EXAMPLE 1: Home Confinement
John, who is receiving SSI disability benefits, is convicted and sentenced to three
months home confinement in their own home where John lives alone. Although John is
not allowed to leave home at all, even to seek work, the Bureau of Prisons does not
pay John's rent and the cost of John's food.
Determination: Because a private home cannot be considered an institution, John is not considered
to be a resident of a public institution and would not be N02 or N22. John is in FLA-A.
For a list of SSI payment status codes, see “Payment Status Codes” (SM 01305.001).
EXAMPLE 2: Halfway House
Sam is convicted of a non-violent crime but the law mandates a minimum of one-year
incarceration. After serving six months, Sam is transferred to a private facility
designed to transition non-violent criminals back into the community. The prisoners
are allowed to leave the facility during the day to work or seek employment but are
confined behind locked doors at night. If they find work, they will pay all or part
of the $20 daily food and shelter charge, depending on the amount of their verified
income.
Determination: The correct determination in this situation is N22. Since the facility has the authority
to lock up the prisoners at night, we know it is acting as an agent of the penal authorities.
Even if Sam finds a good job and pays all of the cost of their food and shelter, Sam
is still N22 because as long as Sam is at the facility, the facility will provide
food and shelter even if Sam stops paying.
EXAMPLE 3: Treatment Facility
Jimmy, a 20-year old, is convicted of a third offense of stealing a car. After a psychological
examination and a background check, a decision is made to place Jimmy in a private
treatment center for emotional and developmental problems. The residents' treatment
plans stipulate that they should not leave the facility, but they are not physically
confined. The facility is a private entity that is being paid by the prison system
to provide care and treatment for Jimmy. Contact with the facility reveals that the
prison system does not exercise any administrative or fiscal control over this facility
and that none of the facility’s staff are government employees. It is not licensed
as a medical treatment facility for purposes of Medicaid coverage, so the $30 payment
limit (FLA-D) cannot apply.
Determination: Jimmy is FLA-A. N02 or N22 is not the correct determination because Jimmy is not
in a public institution and there is no indication that the facility is acting as
an agent of the prison. The value of the food and shelter provided to Jimmy is ISM
under the presumed maximum value (PMV) rule. The ISM is countable because payment
by the prison system for Jimmy's food and shelter is a result of the sentencing process
and is not considered a social service. (For information about medical and social
services, see SI 00815.050.)