...The Federal courts made a ruling in the case of Fowlkes v. Adamec, 432 F.3d 90 (2d Cir. 2005) on a Social Security case indicating that a client could not be considered a fugitive or fleeing felon unless they had been adjudicated to be fleeing, or in violation of probation or parole, by a judge or tribunal. Since New York State Social Services Law has no explicit law regarding felon status, this Federal ruling has been held to be controlling in fair hearings.
After the Fowlkes decision, New York State and local districts could no longer deny benefits to fugitive felons, probation violators, and parole violators. Our conference strongly supports Assembly bill 8882, as it would increase the integrity of social services programs in our state by denying offenders the means to remain fugitives from other state and federal law-enforcement agencies at the expense of the public, and to the detriment of the public’s perception of fairness in the administration of assistance programs.
Dear Neighbor,
Recently, I drafted legislation that would require the Department of Social Services to work directly with the Division of Criminal Justice Services to check the wanted felon status of people applying for state benefits. This legislation was prompted by the arrest of Edward Lamar Moses. Moses was wanted for attempted murder, kidnapping and possession of a weapon in South Carolina. He was apprehended in Fulton, New York, after the police were called to a scene where a person was acting suspiciously. When approached, Moses provided the police with his New York State Electronic Benefit Transfer card as identification. When they ran his name, it alerted police he was a wanted felon.
It’s reprehensible that Mr. Moses was able to receive New York welfare benefits while fleeing from outstanding warrants in another state. That’s why I have proposed legislation to remedy this situation. By requiring criminal justice services to perform a check of an applicant’s wanted felon and probation- or parole-violator status, we can cut back on fraud in the welfare system while helping law enforcement locate wanted criminals and ensure that your tax dollars go toward providing services to people who actually need it.
I would like you to join me in getting this vital piece of legislation into law. Call or write my office to show your support for criminal background checks for welfare applicants. With your help, we can eliminate fraud in our welfare system and get wanted felons off the street.
Very Truly Yours,
Will Barclay
