, must be repaid.

Section 3 amends subparagraph b of paragraph one of section 145-B of the Social Service Law by adding a new subparagraph (iii) to ensure that a deliberate false response to questions on the application for public assistance regarding an applicant's status as a fleeing felon or probation or parole absconder is treated as fraud for purposes of that section and as such subject to the penalties set forth therein.

Section 4 authorizes the Commissioner of DSS in consultation with the Commissioner of DCJS to promulgate rules and regulations to implement the act.

Section 5 provides the effective date.

Justification

Currently, both federal and New York State law prohibits those who know that they are fleeing felons and those who are knowingly absconding from probation or parole from receiving public assistance

benefits. However, at this time, there is no statutory requirement in place to ensure that applicants for public assistance are investigated to determine whether they ineligible based on this status. The "wanted felon" portion of the Federal Bureau of Investigation "National Crime Information Center" database is provided to NYS and is distributed to NYS law enforcement through E. Justice-by DCJS. This bill is needed to authorize DCJS to provide this information to commissioners of the social services departments and to require that those departments make such an inquiry.

It should be noted that in previous years, the NYS Office of Temporary Disability Assistance worked with the NYS Division of Criminal Justice Services to check if an applicant was a fleeing felon. However, following the federal ruling in FOWLEES V. ADAMEC it was determined that governing statute was needed to give the local DSS the authority to determine if an applicant is a fleeing felon. In addition, this bill is necessary to ensure that benefits paid based on fraudulent representations by the applicant, are fully recouped by NYS and that those applicants who fraudulently obtain benefits by deliberately misrepresenting their ineligibility are subject to the same stringent penalties as for any other fraudulent representations.

This legislation would also alert law enforcement to the location of fleeing felons and those absconding from probation or parole and thus enhance the effectiveness of our state's law enforcements efforts. At particular issue was the 2011 arrest of Edward Moses made in Fulton, New York. Moses was arrested in the parking lot of a local bank after a witness called the police to report suspicious behavior. When asked for proof of identity, Edward Moses provided the police with his New State Electronic Benefits Card given to individuals on public assistance or other social services programs. When the police ran his name, they immediately discovered that Moses was wanted for attempted murder, kidnapping and possession of a weapon in South Carolina. Unfortunately, it is unlikely that this is an isolated event.

Benefits are not designed for persons who are evading arrest or who are wanted criminals. This legislation seeks to protect the integrity of New York's public assistance programs by making sure benefits are being directed to those who are truly in need of assistance.

Prior legislative history

2011-2012: S.6156/A.8882; 2013-2014: S.1956/A.4955

Fiscal impact

It is anticipated that any increase in investigation costs would be more than offset by savings attributable to disqualifying ineligible applicants and recouping payments already made to those who are ineligible.

Effective date

This act shall take effect on the 180th day after becoming a law.