Section 202 of P.L. 104-193 requires SSA to provide certain information about fugitive felons and parole/probation violators to a Federal, State, or local law enforcement (LE) officer in specific circumstances when requested. The information request must be in writing. The disclosure of information under this provision applies only to SSI recipients, and does not include disclosure of Federal tax return information.

The written request from the LE officer must be on the law enforcement agency's letterhead and include the following:

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  the name of the individual being sought and enough other information to identify them;

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  a statement that the person is an individual described in SI 00530.005;

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  a statement that the individual has information necessary for the officer to conduct their official duties; and

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  a statement that the officer's official duties include the location or apprehension of the individual.

SSA must then determine whether the individual that the LE officer is seeking is an SSI recipient. For purposes of releasing information to a LE officer under this provision, consider individuals in payment suspense status (e.g., PS codes E01, E02, N01, N02, N03, N04, N05, N06, N20, S06, S07, S08, S09, S10, etc.) to be current SSI recipients. Do not release information under this provision on an individual who is an SSI claimant, and who has not yet been determined eligible, or on an SSI claimant who has been denied eligibility (including DS codes N01, N02, N03, N04, N06, N07, N13, N17, and PS code T51). Do not release information under this provision on an individual whose benefits have been in suspense for more than 12 consecutive months (PS code T31).

When the written request meets the requirements above, SSA must provide the law enforcement officer with the recipient's SSN, current address, and photograph (if available in SSA's records).

IMPORTANT: You may provide the information above to an LE officer as soon as you receive the written request, verify that it complies with the law as described above, and determine that the individual is an SSI recipient. Follow the procedure in SI 00501.055B.1. Refer to the instructions in SI 00530.410 before taking any action to suspend or deny the benefits of an individual described in SI 00530.005 based upon information received from a LE officer.

When a Federal, State or local law enforcement (LE) agency contacts a TSC or SPIKE unit to report an individual who is fleeing to avoid prosecution, or custody or confinement after conviction, for a crime as described in SI 00530.005, or is violating a condition of probation or parole, advise the LE officer that the report must be in writing on the LE agency's letterhead, and must include all of the items listed in SI 00501.055A.

CAUTION: Do not give out the information requested by the caller. Provide the caller with the address of the servicing FO for the LE agency, since the LE officer may not know the claimant's SSN and address.

If a third party who is not a LE officer contacts you about someone who may be a fugitive felon or a probation or parole violator, take the information (claimant's name, SSN if known, address, and any information the caller can provide about the claimant's status as a felon including the jurisdiction they are fleeing from, if known) and forward it to the servicing FO via Modernized Development Worksheet (MDW).