WHEREAS, states shall not use federal grants under the Temporary Assistance for Needy Families program to assist an individual who is:
(i) fleeing to avoid prosecution, or 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 (hereinafter, a “fleeing felon”), or
(ii) violating a condition of probation or parole imposed under federal or state law; and
WHEREAS, federal law shall not prevent the states from providing federal, state or local law enforcement with applicant information upon request if certain conditions are met; and
WHEREAS, the State has invested in criminal justice information systems to provide centralized access to criminal information in accordance with federal and State law.
NOW, THEREFORE, pursuant to the authority vested in me as Governor by the Constitution and laws of the State of North Carolina, IT IS ORDERED:
Section 1. Compliance with Federal Law.
The Department of Health and Human Services shall ensure that county departments of social services, to the extent allowed by federal or State law, check the criminal history of a new or recertification applicant in the Work First Program or Nutrition Services Program using existing resources to verify whether an applicant is a fleeing felon or probation or parole violator.
Nothing herein shall require fingerprints to be taken of a new or recertification applicant to the Work First Program or Nutrition Services Program.
The Department of Health and Human Services shall ensure that fleeing felon and probation or parole violators are not provided Work First Program or Food and Nutrition Services Program assistance in conflict with 42 U.S.C. § 608.
An applicant’s status as a fleeing felon or probation or parole violator shall not affect the eligibility for assistance of other members of the applicant’s or recipient’s household.
Section 2. Disclosure.
The Department of Health and Human Services shall ensure that all new and recertification applicants for Work First Program or Food and Nutrition Services Program assistance are notified that if there exists an outstanding warrant for arrest of the applicant, confidential information from the applicant’s records may be disclosed to federal, state or local law enforcement officers.
Section 3. Law Enforcement.
The Department of Health and Human Services shall study how an applicant’s status as a fleeing felon or probation or parole violator may be shared with federal, state or local law enforcement officers consistent with federal and state law.
The Office of the State Chief Information Officer and the Department of Health and Human Services are directed to study and develop a plan and recommendations whereby databases containing criminal information may be queried on behalf of the Department of Health and Human Services to check the criminal history of a new or recertification applicant in the Work First Program or Nutrition Services Program and whereby databases used by law enforcement may query Department of Health and Human Services databases exclusively for information to assist state and local law enforcement in locating fleeing felons or probation or parole violators in a manner consistent with federal law.
Section 4. Effect and Duration.
This Executive Order is effective immediately and shall remain in effect until rescinded.
IN WITNESS WHEREOF, I have hereunto signed my name and affixed the Great Seal of the State of North Carolina at the Capitol in the City of Raleigh, this fourteenth day of August, in the year of our Lord two thousand thirteen, and of the Independence of the United States of America the two hundred and thirty-eighth.
Elaine F. Marshall
Secretary of State