1998 Minnesota Statutes

     256J.26 Persons ineligible; vendor payments. 

    Subdivision 1.    Person convicted of drug offenses.  (a)
 Applicants or participants 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 participant shall be subject 
 to random drug testing as a condition of continued eligibility 
 and following any positive test for an illegal controlled 
 substance is subject to the following sanctions: 

    (i) for failing a drug test the first time, the 
 participant's grant shall be reduced by ten percent of the 
 MFIP-S transitional standard, the shared household standard, or 
 the interstate transitional standard, whichever is applicable 
 prior to making vendor payments for shelter and utility costs; 
 or 

    (ii) for failing a drug test two or more times, the 
 residual amount of the participant's grant after making vendor 
 payments for shelter and utility costs, if any, must be reduced 
 by an amount equal to 30 percent of the MFIP-S transitional 
 standard, the shared household standard, or the interstate 
 transitional standard, whichever is applicable. 

    (b) Applicants or participants who have been convicted of a 
 drug offense after July 1, 1997, may, if otherwise eligible, 
 receive food stamps if the convicted applicant or participant is 
 subject to random drug testing as a condition of continued 
 eligibility.  Following a positive test for an illegal 
 controlled substance, the applicant is subject to the following 
 sanctions: 

    (1) for failing a drug test the first time, food stamps 
 shall be reduced by ten percent of the applicable food stamp 
 allotment; and 

    (2) for failing a drug test two or more times, food stamps 
 shall be reduced by an amount equal to 30 percent of the 
 applicable food stamp allotment.  

    (c) 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 disqualified from 
 receiving 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 disqualified from 
 receiving 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 
 disqualified from receiving 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; 1998 c 407 art 6 s 52-55