GN BOS02607.360 Identifying Sexually Dangerous Persons
Section 402 of the Work Incentives Act of 1999 provides for the suspension of title II benefits of those individuals who meet all of the following criteria:
The individual had to have been confined in a jail, prison, or other state penal facility pursuant to a conviction of a criminal offense, and
The criminal offense had to be related to a sexual activity, and
Upon completion of the conviction/sentence, the individual was immediately transferred and confined in an institution under a civil commitment (i.e. a court order) because the individual was determined to be a sexually dangerous person (SDP).
B. POLICY - IDENTIFYING SEXUALLY DANGEROUS PERSONS
1. Identifying States that Have Sexually Dangerous Persons Laws
Massachusetts is the only state in the Boston Region that has a statute that allows for the civil commitment of an individual upon completion of a criminal sentence because he/she has been determined to be an SDP.
2. Identifying Institutions or Agencies that Confine Sexually Dangerous Persons
The Massachusetts Treatment Center (MTC) is the only institution in the Boston Region where SDPs are confined. The MTC is located on the grounds of Bridgewater State Hospital and the address is: Massachusetts Treatment Center
30 Administration Road
Bridgewater, MA 02324-3230
The facility identification code (FID) for the MTC is MA0016.
3. Identifying Sexually Dangerous Persons Reported by 3MAP
The Massachusetts Department of Corrections (3MAP) reports new admissions to the MTC on their regular monthly prisoner reports. These reports include:
Individuals who have been convicted recently and are serving “regular” sentences for criminal offenses ;
Individuals who have been convicted but who have finished serving their “regular” sentences and who were transferred to MTC under a court ordered civil commitment; and
Individuals who are under a court ordered civil commitment, not in connection with a crime (i.e. who have not been convicted).
When developing a PUPS alert for an individual at the MTC, use routine verification procedures for 3MAP to determine why the individual is confined at the MTC.
If an individual is confined based on a criminal conviction and is serving his sentence at MTC (GN BOS02607.360B.3.a.), suspend benefits using routine prisoner suspension provisions.
If an individual is confined at the MTC under a court ordered civil commitment (GN BOS02607.360B.3.b and c.) contact the Regional Prisoner Coordinator before taking any action.
NOTE: If an individual is confined at the MTC under a court ordered civil commitment (B.3.b and B.3.c above), the individual is assigned a 3MAP inmate number beginning with an “M”.
4. Identifying Sexually Dangerous Persons Who Have Completed Their Criminal Confinement
Usually anyone who meets the SDP suspension criteria will already have his/her benefits suspended under the routine prisoner suspension rules (LAF S7 RFST PRISON). This is true because the first criteria for SDP suspension is that the individual has to have been confined in a jail, prison, or other state penal facility pursuant to a conviction of a criminal offense.
Before reinstating benefits to anyone whose benefits have been suspended under routine prisoner provisions, you should ask the beneficiary for his/her current mailing and residence address. If the current mailing or residence address is the MTC (MA0016), you must determine if the individual meets the SDP suspension criteria outlined in GN BOS02607.360A.
If benefits cannot be reinstated because the individual now meets the SDP suspension criteria, send a Prisoner 795 FAX sheet to the appropriate PSC requesting that the RFST code be changed from PRISON to PREDTR.
5. RSFT Code
An RFST code of PREDTR is displayed in the BENEFIT line of the MBR for all individuals whose benefits are suspended because they meet the suspension criteria outlined in A. above.
C. PROCEDURE - REINSTATEMENT OF BENEFITS
To reinstate an SDP's benefits, follow the instructions in GN 02607.854A.
Contact the Regional Prisoner Coordinator for any questions concerning SDPs and the suspension and/or reinstatement of their benefits.