The Social Security Act prohibits payment to a beneficiary who a court finds is a
sexually dangerous person or a sexual predator based on State law. State laws generally
have the following requirements for considering a person an SDP:
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a conviction for a sexually violent crime, or conduct that would be a crime;
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a mental abnormality or personality disorder (pedophilia, rape, etc.); and
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the offender is likely to reoffend unless confined in a secure facility (mental institution
or special commitment center (SCC))
We enforce the SDP nonpayment provision only in those states that have laws expressly
providing for court ordered confinement of SDPs. If you are unsure whether a state
has an SDP law, contact your regional prisoner coordinator (RPC). The RPC will contact
the Office of General Counsel (OGC) for state-specific SDP laws, if necessary. For
a list of RPCs, see GN 02607.990A.2.
Before a court declares a beneficiary sexually dangerous or a sexual predator, it
conducts a psychological evaluation to make this determination. When the court finds
that the beneficiary is sexually dangerous or a predator, it generally orders the
beneficiary confined to a mental institution or SCC immediately upon completion of
their criminal sentence.