The individual is a defendant in a criminal case and the court has ordered that the
individual be hospitalized at BSH for observation and examination in order to determine
if the individual is not competent to stand trial (IST) or not guilty by reason of
If the individual is currently confined under MGL 123 Section 15(b), do not suspend
his Title II benefits. The individual is confined in connection with a crime, but
has not yet been committed by court order.
If the individual has not been released:
Clear the alert with a Type of Action “TRIAL PENDING” on the PU02 screen in PUPS.
Add 30 days to the current date and enter this date in the EXPECTED TRIAL DATE field.
Contact the Central Records Department again after 30 days have elapsed to determine
the individual’s current status.
If the individual is still undergoing pre-trial evaluation, add another 30 days to
the current date and repeat this diary action until a final determination is made
on the case.
If the individual has been released to another correctional facility, contact that
facility for additional information and take the appropriate action on the PUPS alert.
If the individual has been released and is not currently confined in another facility,
clear the PUPS alert as a NO SUSPENSION.
EXAMPLE: You receive a PUPS alert on April 4, 2017, indicating that Joe Evans was confined
to BSH on March 12, 2017. You contact BSH and verify the date of confinement and determine
that Joe was confined under MGL 123 Section 15(b) and was not released. You clear
this alert “TRIAL PENDING” and enter May 4, 2017 in the “EXPECTED TRIAL DATE” field.
On May 4, 2017, you contact the Central Records Department again to ascertain Joe’s
current status. You learn that on April 16, 2017, Joe had a court hearing and was
officially determined IST under MGL 123 Section 16(b). Joe immediately returned to
See GN BOS02607.650C.3.e. You should now take action to suspend Joe’s Title II benefits. Use an ACTION EFFECTIVE
DATE” of April 2017 (the date of the court determination of IST) and use “MENTAL”
on the PU02 screen for the confinement type.
EXAMPLE: You receive a PUPS alert on April 26, 2017, indicating that John was confined to
BSH on March 12, 2017. You contact the Central Records Department and verify the date
of confinement and determine that John was confined under MGL 123 Section 15(b) but
was released to the Essex County Correctional Facility on April 6, 2017 when a court
determined that John was competent to stand trial.
The Essex County Correction Facility verifies that John has been confined at the facility
since April 6, 2017, pending trial scheduled for May 15, 2017. You clear this alert
“TRIAL PENDING” and enter May 15, 2017, in the “EXPECTED TRIAL DATE” field.