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.