TN 34 (10-15)

A. What is an SDP

The Social Security Act prohibits payment to a beneficiary who a court finds is a sexually dangerous person or a sexual predator based on State law. State laws generally have the following requirements for considering a person an SDP:

• a conviction for a sexually violent crime, or conduct that would be a crime;

• a mental abnormality or personality disorder (pedophilia, rape, etc.); and

• the offender is likely to reoffend unless confined in a secure facility (mental institution or special commitment center (SCC))

We enforce the SDP nonpayment provision only in those states that have laws expressly providing for court ordered confinement of SDPs. If you are unsure whether a state has an SDP law, contact your regional prisoner coordinator (RPC). The RPC will contact the Regional Chief Counsel for state-specific SDP laws, if necessary. For a list of RPCs, see GN 02607.990A.2.

Before a court declares a beneficiary sexually dangerous or a sexual predator, it conducts a psychological evaluation to make this determination. When the court finds that the beneficiary is sexually dangerous or a predator, it generally orders the beneficiary confined to a mental institution or SCC immediately upon completion of his or her criminal sentence.

B. SDP suspension policies beginning 4/1/2000

1. Suspension requirements

a. Beneficiaries affected

All Title II beneficiaries are affected.

b. Rules for suspension

Suspend benefits when a court:

• declares that the beneficiary is an SDP; and

• issues an order confining a beneficiary to an institution or SCC for more than 30 continuous days at public expense.

Do not suspend an SDP’s benefits if an institution does not immediately confine the beneficiary upon completion of his or her criminal prison sentence.

2. Confinement date

For a definition of confinement, see GN 02607.001.

a. Confinement begins

Confinement begins on the date a court issues an order to confine a beneficiary in an institution for more than 30 continuous days after a judgment of SDP. Generally, confinement continues without interruption for an SDP. After serving a prison sentence for a sexual offense, the correctional institution transfers the beneficiary directly to a mental institution or SCC for a psychological examination. The beneficiary remains confined at the mental institution or SCC after the court judges the beneficiary an SDP.

b. Confinement ends

Confinement ends with:

• conditional release (official release from an institution or SCC and the institution no longer provides for the beneficiary's basic living needs, but the beneficiary continues to receive supervision or treatment); or

• unconditional release from an institution.

3. Suspension effective date

Suspension is effective with the month (including any part of the month) a beneficiary begins confinement after a court declares a beneficiary an SDP and orders confinement.

Do not input the suspension until the 31^st day of continuous confinement. To determine the 31^st day of continuous confinement, count 30 consecutive days from the date of the court’s SDP confinement order.

C. Master beneficiary record (MBR) coding for SDPs

1. Coding during the psychological evaluation

A beneficiary’s benefits are generally in prisoner suspense (i.e., ledger account file (LAF) status of S7, Reason for Suspension or Termination (RFST) code of PRISON) before an institution permanently confines him or her following an SDP judgment. During the psychological evaluation period, leave the beneficiary’s benefits in LAF code S7 and RFST PRISON on the MBR. Do not make any changes to the Prisoner Suspension Data Line (PRSNDATA) during the evaluation period. For information on PRSNDATA, see SM 00510.395.

2. SDP suspension coding

When a court issues an order declaring the beneficiary an SDP and confines him or her to an institution for more than 30 days, process the SDP decision via MACADE or MADCAP as follows:

enter on the existing PRSNDATA line a SUSPENSE STOP date equal to the month before the SDP suspension effective date;

1. enter on a new PRSNDATA line:

   • SUSPENSE START date equal to the SDP suspension effective date; and

   • the CONFINE TYPE of “PREDTR;” and

2. enter on the MBR HISTORY data line, an RFST code of "PREDTR" effective with the date of the SDP commitment order. Benefits remain in LAF S7 suspension status.

For more information on the MBR HISTORY data line, see SM 00510.585.

NOTE: When a beneficiary’s reason for suspension changes from PRISON (prisoner) to an SDP (PREDTR), send the beneficiary a new suspension notice explaining the SDP suspension reason.  For information on the suspension notice to send an SDP beneficiary, see GN 02607.972A.2.c.

3. Example

A court convicted Jack of a sexual crime and sentenced him to 5 years in prison. We suspended Jack's Title II benefits (LAF S7, RFST PRISON) when the court convicted him of the sexual crime. After Jack completed his prison sentence, the court issued a temporary detainment order transferring him to a mental hospital for psychological evaluation to determine if he is sexually dangerous. Jack's benefits remained in prisoner suspension during the SDP psychological evaluation. Upon the mental hospital’s submission of its evaluation, the court issued an order on 04/11/2015 declaring Jack a sexual predator. The court also ordered Jack confined to the mental institution indefinitely.

After Jack served more than 30 continuous days in the institution as an SDP (05/11/2015), we took the following actions:

• on the existing PRSNDATA line, entered a SUSPENSE STOP date of 03/2015;

• on a new PRSNDATA line, entered a suspension start date of 04/2015 and changed CONFINE TYPE from “PRISON” to “PREDTR;” and

• on the MBR HISTORY data line, entered the RFST code of "PREDTR" effective 04/2015.

Jack remains suspended until the court officially releases him from the institution.

D. SDP suspension policies 12/17/1999 through 03/31/2000

1. Suspension requirements

a. Beneficiaries affected

All Title II beneficiaries are affected.

b. Rules for suspension

Suspend benefits when a court:

• convicts the beneficiary of a crime with an element of sexual activity;

• finds that the beneficiary is an SDP; and

• issues an order to commit the beneficiary in an institution at public expense as an SDP.

2. Suspension effective date

Suspension is effective with the date of the court order to commit the beneficiary in an institution at the public’s expense as an SDP.

Do not suspend an SDP’s benefits if an institution does not immediately confine the beneficiary upon completion of his or her criminal prison sentence.

E. References

• GN 02607.700 Suspending Title II Benefits To Prisoners, NGRIs, Incompetent to Stand Trial or Sexually Dangerous Persons By Using PUPS

• GN 02607.854 Reinstating Benefits to Sexually Dangerous Persons