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If the beneficiary can only provide information on the classification of the crime
(OFFENSE TYPE), not whether the crime was nonviolent or not drug related or violent
or drug related, the State criminal code information can be found on the internet.
The individual State criminal codes will provide written descriptions of the different
categories of crimes that a State enforces and the penalty (sentencing guidelines)
for the criminal offense, if convicted of the offense. The internet is the best source
for finding the individual State criminal codes or State penal code. The State that
issued the warrant should be indicated on the FFWQ screen.
Internet location:
www.legallawhelp.com/legal_law_channels/criminal_law/codes_by_state.html
Criminal Codes
Choose the State where the crime occurred as indicated by the FFWQ.
Go to the State on the site (select the State)
--Search through the topics until you find the classification for the crime on the
warrant
--Read the description under the criminal classification. If the description includes
language containing the following words:
“threatening, attempting, or actually using physical force against a person” then
the crime can be classified as violent.
(See example of description of the classification of the crime in the Example below.)
--Search the topics under the State law for punishments or sentences
--Locate the sentence or punishment for the classification of the crime.
Example: “Class B felony carries a sentence of 2 to 5 years.”
This indicates the crime was a felony type crime. (i.e., a crime carries a penalty
or death or confinement or more than 1 year)
You have identified that the crime was violent crime and that the sentence was confinement
greater than 1 year or a felony.
EXAMPLE:
State Criminal Code: Alaska
Classification of Crime: Murder in the First Degree
Excerpt from Website under Alaska
AS 11.41.100. Murder in the First Degree.
(a) A person commits the crime of murder in the first degree if
(1) with intent to cause the death of another person, the person
(A) causes the death of any person; or
(B) compels or induces any person to commit suicide through duress or deception;
(2) the person knowingly engages in conduct directed toward a child under the age of
16 and the person with criminal negligence inflicts serious physical injury on the
child by at least two separate acts, and one of the acts results in the death of the
child;
(3) acting alone or with one or more persons, the person commits or attempts to commit
a sexual offense against or kidnapping of a child under 16 years of age and, in the
course of or in furtherance of the offense or in immediate flight from that offense,
any person causes the death of the child; in this paragraph, "sexual offense" means
an offense defined in AS 11.41.410 - 11.41.470 ;
(4) acting alone or with one or more persons, the person commits or attempts to commit
criminal mischief in the first degree under AS 11.46.475 and, in the course of or in furtherance of the offense or in immediate flight from
that offense, any person causes the death of a person other than one of the participants;
or
(5) acting alone or with one or more persons, the person commits terroristic threatening
in the first degree under AS 11.56.807 and, in the course of or in furtherance of the offense or in immediate flight from
that offense, any person causes the death of a person other than one of the participants.
(b) Murder in the first degree is an unclassified felony and is punishable as provided
in AS 12.55 .
The OFFENSE TYPE is Murder and the charge is a felony crime and is violent. Therefore,
suspension of benefits would apply.
Annotate the OFFENSE TYPE to the FFWI screen using the update function when you obtain
the OFFENSE TYPE.
Continue processing per GN 02613.025C.6.b.
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