GN 02607: Prisoner Provisions
TN 7 (09-05)
A. Procedure - Federal Bureau of Prisons Inmate reporting operation
The new matching agreement with the Federal Bureau of Prisons (BOP) provides that BOP will send monthly reports of new inmate confinements to SSA for computer matching. The monthly report consists of data on newly admitted inmates or inmates who have moved within the BOP system during the reporting period. BOP also provides SSA with pre-trial inmate information, convicted inmate information and information on those individuals who are returned to BOP custody because the individual has violated his or her parole or probation.
B. Procedure – special Inmate Information provided b BOP under the SSA/BOP computer reporting agreements
1. BOP Inmate Information 04/04/02 and continuing
|
BOP Data on PUPS Alert/Report |
Values for the Field |
Information About the BOP Inmate Data |
|---|---|---|
|
Conviction Date |
MM/DD/YYYY |
BOP will provide conviction information for an inmate who has been officially sentenced by a Federal court. BOP gives SSA this information only if the inmate's conviction information is available in their records. NOTE: There will be some circumstances in which SSA will deem a conviction date for blank or invalid conviction. (See GN 02607.792D.1.b. for processing instructions.) |
|
Inmate Status Code |
Y |
Convicted (individual has been convicted of a crime i.e.; felony or misdemeanor). NOTE: If the inmate Status code is “Y” and the conviction date is blank on the PUPS Record/Alert, assume the inmate has been convicted of a criminal offense. (See GN 02607.792D.1.b. for processing.) |
|
C |
Confined but not convicted (individual is confined in a correctional institution but has not been convicted of a crime). |
|
|
P |
Parole/Probation Violator (individual has violated parole or probation). An official determination has been made to return the individual to confinement at a correctional institution. |
|
|
Date of Confinement |
MM/DD/YYYY and the Inmate Status Code is: Y or C |
For the Inmate Status Codes of "Y" or "C," BOP provides a date of confinement equal to the date that BOP assigns the inmate to the correctional facility and is under BOP custody. |
|
MM/DD/YYYY and the Inmate Status Code is: P |
The date for code “P” represents the date the inmate was returned to BOP custody because the inmate's parole or probation has been officially revoked. |
|
|
Released Date |
Blank |
BOP does not provide SSA with released dates. See GN 02607.794D for information on obtaining released date information for BOP inmates that are no longer in BOP custody. |
|
Correctional Facility Identification Code |
6-digit FID Code |
BOP provides SSA with a 3 digit-facility code the PUPS system converts into a 6-digit BOP facility code located on IRCS. PUPS will translate the 6-digit code to the name of the correlating correctional facility on actionable PUPS alerts. See GN 02607.792D.2. for instructions on determining the FID code if it is blank on the PUPS alert. NOTE: BOP's correctional facility code represents the inmate's place of confinement or destination of confinement at the time the report was prepared. If the inmate is "In-Transit" from one BOP correctional facility to another, the facility code will change from one monthly report to another. |
NOTE: For additional information about 3BOP Inmate Status Codes, see GN 02607.795.
2. BOP Inmate Information 04/01/00 through 04/03/02
|
BOP Data on PUPS Alert/Report |
Values for the Field |
Information About the BOP Inmate Data |
|---|---|---|
|
Conviction Date |
MM/DD/YYYY |
BOP will provide conviction information for an inmate who has been officially sentenced by a Federal court. BOP gives SSA this information only if the inmate's conviction information is available in their records. NOTE: There will be some circumstances in which SSA will deem a conviction date for blank or invalid conviction. (See GN 02607.792D.1.b. for processing instructions.) |
|
Inmate Status Code |
Y |
Convicted (individual has been convicted of a crime, i.e., felony or misdemeanor). (The penalty for the crime generally carries a sentence of over 1 year.) NOTE: If the inmate Status code is “Y” and the conviction date is blank on the PUPS Record/Alert, assume the inmate has been convicted of a criminal offense. See GN 02607.792D.1.b. for processing. |
|
S |
Convicted of a criminal offense. (The penalty for the crime generally carries a sentence of 12 months or less.) NOTE: If the inmate Status code is “S” and the conviction date is blank on the PUPS Record/Alert, assume the inmate has been convicted of a criminal offense. See GN 02607.792D.1.b. for processing |
|
|
N |
Convicted of a criminal offense. (The penalty for the criminal offense is not available in BOP records.) NOTE: If the inmate Status code is “N” and the conviction date is blank on the PUPS Record/Alert, assume the inmate has been convicted of a criminal offense. See GN 02607.792D.1.b. for processing. |
|
|
D |
Confined but not convicted (individual is confined in a correctional institution but has not been convicted of a crime). This category includes pre-trial inmates, individuals awaiting medical/mental examinations, detainees, etc. |
|
|
Date of Confinement |
MM/DD/YYYY and the Inmate Status Code is: Y, S, and N |
For the Inmate Status Codes of "Y," "S," and "N," BOP provides a date of confinement equal to the date that BOP the inmate to the correctional facility and is under BOP custody. |
|
MM/DD/YYYY and the Inmate Status Code is: D |
BOP will provide the date the inmate was admitted to a BOP facility. NOTE: If multiple reports of confinement are received for the same inmate and the inmate status code remains “D” and the reporter code remains “3BOP,” assume the earliest reported date of confinement for this inmate will be the actual initial date of confinement. |
|
|
Released Date |
Blank |
BOP does not provide SSA with released dates. See GN 02607.794D.1.c. for information on obtaining released date information for BOP inmates that are no longer in BOP custody. |
|
Correctional Facility Identification Code |
6-digit FID Code |
BOP provides SSA with a 3 digit-facility code the PUPS system converts into a 6-digit BOP facility code located on IRCS. PUPS will translate the 6-digit code to the name of the correlating correctional facility on actionable PUPS alerts. See GN 02607.792D.2. for instructions on determining the FID code if it is blank on the PUPS alert. NOTE: BOP's correctional facility code represents the inmate's place of confinement or destination of confinement at the time the report was prepared. If the inmate is “In-Transit” from one BOP correctional facility to another, the facility code will change from one monthly report to another. |
3. BOP Inmate Information 02/01/95 through 03/31/00
|
BOP Data on PUPS Alert/Report |
Values for the Field |
Information About the BOP Inmate Data |
|---|---|---|
|
Conviction Date |
MM/DD/YYYY |
BOP will provide conviction information for an inmate who has been officially sentenced by a Federal court. BOP gives SSA this information only if the inmate's conviction information is available in their records. NOTE: There will be some circumstances in which SSA will deem a conviction date for blank or invalid conviction. (See GN 02607.792D.1.b. for processing instructions.) |
|
Inmate Status Code |
Y |
Convicted (individual has been convicted of a crime that carries a sentence of over 1 year). NOTE: If the inmate Status code is “Y” and the conviction date is blank on the PUPS Record/Alert, assume the inmate has been convicted of a criminal offense. (See GN 02607.792D.1.b. for processing.) |
|
S |
Convicted of a crime and individual is sentenced to 12 months or less. NOTE: If the inmate Status code is “S” and the conviction date is blank on the PUPS Record/Alert, assume the inmate has been convicted of a criminal offense. See GN 02607.792D.1.b. for processing. |
|
|
N |
Convicted of a crime and the length of sentence for the crime is unknown. NOTE: If the inmate Status code is “N” and the conviction date is blank on the PUPS Record/Alert, assume the inmate has been convicted of a crime that carries a sentence of over 1 year. See GN 02607.792D.1.b. for processing. |
|
|
D |
Confined but not convicted (individual is confined in a correctional institution but has not been convicted of a crime). This category includes pre-trial inmates, individuals awaiting medical/mental examinations, detainees, etc. |
|
|
Date of Confinement |
MM/DD/YYYY and the Inmate Status Code is: Y, S, and N |
For the Inmate Status Codes of “Y,” “S,” and “N,” BOP provides a date of confinement equal to the date that BOP assigns the inmate to the correctional facility and is under BOP custody. |
|
MM/DD/YYYY and the Inmate Status Code is: D |
BOP will provide the date the inmate was admitted to a BOP facility. NOTE: If multiple reports of confinement are received for the same inmate and the inmate status code remains “D” and the reporter code remains “3BOP,” assume the earliest reported date of confinement for this inmate will be the actual initial date of confinement. |
|
|
Released Date |
Blank |
BOP does not provide SSA with released dates. See GN 02607.794D for information on obtaining released date information for BOP inmates that are no longer in BOP custody. |
|
Correctional Facility Identification Code |
6-digit FID Code |
BOP provides SSA with a 3 digit-facility code the PUPS system converts into a 6-digit BOP facility code located on IRCS. PUPS will translate the 6-digit code to the name of the correlating correctional facility on actionable PUPS alerts. See GN 02607.792D.2. for instructions on determining the FID code if it is blank on the PUPS alert. NOTE: BOP's correctional facility code represents the inmate's place of confinement or destination of confinement at the time the report was prepared. If the inmate is "In-Transit" from one BOP correctional facility to another, the facility code will change from one monthly report to another. |
C. Procedure - review of the 3BOP PUPS alert
Reviewing the BOP Alert for Identity Discrepancies
Verify that the prisoner/inmate identification is correct by reviewing the EVS Code on the PUPS alert for accuracy. Review and verify the questionable identity EVS codes of "2," "3," "4," "A," "B," "E," and "F." (See GN 02607.975A for a description of the EVS Codes generated on PUPS alerts. See GN 02607.790D to process PUPS alerts containing questionable identity issues that will require development.)
Review of the 3BOP Alert for Missing Inmate Information.
Review the remaining incoming inmate information on the 3BOP PUPS alert. If some of the inmate information is missing or incomplete, process using the guidelines shown in GN 02607.790D.
NOTE: A change in an inmate status code and a change in the date of confinement for an inmate will result in another PUPS alert and PUPS record for the inmate. Process these subsequent alerts per GN 02607.792 for title II.
D. Procedure - sources for developing for missing 3BOP alert information
If you need additional inmate information before you can process the PUPS alert, do not contact the Federal Bureau of Prisons or any of its facilities for any missing inmate or verification of identity information. Develop as shown below.
1. Contacts for development of missing/unverified inmate data
Order of priority for contact:
Contact the beneficiary or his or her representative payee to clarify missing or questionable information. If the beneficiary or representative payee cannot provide you with the needed information, they can file a Freedom of Information Act (FOIA) request to obtain the inmate information directly from BOP. See GN 02607.790D.3. for instructions on filing FOIA requests with BOP.
You may also contact the third-party sources listed in GN 02607.790D.2. to obtain missing or questionable information about a Federal inmate.
2. Third-party sources for verification of BOP inmate information
a. Sources for BOP inmate information verification
Contact the Federal court that retained jurisdiction over the inmate's case (if the court jurisdiction can be identified by the beneficiary or his or her representative payee).
Utilize the PACER system--FO employees, PC/OCO-ODO employees and Regional/PC Prisoner coordinators are able to access the on-line Federal court-system database that can provide criminal case information about a Federal inmate's trial. See GN 02607.790D.2.b. for information about PACER and the instructions for obtaining Federal court information via the PACER on-line system.
Contact the inmate's attorney (if the attorney can be identified by the beneficiary or his or her representative payee, or via PACER).
Contact the United States Marshal's Service, Department of Justice, (this Department transfers the inmates from one federal facility to another, they keep limited information on the inmate).
Contact the inmate's parole/probation officers.
Contact the inmate's social worker.
b. PACER
The United States Court system has a service (PACER) that provides people outside the court (the public) with access to court information. PACER provides electronic access to the U.S. District Courts, U.S. Bankruptcy Courts, U.S. Courts of Appeals, and U.S. Party/Case Index. Each court has a separate database.
The U.S. Party/Case Index is a national index of U.S. Courts. This system serves as a locator. To determine if a prisoner is in the Federal Court system, the name is used to identify the court system. Once the court system is located, the court is contacted.
PACER provides:
a listing of all parties and participants including judges, attorneys, and trustees;
a compilation of case-related information such as cause of action, nature of suit, and dollar demand;
a chronology of dates of case events entered in the case record;
a claims registry;
a listing of new cases each day;
Appellate court opinions;
judgments or case status;
types of documents filed for certain cases; and many courts offer imaged copies of documents.
You will find the instructions for accessing the PACER on-line court system in GN 02607.682A.
3. Freedom of Information Act requests (FOIA) for inmate information
The beneficiary may file a Freedom of Information Act (FOIA) request with BOP for inmate information SSA may need to make a correct decision about the beneficiary's prisoner suspension. The beneficiary can request information about his or her period of incarceration with BOP that may assist SSA in making a decision about his or her benefits.
The beneficiary must file the FOIA request with BOP to obtain the information. (SSA technicians cannot file the FOIA request for the beneficiary; beneficiaries must file the request with BOP themselves.) Instruct the beneficiary to include his or her SSN and BOP Inmate Number on the FOIA request. Give him or her the inmate number shown on the PUPS alert. While SSA cannot file the FOIA request for the beneficiary, SSA can assist the beneficiary in filing the request by giving him or her the website address to locate the FOIA filing information or by giving him or her a copy of the information printed from the BOP FOIA website. You can obtain the FOIA filing information directly from BOP's website at http://www.bop.gov.
If the beneficiary does not have access to the Internet, he or she can write a letter requesting the information he or she needs from BOP and mail the FOIA request to:
Freedom of Information Act/Privacy Act SectionOffice of General Counsel, Room 841
Federal Bureau of Prisons
320 First Street, N.W.
Washington, D.C. 20534.
NOTE: If the beneficiary/representative payee cannot/will not provide missing inmate information needed to make a suspension decision, and the other third-party sources contacted cannot/will not provide the information, see GN 02607.792D for processing.
4. Developing for identity issues, missing or questionable inmate information
FOs must verify inmate data for PUPS alerts when the identity of the inmate is uncertain or the PUPS alert contains missing or questionable data elements.
Obtain missing or questionable incarceration data. If necessary use the contacts listed in GN 02607.790D.2.
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Determine if any additional periods of incarceration may have occurred for the recipient or the beneficiary. Obtain this information at the same time you are developing for questionable or missing inmate data or identity issues.
NOTE: When developing for additional information on an individual, be certain to ask about earlier periods of incarceration. BOP may not have provided SSA with the earlier incarceration period. Provide the sources mentioned above with all available information on the inmate (e.g., NUMIDENT information, inmate number, etc.) to help them locate the individual in their records.
Inquire about transfers to or from another institution. You may learn that the inmate was transferred from one institution to another. Resolve the inmate's incarceration history and ensure that all periods of incarceration are considered. Review and correct PUPS, if necessary, to reflect the inmate's total period(s) of incarceration.
Check the RPS to determine if the prisoner/inmate serves as a representative payee. Process per GN 00504.100.
Determine if the inmate will remain confined for more than 30 continuous days from the date of conviction. (This requirement is effective for confinements beginning 04/01/00 and continuing.)
Verify that the benefit suspension will be correct based on the inmate data annotated on the alert, and take the appropriate suspension action based on your development.
5. Concurrent PUPS alerts
In concurrent cases, each title will have its own pending PUPS record. Complete all development and update each record separately.
See GN 02607.792 for processing title II 3BOP alerts or records.
See SI 02310.092 for processing title XVI 3BOP alerts or records.