WSR 16-18-062
PERMANENT RULES
DEPARTMENT OF
SOCIAL AND HEALTH SERVICES
(Economic Services Administration)
[Filed September 1, 2016, 3:33 p.m., effective October 2, 2016]
Effective Date of Rule: Thirty-one days after filing.
Purpose: The department is amending WAC 388-442-0010 to conform to federal regulation changes regarding who is considered a fleeing felon. This amendment updates the department's rules for determining who is a fleeing felon or breaking a condition of parole or probation and therefore ineligible for benefits. The amended rule is necessary to conform to new federal rule changes on this subject that went into effect November 2015.
Citation of Existing Rules Affected by this Order: Amending WAC 388-442-0010.
Adopted under notice filed as WSR 16-14-059 on June 30, 2016.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 1, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.
Date Adopted: September 1, 2016.
Katherine I. Vasquez
Rules Coordinator
AMENDATORY SECTION (Amending WSR 13-24-044, filed 11/26/13, effective 1/1/14)
WAC 388-442-0010 ((How does being a fleeing felon impact my eligibility for benefits)) Am I eligible for benefits if I am fleeing from the law or breaking a condition for parole or probation?
(1) ((You are a fleeing felon if you are fleeing to avoid prosecution, custody, or confinement for a crime or an attempt to commit a crime that is considered a felony in the place from which you are fleeing.
(2))) If you are a fleeing felon((,)) or violating a condition of probation or parole ((as determined by an administrative body or court that has the authority to make this decision,)) you are not eligible for ((TANF/SFA)) temporary assistance for needy families (TANF), state family assistance (SFA), ((PWA)) pregnant women assistance (PWA), ((ABD)) aged, blind, or disabled (ABD) cash, referral to the ((HEN)) housing and essential needs (HEN) program, or basic food benefits.
(2) You are a fleeing felon if:
(a) A federal, state, or local law enforcement officer presents us with a felony arrest warrant that includes the national crime information center (NCIC) codes for escape (4901), flight to avoid (4902), or flight-escape (4999);
(b) The officer presenting the warrant is acting in an official capacity to obtain information on your location or other information; and
(c) You are the individual named in the warrant.
(3) You are violating a condition of parole or probation when:
(a) An administrative or judicial order has found you in violation of the terms of your parole or probation; and
(b) A law enforcement agency is actively seeking you to enforce the conditions of your parole or probation.
(4) "Actively seeking" as used in subsection (3)(b) of this section means a law enforcement agency intends to arrest you for a probation or parole violation within:
(a) Thirty days from the date we request information about the parole or probation violation; or
(b) Twenty days from the date the law enforcement agency requests information from us.
