EXAMPLE 1: Home Confinement
John, who is receiving SSI disability benefits, is convicted and sentenced to three
months home confinement in his own home where he lives alone. Although he is not allowed
to leave home at all, even to seek work, the Bureau of Prisons does not pay his rent
and the cost of his food.
Determination: Because a private home cannot be considered an institution, John is not considered
to be a resident of a public institution and would not be N02 or N22. John is in FLA-A.
For a list of SSI payment status codes, see “Payment Status Codes” (SM 01305.001).
EXAMPLE 2: Halfway House
Sam is convicted of a non-violent crime but the law mandates a minimum of one-year
incarceration. After serving six months, he is transferred to a private facility designed
to transition non-violent criminals back into the community. The prisoners are allowed
to leave the facility during the day to work or seek employment but are confined behind
locked doors at night. If they find work, they will pay all or part of the $20 daily
food and shelter charge, depending on the amount of their verified income.
Determination: The correct determination in this situation is N22. Since the facility has the authority
to lock up the prisoners at night, we know it is acting as an agent of the penal authorities.
Even if Sam finds a good job and pays all of the cost of his food and shelter, he
is still N22 because as long as he is at the facility, the facility will provide food
and shelter even if he stops paying.
EXAMPLE 3: Treatment Facility
Jimmy, a 20-year old, is convicted of his third offense of stealing a car. After a
psychological examination and a background check, a decision is made to place him
in a private treatment center for emotional and developmental problems. The residents'
treatment plans stipulate that they should not leave the facility, but they are not
physically confined. The facility is a private entity that is being paid by the prison
system to provide care and treatment for Jimmy. Contact with the facility reveals
that the prison system does not exercise any administrative or fiscal control over
this facility and that none of the facility’s staff are government employees. It is
not licensed as a medical treatment facility for purposes of Medicaid coverage, so
the $30 payment limit (FLA-D) cannot apply.
Determination: Jimmy is FLA-A. N02 or N22 is not the correct determination because Jimmy is not
in a public institution and there is no indication that the facility is acting as
an agent of the prison. The value of the food and shelter provided to Jimmy is ISM
under the presumed maximum value (PMV) rule. The ISM is countable because payment
by the prison system for his food and shelter is a result of the sentencing process
and is not considered a social service. (For information about medical and social
services, see SI 00815.050.)