GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2013

H                                                                                                                                                    3

HOUSE BILL 392

Committee Substitute Favorable 4/3/13
Third Edition Engrossed 4/11/13

 

Short Title:        Share Arrest Warrant Status/Pub. Assistance.

(Public)

Sponsors:

 

Referred to:

 

March 21, 2013

 

A BILL TO BE ENTITLED

AN ACT REQUIRING a county department of social services (DSS) to VERIFY WHETHER AN APPLICANT FOR OR RECIPIENT OF temporary assistance to needy family (TANF) benefits or food and nutrition services (FNS) benefits IS A FLEEING FELON OR A PROBATION OR PAROLE VIOLATOR, TO DIRECT INTERAGENCY COOPERATION AND INFORMATION SHARING IN ORDER TO VERIFY THE ELIGIBILITY STATUS OF AN APPLICANT OR RECIPIENT, AND TO DENY TANF OR FNS BENEFITS TO AN APPLICANT OR RECIPIENT WHO IS A FLEEING FELON OR A PROBATION OR PAROLE VIOLATOR.

Whereas, federal law, specifically, 42 U.S.C. § 601, et seq., requires that states receiving funds under certain federal grant programs shall not use any part of the grant to provide assistance to any individual who is (i) fleeing to avoid prosecution, custody, or confinement after conviction, under the laws of the place from which the individual flees, for a crime, or an attempt to commit a crime, which is a felony under the laws of the place from which the individual flees or (ii) violating a condition of probation or parole imposed under federal or State law; and

Whereas, states receiving these federal grant funds are authorized under federal law to establish safeguards against the use or disclosure of information about applicants or recipients for assistance under the state program funded under federal law; and

Whereas, federal law expressly authorizes the State agency administering the program to furnish a federal, State, or local law enforcement officer, upon the request of the officer, with the current address of any recipient if the officer furnishes the agency with the name of the applicant or recipient under specified circumstances; and

Whereas, conducting a criminal background check on applicants for or recipients of public assistance benefits is necessary in order to ensure compliance with federal laws prohibiting a fleeing felon or probation or parole violator from receiving public assistance benefits; and

Whereas, the apprehension of individuals by law enforcement may be necessary to protect and safeguard the public; and

Whereas, State agencies administering the program may have or receive information that is necessary for a law enforcement agency to conduct the official duties of the agency, and the location or apprehension of the applicant or recipient is within a law enforcement agency's official duties; Now, therefore,

The General Assembly of North Carolina enacts:

SECTION 1.  Part 1 of Article 2 of Chapter 108A of the General Statutes is amended by adding the following new section to read:

"§ 108A-26.1.  Information sharing of outstanding arrest warrant of applicant for or recipient of program assistance.

(a)        A county department of social services shall notify an applicant for program assistance under Part 2 or Part 5 of this Article that release of confidential information from the applicant's records may not be protected if a warrant for arrest is issued against the applicant. A county department of social services shall notify all recipients under a program of public assistance under Part 2 or Part 5 of this Article at the time of renewal of the recipient's application for such program assistance that release of confidential information from the recipient's records may not be protected if a felony or misdemeanor arrest warrant is issued against the recipient.

(b)        Notwithstanding G.S. 108A-80, and to the extent otherwise allowed by federal and State law, a county department of social services shall verify whether an applicant for or recipient of program assistance under Part 2 or Part 5 of this Article is (i) fleeing to avoid prosecution, custody, or confinement after conviction, under the laws of the place from which the individual flees, for a crime, or an attempt to commit a crime, which is a felony under the laws of the place from which the individual flees or (ii) violating a condition of probation or parole imposed under federal or State law, by ensuring that the criminal history of an applicant, or of a recipient at the time of benefits renewal, is checked. A county department of social services shall conduct the criminal history check necessary to verify whether an applicant is a fleeing felon or a probation or parole violator utilizing all currently accessible databases to the extent permitted by allocated county and state resources. Counties are not required to allocate funds for this program but are authorized to do so on a voluntary basis.

(c)        Nothing in this section shall be construed to authorize the disclosure of any information otherwise protected by State or federal law or regulation.

(d)        This section applies to applicants for or recipients of program assistance under Part 2 or Part 5 of this Article only.

(e)        The Social Services Commission shall adopt rules regarding (i) the sharing of information between county departments of social services and local law enforcement agencies, (ii) the accuracy of information shared pursuant to this section, and (iii) any other rules the Commission deems necessary to implement this section. The Secretary of the Department of Health and Human Services shall oversee implementation of these rules.

(f)         The Secretary of the Department of Health and Human Services shall promote cooperation among State and local agencies to perform the functions described in this section. The Department of Health and Human Services shall cooperate and collaborate with the Office of the State Controller, the Administrative Office of the Courts, and the Department of Public Safety to develop protocols to implement this section.

(g)        Annually, on April 1, each county department of social services shall report to the Department of Health and Human Services on the number of individuals who are denied benefits under this section during the preceding calendar year.

(h)        Annually, on May 1, the Department of Health and Human Services shall report to the Joint Legislative Oversight Committee on Health and Human Services of the General Assembly on the number of individuals who are denied assistance under this section. The report shall include a breakdown by county."

SECTION 2.  Part 1 of Article 2 of Chapter 108A of the General Statutes is amended by adding the following new section to read:

"§ 108A-26.2.  Fleeing felon, or parole or probation violator; eligibility for program assistance; federal approval; review by department.

(a)        Subject to subsection (b) of this section, a department of social services shall not grant public assistance under Part 2 or Part 5 of Article 2 of Chapter 108A of the General Statutes if the department receives information described in G.S. 108A-26.1 that the applicant for or recipient of program assistance is subject to arrest under an outstanding warrant arising from a charge of violating conditions of parole or probation or from a felony charge against that applicant or recipient in any jurisdiction. This section does not affect the eligibility for assistance of other members of the applicant's or recipient's household. An applicant or recipient described in this section is eligible for program assistance, if all other eligibility criteria of the law are met, when the applicant or recipient is no longer subject to arrest under an outstanding warrant as described in this section.

(b)        If federal approval is required in order to prevent the loss of federal reimbursement as a result of the application of this section to an applicant for or recipient of program assistance, the Department of Health and Human Services shall promptly take any action necessary to obtain federal approval."

SECTION 3.  Part 2 of Article 4 of Chapter 114 of the General Statutes is amended by adding the following new section to read:

"§ 114-19.33.  Criminal record checks of applicants for or recipients of program assistance.

The Department of Justice may provide to a county department of social services from the State and National Repositories of Criminal Histories the criminal history of any person who applies for program assistance under Part 2 or Part 5 of Article 2 of Chapter 108A of the General Statutes. The county department of social services shall provide to the Department of Justice, along with the request, a form signed by the applicant or recipient acknowledging receipt of the notification required by G.S. 108A-26.1(a) and any identifying information required by the State and National Repositories and any additional information required by the Department of Justice. Except as provided under G.S. 108A-26.1, the county department of social services shall keep all information obtained pursuant to this section confidential."

SECTION 4.  This act becomes effective July 1, 2013.