Section 402 of the Work Incentives Act of 1999 provides for the suspension of title 11 benefits of those individual who meet all of the following criteria (GN 02607.700):

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  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

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  The criminal offense had to be related to a sexual activity, and

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  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 a continued confinement of SDP upon completion of the individual's sentence.

SSA will only enforce the sexually dangerous nonpayment provisions in those states that have formal laws expressly providing for court ordered confinement of sexually dangerous individuals. The status of each State in the Kansas City region is as follows:

Usually anyone who meets the SDP suspension criteria will generally already have their 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 penal facility pursuant to a conviction of a criminal offense.

Before reinstating benefits to anyone whose benefits have been suspended under routine prisoner provisions, you should ask the beneficiary for the beneficiary's current mailing and residence address. If the current mailing or residence address is one of the institutions mentioned above, you must determine if the individual meets the SDP suspension criteria outlined in GN KC02607.360A.

If benefits cannot be reinstated because the individual now meets the SDP suspension criteria, send a prisoner 2795 FAX to the appropriate PSC requesting that the RFST code be changed to PREDTR (see GN 02607.995).

RFST Code

An RFST code of PREDTR is displayed in the BENEFIT line of the MBR for all individuals whose benefits are suspended because they meet the suspension criteria outlined in A. above.

To reinstate an SDP's benefits, follow the instructions in GN 02607.854A

Contact the Regional Prisoner Coordinator for any questions concerning SDP's and the suspension and/or reinstatement of their benefits.

Staff with questions should contact their RO support person.