Reinstate benefits when the court determines the individual is sane (competent) and
able to stand trial. Do not withhold the individual's benefits while he/she is awaiting
re-trial for the original criminal offense. This is true even if the individual remains
incarcerated until his/her new trial. Suspend benefits when and if the court convicts
the individual of a criminal offense and the individual would remain in a correctional
institution for more than 30 continuous days.
Bob is found incompetent to stand trial and confined to a mental institution, under
court order, in connection with that finding. He is later found "sane" (competent).
He is released from the institution and remanded to court to stand trial. Although
Bob is still confined to jail pending his re-trial, benefits may be reinstated the
first full month after his release from the mental institution. In this example, Bob
was not convicted of any crime. The mental institution where he was confined, under
court order, has officially released him and they are no longer meeting his basic
living needs. If Bob is later convicted, his benefits will be suspended.
Joan is found incompetent to stand trial and confined to a mental institution, under
court order, in connection with that finding. She is later found un-restorable to
competency and civilly (or voluntarily) committed. She is now considered an "NGRI"
beneficiary. Benefits cannot be reinstated until she is no longer under the care and
supervision of the mental institution and the mental institution stops meeting her
basic living needs. Although the court dropped all criminal charges against her, benefits
will not be reinstated.