This is in response to your request for information concerning whether the laws in
                  the states in Region VI have changed since we released our March 2000 legal opinion
                  reviewing state laws regarding sexually dangerous persons/sexual predators. In that
                  opinion, we concluded that the laws in the states in Region VI did not require confinement
                  of a sexual offender upon completion of a prison term. The laws in the states in Region
                  VI have not changed since our last opinion. Those laws do not require the confinement
                  of a sexual offender after he or she completes a prison term. Therefore, the Social
                  Security Administration (Agency) may not suspend benefits after authorities release
                  a sexual offender from prison within any state in Region VI.
               
               As stated in our March 2000 opinion, Congress created a new category of inmates who
                  are subject to the Agency's prisoner suspension provisions. 42 U.S.C. § 402(x)(iii).
                  The Social Security Act provides for the continued denial of Title II benefits to
                  individuals who:
               
               immediately upon completion of confinement [in a jail, prison, or other penal institution
                  or correctional facility] pursuant to conviction of a criminal offense an element
                  of which is sexual activity, is confined by court order in an institution at public
                  expense pursuant to a finding that the individual is a sexually dangerous person or
                  a sexual predator or a similar finding.
               
               42 U. S. C. § 402(x)(iii).
               We set forth below our related analysis of each Region VI state's law.
               Arkansas:
               Arkansas sexual predator laws have not changed substantively since March 2000. Arkansas
                  law does not provide for the confinement of sex offenders who have completed their
                  prison terms. See Ark. Code Ann. §§ 12-12-901 - 12-12-923. Accordingly, the Agency
                  may not suspend benefits after authorities release a sexual offender from prison.
               
               Louisiana:
               Louisiana law has not changed significantly since our March 2000 legal opinion. In
                  2006, Louisiana enacted laws providing for electronic monitoring and the supervised
                  release of certain sexual predators, but Louisiana laws do not provide for the confinement
                  in an institution of a sexual predator immediately after he or she completes his or
                  her confinement in a jail, prison, or other penal institution or correctional facility.
                   See La. Rev. Stat. Ann. §§ 15:560.1, 15:560.3, 15:560.4, 15:561.2.
               
               New Mexico:
               New Mexico law has not changed since we last examined this issue in March 2000. New
                  Mexico's law does not provide for the confinement of an incarcerated sexual predator
                  following completion of his or her prison sentence. A bill currently pending in the
                  New Mexico Senate Judiciary Committee provides for continued confinement in a treatment
                  facility for sexually violent predators that authorities release from prison. See S.B. 452. The committee has postponed action on the bill indefinitely, and the same
                  bill died in committee in 2003 and 2005.
               
               Oklahoma:
               Oklahoma law has not changed since our March 2000 legal opinion. The Oklahoma Sex
                  Offenders Registration Act requires sexual offenders to register with the Department
                  of Corrections, but the Act does not provide for the confinement of sexual offenders
                  after they have completed their prison terms. See Okla. Stat. Ann. tit. 57, §§ 581-590.1. Thus, under Oklahoma law, the Agency may
                  not suspend benefits after authorities release a sexual offender from prison.
               
               Texas:   
               Texas law has not changed substantively since our March 2000 legal opinion. Texas
                  law does not provide for confinement of sexual offenders after they have completed
                  their prison terms.  See Tex. Health and Safety Code § 841.081. Thus, under Texas law, the Agency may not suspend
                  benefits after authorities have released a sexual offender from prison.
               
               In summary, the laws in the states in Region VI have not changed since we released
                  our March 2000 legal opinion reviewing state laws regarding sexually dangerous persons/sexual
                  predators. We conclude that none of the laws in the states in Region VI requires the
                  confinement of a sexual offender after he or she completes a prison term. As such,
                  the Agency may not suspend benefits after authorities release a sexual offender from
                  prison within any state in Region VI.
               
               Tina M. W~
               Regional Chief Counsel
______________________
Julia D~
Assistant Regional Counsel