GN PHI02607.360 Identifying Sexually Dangerous Persons (TN 02 - 01/2012)
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 02607.700 ):
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 the continued confinement of SDP upon completion of their sentence.
B. Policy - identifying sexually dangerous persons
1. Identifying states that have sexually dangerous persons laws
In the Philadelphia Region, the District of Columbia and Virginia allow the civil commitment of an individual upon completion of a criminal sentence because he or she has been determined to be an SDP.
2. Identifying institutions or agencies that confine sexually dangerous persons
District of Columbia
St. Elizabeth Hospital (Reporter Identification Code 1650) reports individuals confined as sexually dangerous persons in the District of Columbia to SSA.
The Department of Behavioral Health and Developmental Services (Reporter Identification Code 8452) reports individuals confined as sexually dangerous persons in the State of Virginia to SSA.
C. Identifying sexually dangerous persons who have completed their criminal confinement
Usually anyone who meets the SDP suspension criteria will already have his or 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 individuals confined in the District of Columbia or Virginia whose benefits are suspended under routine prisoner provisions, you should ask the beneficiary for his or her current mailing and residence address. If the current mailing or residence address is a mental institution, you must determine if the individual meets the SDP suspension criteria outlined in GN 02607.350.
If reinstatement of benefits cannot occur because the individual now meets the SDP suspension criteria, send a Prisoner 2795 FAX to the appropriate PSC requesting they change the RFST code to PREDTR (see GN 02607.995).
The BENEFIT line of the MBR displays an RFST code of PREDTR for all individuals whose benefits are suspended because they meet the suspension criteria outlined in GN PHI02607.360A.
D. Procedure - reinstatement of benefits
To reinstate an SDP's benefits, follow instructions in GN 02607.854. Contact the Regional Prisoner Coordinator for any questions about SDPs and the suspension and/or reinstatement of their benefits.