1997 Minnesota Statutes

     256J.26 Persons ineligible; vendor payments. 

    Subdivision 1.    Person convicted of drug offenses.  (a)
 Applicants or recipients who have been convicted of a drug 
 offense after July 1, 1997, may, if otherwise eligible, receive 
 AFDC or MFIP-S benefits subject to the following conditions: 

    (1) benefits for the entire assistance unit must be paid in 
 vendor form for shelter and utilities during any time the 
 applicant is part of the assistance unit; 

    (2) the convicted applicant or recipient shall be subject 
 to random drug testing as a condition of continued eligibility 
 and is subject to sanctions under section 256J.46 following any 
 positive test for an illegal controlled substance, except that 
 the grant must continue to be vendor paid under clause (1).  For 
 purposes of this subdivision, section 256J.46 is effective July 
 1, 1997. 

    This subdivision also applies to persons who receive food 
 stamps under section 115 of the Personal Responsibility and Work 
 Opportunity Reconciliation Act of 1996.  

    (b) For the purposes of this subdivision, "drug offense" 
 means a conviction that occurred after July 1, 1997, of sections 
 152.021 to 152.025, 152.0261, or 152.096.  Drug offense also 
 means a conviction in another jurisdiction of the possession, 
 use, or distribution of a controlled substance, or conspiracy to 
 commit any of these offenses, if the offense occurred after July 
 1, 1997, and the conviction is a felony offense in that 
 jurisdiction, or in the case of New Jersey, a high misdemeanor. 

    Subd. 2.    Parole violators.  An individual violating a 
 condition of probation or parole or supervised release imposed 
 under federal law or the law of any state is ineligible to 
 receive AFDC or MFIP-S. 

    Subd. 3.    Fleeing felons.  An individual who is 
 fleeing to avoid prosecution, or custody, or confinement after 
 conviction for a crime that is a felony under the laws of the 
 jurisdiction from which the individual flees, or in the case of 
 New Jersey, is a high misdemeanor, is ineligible to receive AFDC 
 or MFIP-S. 

    Subd. 4.    Denial of assistance for ten years to a person 
 found to have fraudulently misrepresented residency.  An 
 individual who is convicted in federal or state court of having 
 made a fraudulent statement or representation with respect to 
 the place of residence of the individual in order to receive 
 assistance simultaneously from two or more states is ineligible 
 to receive AFDC or MFIP-S for ten years beginning on the date of 
 the conviction. 

    HIST: 1997 c 85 art 1 s 16; 1997 c 203 art 12 s 10; 1997 c 245 
 art 4 s 1