TN 10 (10-09)

PR 06805.053 Washington

A. PR 09-175 Documentation required in Washington State to revoke the conditional release of an individual found not guilty by reason of insanity

DATE: July 7, 2009

1. SYLLABUS:

This opinion provides information on which entity in the State of Washington has the legal authority to revoke conditional release status for a re-confined mentally disabled individual. The agency looks to state law to determine when a conditional release is revoked. Under state law, only a Superior Court for the State of Washington may revoke a conditional release and order an individual to be re-confined to a state mental institution. Thus, Social Security benefits may not be suspended until such a court order has been issued.

2. OPINION

QUESTION

Whether Washington state law allows the Department of Corrections to revoke a conditional release of an individual from a state mental institution for the criminally insane or whether a formal judicial order is required. This question arises in connection with a need to determine if a disability insurance beneficiary’s benefits should be suspended.

ANSWER

Only a Superior Court for the State of Washington may revoke a conditional release and order an individual to be re-confined to a state mental institution. The Department of Corrections does not have the authority to revoke a conditional release. Thus, disability insurance benefits may not be suspended until a court order has been issued.

SUMMARY OF EVIDENCE

The individual (beneficiary) receives disability insurance benefits. In 1987, the beneficiary was found not guilty of first degree murder by reason of insanity and was committed to the state mental institution for the criminally insane for a maximum term of life or such period of time deemed necessary by the Secretary of the Department of Social and Health Services. In 1999, the Superior Court approved the conditional release of the beneficiary. In 2009, the Washington State Department of Corrections apprehended the beneficiary and re-confined him at Eastern State Hospital for violation of the terms of his conditional release.

ANALYSIS

The Social Security Administration must suspend the disability insurance benefits of an individual “confined by court order in an institution at public expense in connection with . . . a verdict or finding that the individual is not guilty of [a crime] by reason of insanity.” 42 U.S.C. § 402(x)(1)(A)(ii). In cases of re-confinement following a conditional release, the agency must ascertain whether the individual is confined “by court order.” 42 U.S.C. § 402(x)(1)(A)(ii); see also Program Operations Manual System (POMS) GN 02607.310(A)(3). As procedures for re-confinement vary, the agency looks to state law to determine when a conditional release is revoked. POMS GN 02607.310(A)(3).

The Department of Correction may re-confine an individual who was conditionally released on the belief that the terms of a release have been violated, but may do so only “until such time as a hearing can be scheduled. . . .” Wash. Rev. Code § 10.77.190(2). This hearing must be held in the Superior Court for the State of Washington. Wash. Rev. Code § 10.77.190(4); see also Wash. Rev. Code § 2.08.010. The court, not the Department of Corrections, will determine the facts and determine whether to revoke the conditional release. Wash. Rev. Code § 10.77.190(4).

In this matter, the beneficiary has been re-confined by the Department of Corrections. No court order has been issued. Accordingly, until a court order has been issued, the beneficiary’s benefits may not be suspended.

CONCLUSION

Under Washington law, a court order is required to revoke a conditional release of an individual who has been confined in a state mental institution for the criminally insane. Because the beneficiary’s conditional release has not been revoked by court order, the agency may not suspend benefits.


To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/1506805053
PR 06805.053 - Washington - 10/13/2009
Batch run: 04/25/2016
Rev:10/13/2009