TN 1 (01-05)
SI 00530.260 Law Enforcement Unwilling to Act on Warrant
NOTE: On April 1, 2009, SSA changed its policy of not paying fleeing felons. Follow the instructions below only for felony warrants with offense codes 4901, 4902, or 4999. Follow the Martinez settlement instructions in GN 02613.860 – GN 02613.885 for all other felony warrant codes.
On May 9, 2011, SSA changed its policy and no longer suspends or denies benefits or payments based solely on a probation or parole violation warrant (i.e., warrants with offense codes 5011, 5012, 8101, 8102, or 9999 or “Blank” and an offense charge symbol of “probation or parole violation”). Follow the Clark Court Order instructions in GN 02615.100 – GN 02615.190 for all probation or parole violation warrants.
We will make additional changes to this section, as necessary, in the future.
A. When to use
Use these instructions together with instructions in SI 00530.230 covering systems input when the OIG OI-5D indicates that the SSI recipient was positively identified as the wanted individual but the law enforcement agency holding the warrant is unwilling to act on the warrant. Many factors lead to an agency’s decision on whether or not to act on a warrant. An example of a case in which an agency may choose not to act on a warrant is when the individual has moved to another State and the State holding the warrant cannot afford to bear the expense of extraditing the individual. Despite a law enforcement agency's decision not to pursue apprehension, the warrant remains active unless it is satisfied or otherwise rendered ineffective. Refer to SI 00530.015B.2. to determine if discretionary good cause is applicable. OIG will provide applicable warrant information.
Review all information provided by OIG and, if applicable, find good cause per SI 00530.015. Otherwise, suspend SSI benefits effective with the first day of whichever of the following months is earlier:
The month in which the warrant is issued, or in which the court order or decision, or order or decision by an appropriate agency (e.g., parole board) is issued which finds that the individual is wanted for prosecution, or custody or confinement after conviction for a felony, or is violating (or violated) a condition of his/her parole or probation, or
The first month during which the individual fled to avoid such prosecution, custody or conviction, or violated a condition of parole or probation if indicated on the warrant, court order or decision.
Annotate appropriate Remarks on SSR. For example, RECIPIENT IS A FUGITIVE FELON WANTED FOR BANK FRAUD. ANCHORAGE SHERIFFS DEPT, 555-555-5555, UNWILLING TO EXTRADITE – DO NOT REINSTATE BENEFITS WITHOUT PROOF THAT WARRANT HAS BEEN SATISFIED.
Per instructions in SI 00530.017, prepare a Notice of Planned Action (SSA-L8155-U2) using the appropriate DOCS notice.
NOTE: If the individual did not answer fugitive questions on an SSI application or redetermination (forms completed before October 23, 2000), the rules of administrative finality should be taken into consideration (see SI 00530.500 and SI 00530.510).