In some cases, a private contractor operates a prison or jail under contract to Federal, State, or local penal authorities. Treat a private facility that is acting as an agent of Federal, State, or local penal authorities as a public institution for SSI purposes.

An institution is an agent when it is acting on behalf of, and with the authorization of Federal, State, or local penal authorities and is accountable to the governmental unit (i.e., is acting in the place of a governmental unit).

For a discussion of public vs. private institutions, see SI 00520.001C.2.

A prisoner may be confined in a private home, usually, but not always, their own home. Although the specifics of home confinement programs vary, they generally involve monitoring the individual’s whereabouts and some degree of restriction on the individual’s freedom of movement. Home confinement programs usually require participants to pay their own living expenses.

A private home cannot be an institution. A beneficiary who is a prisoner confined to a private home is FLA-A, FLA-B, or FLA-C, depending on the circumstances. See Federal Living Arrangement Codes, SM 01301.525.

In privately operated halfway houses or similar facilities, the prisoner typically may leave the facility during the day (e.g., to work) but is required to be confined at night.

The prisoner may be required to pay for food and shelter, or Federal, State, or local penal authorities may be responsible, either directly or through arrangements made with a third party.

A privately operated halfway house that meets the definition of an institution is treated as a public institution only when it is acting as an agent of the correctional authorities.

A facility that has the authority to physically confine offenders all or part of the time is acting as an agent of Federal, State, or local penal authorities.

Privately operated juvenile treatment centers are facilities that house young offenders who are being treated for various emotional problems. Treat a private treatment center as a public institution only when it is acting as an agent of Federal, State, or local penal authorities.

An individual who is a resident of a public penal institution throughout a month is ineligible for SSI. Absent evidence to the contrary, assume that a traditional penal institution (e.g., prison, jail) is a public institution.

Consider a privately operated prison or jail to be acting as an agent of Federal, State, or local penal authorities and treat the facility as a public institution for purposes of determining SSI eligibility. For information about acting as an agent, see Residence in an Institution, SI 00520.001C.2.

When evaluating an alternative form of incarceration that is not in a prison or jail, it is necessary to determine whether the facility is an institution, and whether it is a public (governmental) or private entity. Follow the instructions for evaluating public versus private status in SI 00520.001C.2. Be alert for situations where a private entity is acting as an agent of Federal, State, or local penal authorities.

Whether a prisoner in a private facility is actually locked up all or part of the time is important only as it relates to whether the facility is acting as an agent of a public institution. A private facility that has the legal authority to physically confine (lock up) a prisoner to the premises, is acting as an agent of Federal, State, or local penal authorities. A policy that provides that a resident must return to the facility when scheduled or risk being sent back to jail or prison is not authority to confine.

The provision of food and shelter by a penal authority is an important factor in determining whether an individual is a resident of a penal institution. By this, we mean that the facility makes substantially all food and shelter available:

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  whether or not it is used; and

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  whether or not the resident pays.

A resident of an institution is defined as someone who can receive substantially all of their food and shelter while living there (see SI 00520.001B.5.). The prisoner is not a resident of an institution if the facility does not make both food and shelter available, either directly or indirectly.

Ineligibility because of residence in a public institution continues during periods of authorized absence from a penal institution. Authorized absences include temporary or intermittent releases, such as furloughs, leaves, passes, and emergency visits.

NOTE: Furloughs can take a variety of forms. Consider the facts of each particular case when making a determination. If you encounter an unusual furlough situation without a precedent, you may need to refer the case to your regional office (RO) for assistance. When in doubt, discuss the issue with RO staff.

Authorized absences also include periods of participation in some alternatives to traditional incarceration where the provision of food and shelter (or the arrangement for such provision) remains the responsibility of the penal authorities.

Examples of such situations are:

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  prisoners who are sent to work on farms on a seasonal basis;

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  boot camp programs;

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  daily work release programs that allow individuals to work in the community during the day, but require them to return to the penal institution at night; and

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  periods as an inpatient in facilities such as hospitals and nursing homes, even if Medicaid is paying over 50 percent of the cost of care.

An individual is ineligible for SSI during periods of unauthorized absence from a penal institution (e.g., escape).