Reinstate benefits when the court determines the individual is sane (competent) and
able to stand trial. Do not withhold the individual's benefits while they are awaiting
re-trial for the original criminal offense. This is true even if the individual remains
incarcerated until their 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. Bob is later found "sane" (competent).
Bob is released from the institution and remanded to court to stand trial. Although
Bob is still confined to jail pending re-trial, benefits may be reinstated the first
full month after Bob's release from the mental institution. In this example, Bob was
not convicted of any crime. The mental institution where Bob was confined, under court
order, has officially released Bob and they are no longer meeting Bob's basic living
needs. If Bob is later convicted, Bob's 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. Joan is later found un-restorable to
competency and civilly (or voluntarily) committed. Joan is now considered an "NGRI"
beneficiary. Benefits cannot be reinstated until Joan is no longer under the care
and supervision of the mental institution and the mental institution stops meeting
Joan's basic living needs. Although the court dropped all criminal charges against
Joan, benefits will not be reinstated.