09/29/2021
Summary
- Due to Public Act 102-0178, beginning October 01, 2021 persons will no longer be ineligible for cash assistance based on conviction of a drug-related Class X or Class 1 felony or comparable federal law.
- Due to Public Act 102-0178, beginning October 01, 2021 persons will no longer be ineligible for cash assistance for 2 years following a conviction based on a drug-related felony, other than a Class X or Class 1, under Illinois or any comparable federal law.
- Changes will be made to IES Individual Demographic-Conviction/Rehabilitation page.
- Client Notice (CN 21.10/CN 21.10S) will be mailed informing them of the change in policy.
Due to Public Act 102-0178, beginning October 01, 2021 the Department of Human Services will no longer find persons convicted of drug-related felonies ineligible for cash assistance.
Convicted of a Drug-Related Class X or Class 1 Felony
Cash eligibility is allowed when a person has been convicted of a Class X or Class 1 felony or comparable federal law for acts that occurred on or after 08/22/1996 involving possession, use, or distribution of a controlled substance.
Convicted of Drug-Related Felony other than Class X or Class 1
A person convicted of drug-related felony, other than a Class X or Class 1, under Illinois or any comparable federal law for an act that occurred on or after 08/22/1996 may receive cash assistance, if all eligibility factors are met. They are not required to complete or participate in a drug treatment or drug after care program after the conviction to be determined eligible for cash.
IES
On October 01, 2021 IES will receive the following updates to cases identified as having a record of an individual coded for a drug-related felony:
- The Individual Demographics CSCD date will be changed to October 01, 2021.
- Individual Demographics-Conviction/Rehabilitation page:
- The field "Has the individual had a felony drug conviction?" will be disabled and set to "No". Existing cases with this question marked "Yes" will be set to "No".
- Eligibility will run to assess individuals for TANF eligibility that were coded as having a felony drug conviction. If eligible the individual will be added to the TANF EDG.
- A case comment will be posted with the following message: "Update made to Individual Demographics - Conviction/Rehabilitation. Question: Has the individual had a felony drug conviction? Set to NO. Per Public Act 102-0178".
- A list of TANF cases requiring immediate case management contact will be distributed to the Regional Offices.
- Instructions for case management contact can be found in the Policy Memo published 09/29/2021 End of Good Cause for TANF Work and Training Due to COVID-19.
Client Notice
A Client Notice (CN 21.10/CN 21.10S) will be sent to TANF customers that have an individual in the household that is ineligible for TANF due to a drug-related felony conviction.
Form 2378B
The Request for Cash Assistance-Medical Assistance-Supplemental Nutrition Assistance Program (SNAP) form 2378B will be changed to remove the drug-related felony questions. The Clients Rights and Responsibilities on form 2378B will have the drug-related felony conviction policy removed.
Form 1893
The Medical, Cash and SNAP Redetermination Notice form 1893 has been changed to remove the drug-related felony question for persons receiving cash from the Department of Human Services.
Manual Revisions:
WAG 03-23-02 (Obsoleted)
WAG 03-23-03 (Obsoleted)
[signed copy on file]
Grace B. Hou
Secretary, Illinois Department of Human Services
Form Referenced
Form 2378B
Form 1893
CN 21.10/CN 21.10S
