GN KC02607.360 Identifying Sexually Dangerous Persons (TN 7 – 10/2004)

A. BACKGROUND

Section 402 of the Work Incentives Act of 1999 provides for the suspension of title 11 benefits of those individual who meet all of the following criteria (GN 02607.700):

  • 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). The state must have enabling legislation providing for a continued confinement of SDP upon completion of his/her sentence.

B. Policy -- Identifying Sexually Dangerous Persons

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. The status of each State in the Kansas City region is as follows:

1. Iowa

The State of Iowa has laws expressly providing for court ordered confinement of sexually dangerous individuals. The State of Iowa enacted chapter 229A, the Commitment of Sexually Violent Predators Act (SVP) statute), effective July 1, 1998.

The facility where Sexually Dangerous Persons are confined in the state of Iowa has changed to CCUSO. The address is as follows:

Civil Commitment Unit for Sexual Offenders
1251 West Cedar Loop
Cherokee, Iowa 51012
(712) 225-6943

2. Kansas

The State of Kansas has laws expressly providing for court ordered confinement of sexually dangerous individuals. The Kansas Sexually Violent Predator (SVP) Act,

K.S.A § 59-29a01 et seq., was approved May 9, 1994, and took effect “after its publication in the Kansas register.” 1994 Kansas Laws Ch. 316, § 16 (S.B.525).

The Larned State Hospital is the only facility in the State where SDPs are confined. The address is as follows:

Larned State Hospital
RR3, Box 89
Larned, KS 67550

3. Missouri

The State of Missouri has laws expressly providing for court ordered confinement of sexually dangerous individuals. The Missouri Sexually Violent Predator (SV) Act, modeled after the Kansas law, was passed by the Missouri General Assembly in 1998, and went into effect January 1, 1999. Missouri Statutes (V.A.M.S.) §§ 632.480-632.513.

The Missouri Sexual Offender Treatment Center is the only facility in the State where SDPs are confined. The address is as follows:

Missouri Sexual Offender Treatment Center
1016 W Columbia
Farmington, MO 63640

4. Nebraska

The State of Nebraska has laws expressly providing for court ordered confinement of sexually dangerous individuals. Neb. Stat. Ann. § 83-1009 provides for confinement of a person found to be “mentally ill and dangerous.” There is currently no statute specifically ordering continuing confinement of a person found to be “sexually dangerous” or a “sexual predator” after his or her prescribed period of confinement is over.

The Lincoln Regional Center is the only facility in the State of Nebraska where SDPs are confined.

The address is as follows:

Lincoln Regional Center
P O Box 94949
Lincoln, NE 68509

C. Identifying Sexually Dangerous Persons Who Have Completed Their Criminal Confinement

Usually anyone who meets the SDP suspension criteria will generally 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 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 one of the institutions mentioned above, you must determine if the individual meets the SDP suspension criteria outlined in GN KC02607.360A.

If benefits cannot be reinstated because the individual now meets the SDP suspension criteria, send a prisoner 2795 FAX to the appropriate PSC requesting that the RFST code be change