Requires the division of criminal justice services to check the wanted felon status and probation or parole violator status of people applying for public assistance.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A4955
SPONSOR: Barclay (MS) TITLE OF BILL: An act to amend the executive law and the social
services law, in relation to requiring the division of criminal justice
services to check the wanted felon status and other information of
people applying for public assistance
PURPOSE OR GENERAL IDEA OF BILL: To authorize the Division of Criminal
Justice Services to provide information to local social services
districts and to require those social services districts to request such
information regarding whether applicants for benefits are wanted felons
or are absconding from parole or probation. Further, to require that
where. such applicants have fraudulently obtained public assistance
benefits, such benefits must be repaid and subject to the same penalties
as any other acts of fraud which are used to gain public assistance
benefits.
SUMMARY OF SPECIFIC PROVISIONS: 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 the Division
of Criminal Justice Services (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.
§ 2 - Amends Social Service law § 132(1) by adding new subparagraphs "a"
through "e" directing that, in addition to the current investigation
required by that section, the department of social services roust
inquire of the division of criminal justice services regarding whether
applicants for public assistance are wanted felons or absconding from
probation or parole. Where an applicant is found have such status, then
this section directs the department to 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 directs that 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.
§ 3 - Amends Social Service Law § 145-B(I)(b)by adding a new subpara-
graph (iii) to ensure diet a deliberate false response to questions on
the application for public assistance regarding an applicants 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.
§ 4 - Authorizes the commissioner of Social Services in consultation
with the commissioner of the division of criminal justice services to
promulgate rules and regulations to implement this act.
§ 5 - Effective date.
JUSTIFICATION: Currently, both federal and New York State law prohib-
its those who know that they, are fleeing felons and those who are know-
ingly absconding from probation or parole from receiving public assist-
ance benefits. However, at this time, there is no statutory requirement
in place to ensure that applicants for public assistance are investi-
gated to determine whether they ineligible based on this status.
The "wanted felon" portion of the Federal Bureau of Investigation
National Crime Information Center (NCIC) database is provided to NYS and
is distributed is NYS law enforcement through E. Justice-by the Division
of Criminal Justice Services (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, follow-
ing the federal ruling in Fowlkes v. Adamec it was determined that stat-
ute was needed to give the local Social Service Departments the authori-
ty 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 delib-
erately misrepresenting their ineligibility are subject to the same
stringent penalties as for any other fraudulent representations.
As a bonus, 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.
This legislation was prompted by the recent 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. Unfor-
tunately, it is unlikely that this is an isolated event.
Benefits are not designed for persons who are evading arrest or wanted
criminals. This legislation seeks to protect the integrity of New York's
public assistance programs by making sure that benefits are being
directed to those who are truly in need of assistance.
PRIOR LEGISLATIVE HISTORY:
2011-2012: A.8882- Held for Committee in Government Operations. Same as
S.6156-Passed Senate 6/20/12.
FISCAL IMPLICATIONS: It is anticipated that any increase in investi-
gation costs would be more than offset by savings attributable to
disqualifying ineligible applicants and recouping payments already made
to those who are ineligible.
Further, prior to the Fowlkes decision, the Office of Temporary Disabil-
ity Assistance had a Memorandum of Understanding in place with the NYS
Division of Criminal Justice Services to collect this information.
EFFECTIVE DATE: Immediately.
