Section 402 of the Work Incentives Act of 1999 provides for the suspension of title II benefits of those individuals who meet all of the following criteria, see GN 02607.700:

1. 1. 

   The individual had to have been confined in a jail, prison, or other state penal facility pursuant to a conviction of a criminal offense, and

2. 2. 

   The criminal offense had to be related to a sexual activity, and

3. 3. 

   Upon completion of the conviction/sentence, the individual was immediately transferred and confined in an institution under a civil commitment (i.e. a court order) because the individual was determined to be a sexually dangerous person (SDP). The state must have enabling legislation providing for the continued confinement of SDP upon completion of their sentence.

Usually anyone who meets the SDP suspension criteria will already have benefits suspended under the routine prisoner suspension rules (LAF S7 RFST PRISON). This is true because the first criteria for SDP suspension is that the individual has to have been confined in a jail, prison, or other state penal facility pursuant to a conviction of a criminal offense.

Before reinstating benefits to individuals confined in the District of Columbia or Virginia whose benefits are suspended under routine prisoner provisions, you should ask the beneficiary for both a current mailing and a residence address. If the current mailing or residence address is a mental institution, you must determine if the individual meets the SDP suspension criteria outlined in GN 02607.350.

If reinstatement of benefits cannot occur because the individual now meets the SDP suspension criteria, send a Prisoner 2795 FAX to the appropriate PSC requesting to change the RFST code to PREDTR per GN 02607.995.

The BENEFIT line of the MBR displays an RFST code of PREDTR for all individuals whose benefits are suspended because the individual meets the suspension criteria outlined in GN PHI02607.360A.

To reinstate an SDP's benefits, follow instructions in GN 02607.854. Contact the Regional Prisoner Coordinator for any questions about SDPs and the suspension and/or reinstatement of SDPs benefits.