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256D.024 PERSONS PROHIBITED FROM RECEIVING BENEFITS.
    Subdivision 1. Person convicted of drug offenses. (a) If an applicant or recipient has been
convicted of a drug offense after July 1, 1997, the assistance unit is ineligible for benefits under
this chapter until five years after the applicant has completed terms of the court-ordered sentence,
unless the person is participating in a drug treatment program, has successfully completed a drug
treatment program, or has been assessed by the county and determined not to be in need of a drug
treatment program. Persons subject to the limitations of this subdivision who become eligible for
assistance under this chapter shall be subject to random drug testing as a condition of continued
eligibility and shall lose eligibility for benefits for five years beginning the month following:
(1) any positive test result for an illegal controlled substance; or
(2) discharge of sentence after conviction for another drug felony.
(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, 152.0262, 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
benefits under this chapter.
    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 benefits under this chapter.
    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 benefits under this chapter for ten years beginning on the date of the conviction.
History: 1997 c 85 art 3 s 28; 1997 c 203 art 12 s 15; 2005 c 136 art 7 s 21

Official Publication of the State of Minnesota
Revisor of Statutes