GN CHI02607.360 Identifying Sexually Dangerous Persons (RTS 2-001 - 04/2003)

A. Background

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 (GN 02607.350):

  • 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

SSA will only enforce the sexually dangerous nonpayment provisions in those states that have formal laws expressly providing for court ordered confinement of sexually dangerous individuals. In the Chicago Region, Illinois, Minnesota, and Wisconsin have such laws. The status of each state in the Chicago Region is as follows:

a. Illinois

The State of Illinois has laws expressly providing for court ordered confinement of sexually dangerous individuals. The legal citations are Ill. Ann. Stat. Ch. 725, paragraphs 205/1.01, 205/8, 297/5, and 207/40 (with provisions for commitment of both “sexually dangerous persons” and “sexually violent persons”).

b. Indiana

The State of Indiana does not have a law expressly providing for court ordered confinement of sexually dangerous individuals. While a convicted sex offender who has completed a prison term may be institutionalized based on a finding that he or she is mentally ill and dangerous, this does not meet the legal requirement for suspension as a sexually dangerous person as defined in GN 02607.350.

c. Michigan

The State of Michigan does not have a law expressly providing for court ordered confinement of sexually dangerous individuals. While a convicted sex offender who has completed a prison term may be institutionalized based on a finding that he or she is mentally ill and dangerous, this does not meet the legal requirement for suspension as a sexually dangerous person as defined in GN 02607.350.

d. Minnesota

The State of Minnesota has laws expressly providing for court ordered confinement of sexually dangerous individuals. The legal citations are Minn. Stat. Ann., sections 253B.185, 609.1351 (commitment of persons with sexual psychopathic personalities and sexually dangerous persons).

e. Ohio

The State of Ohio does not have a law expressly providing for court ordered confinement of sexually dangerous individuals. While a convicted sex offender who has completed a prison term may be institutionalized based on a finding that he or she is mentally ill and dangerous, this does not meet the legal requirement for suspension as a sexually dangerous person as defined in GN 02607.350.

f. Wisconsin

The State of Wisconsin has laws expressly providing for court ordered confinement of sexually dangerous individuals. The legal citations are Wis. Stat. Ann., sections 980.01, 980.02, 980.06, 980.065 (commitment of a “sexually violent person”).

2. Identifying Institutions or Agencies that Confine Sexually Dangerous Persons

a. Illinois

Individuals who were confined as sexually dangerous persons at the time the law went into effect have been identified and benefits have been suspended where appropriate. New individuals meeting these suspension criteria are reported to SSA by the Illinois Department of Human Services, Office of Mental Health (Reporter Identification Code 2392).

b. Minnesota

Individuals who were confined as sexually dangerous persons at the time the law went into effect have been identified and benefits have been suspended where appropriate. New individuals meeting these suspension criteria are reported to SSA by the Minnesota Department of Human Services (Reporter Identification Code 4249)

c. Wisconsin

Individuals who were confined as sexually dangerous persons at the time the law we