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The purpose of this GIS is to notify the social service districts of the resumption of computer matching for fleeing felons and probation and parole violators. Included under this revised process are three new closing codes for Temporary Assistance (TA) and Food Stamp (FS) cases and a revised definition of what constitutes a fleeing felon. This revised definition applies to both programs.
The recent court decision in Fowlkes v. Adamec issued by the Second Circuit of the United States Court of Appeals necessitated some changes to the computer matching process used for fleeing felons and probation and parole violators. Under the Fowlkes decision, the court acknowledged a fleeing felon to exist only when a court or tribunal had determined a person to have escaped, or to be fleeing to avoid prosecution, or custody or confinement for a felony or an attempted felony. In addition, the court also held the term ‘‘fleeing’’ to mean ‘‘the conscious evasion of arrest or prosecution.” Thus, for the Agency to take adverse action against an individual described in the Social Security Act as ‘‘fleeing to avoid prosecution, custody, or confinement,’’ the Agency must have some evidence that the individual knew his or her apprehension was sought.
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