GN 02613: Title II/Title XVI Fugitive Felons and Parole and Probation Violators
TN 4 (12-06)
NOTE: On April 1, 2009, SSA changed its policy of not paying fleeing felons. Follow the instructions below only for felony warrants with offense codes 4901, 4902, or 4999. Follow the Martinez settlement instructions in GN 02613.860 – GN 02613.885 for all other felony warrant codes.
On May 9, 2011, SSA changed its policy and no longer suspends or denies benefits or payments based solely on a probation or parole violation warrant (i.e., warrants with offense codes 5011, 5012, 8101, 8102, or 9999 or “Blank” and an offense charge symbol of “probation or parole violation”). Follow the Clark Court Order instructions in GN 02615.100 – GN 02615.190 for all probation or parole violation warrants.
We will make additional changes to this section, as necessary, in the future.
A. Policy – obtaining missing or incomplete information for fugitives
The beneficiary is responsible for providing SSA with the information and evidence needed to establish good cause. If the beneficiary cannot provide the information, advise the beneficiary where he/she may obtain the required evidence. See GN 02613.025 for proofs that may be submitted. See GN 02613.030 for information regarding beneficiary requests to establish good cause.
B. Procedure - beneficiary wants to establish good cause — OFFENSE CODE or OFFENSE TYPE is missing or not on NCIC offense code lists
1. FO process - criminal offense not on NCIC offense code list
If the offense code is not shown on the NCIC Offense Code list in GN 02613.900B.2.b., or associated with a crime category found in GN 02613.900B.2.a., or the criminal charge on the warrant is not indicated on the FFWQ in the OFFENSE TYPE, the beneficiary must provide information about the criminal charges reflected on the warrant. (See GN 02613.025 for additional information required to establish good cause.) The beneficiary must also provide evidence that the warrant has been satisfied, if appropriate.
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Action |
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SSA will contact the beneficiary to notify him/her to obtain the type of criminal offense (OFFENSE TYPE--classification of the crime; e.g., third degree simple assault) on which he/she was charged or convicted which caused the warrant and if the court or the warrant issuing agency that issued the warrant can state whether the crime is violent or drug related or not violent or not drug related. Advise the beneficiary to contact the following to obtain information about the classification of the criminal charges on the warrant and the nature of the crime: The warrant issuing agency indicated on FFWQ screen, His/her attorney or legal expert, or The State attorney’s or county attorney’s office that will prosecute the individual for his criminal charges on the warrant. |
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2 |
If the beneficiary can only provide information on the classification of the crime (OFFENSE TYPE), not whether the crime was nonviolent or not drug related or violent or drug related, the State criminal code information can be found on the internet. The individual State criminal codes will provide written descriptions of the different categories of crimes that a State enforces and the penalty (sentencing guidelines) for the criminal offense, if convicted of the offense. The internet is the best source for finding the individual State criminal codes or State penal code. The State that issued the warrant should be indicated on the FFWQ screen. Internet location: www.legallawhelp.com/legal_law_channels/criminal_law/codes_by_state.html Criminal Codes Choose the State where the crime occurred as indicated by the FFWQ. Go to the State on the site (select the State) --Search through the topics until you find the classification for the crime on the warrant --Read the description under the criminal classification. If the description includes language containing the following words: “threatening, attempting, or actually using physical force against a person” then the crime can be classified as violent. (See example of description of the classification of the crime in the Example below.) --Search the topics under the State law for punishments or sentences --Locate the sentence or punishment for the classification of the crime. Example: “Class B felony carries a sentence of 2 to 5 years.” This indicates the crime was a felony type crime. (i.e., a crime carries a penalty or death or confinement or more than 1 year) You have identified that the crime was violent crime and that the sentence was confinement greater than 1 year or a felony. EXAMPLE: State Criminal Code: Alaska Classification of Crime: Murder in the First Degree Excerpt from Website under Alaska AS 11.41.100. Murder in the First Degree. (a) A person commits the crime of murder in the first degree if (1) with intent to cause the death of another person, the person (A) causes the death of any person; or (B) compels or induces any person to commit suicide through duress or deception; (2) the person knowingly engages in conduct directed toward a child under the age of 16 and the person with criminal negligence inflicts serious physical injury on the child by at least two separate acts, and one of the acts results in the death of the child; (3) acting alone or with one or more persons, the person commits or attempts to commit a sexual offense against or kidnapping of a child under 16 years of age and, in the course of or in furtherance of the offense or in immediate flight from that offense, any person causes the death of the child; in this paragraph, "sexual offense" means an offense defined in AS 11.41.410 - 11.41.470 ; (4) acting alone or with one or more persons, the person commits or attempts to commit criminal mischief in the first degree under AS 11.46.475 and, in the course of or in furtherance of the offense or in immediate flight from that offense, any person causes the death of a person other than one of the participants; or (5) acting alone or with one or more persons, the person commits terroristic threatening in the first degree under AS 11.56.807 and, in the course of or in furtherance of the offense or in immediate flight from that offense, any person causes the death of a person other than one of the participants. (b) Murder in the first degree is an unclassified felony and is punishable as provided in AS 12.55 . The OFFENSE TYPE is Murder and the charge is a felony crime and is violent. Therefore, suspension of benefits would apply. Annotate the OFFENSE TYPE to the FFWI screen using the update function when you obtain the OFFENSE TYPE. Continue processing per GN 02613.025C.6.b. |
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If the classification of the crime is drug-related, or you cannot determine from the description of the crime whether the crime is violent or not violent or drug-related or not drug-related, or you cannot determine the sentence or punishment for the crime, then you must contact the Regional Fugitive Felon Coordinator (RFFC) to request him/her to obtain the classification of the crime and if the crime is violent or drug related or nonviolent or not drug related. Go to step 4. |
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4 |
If the beneficiary cannot obtain information about the criminal charges, or the SSA technician cannot determine from SSA records or from other sources the classification of the crime or the nature of the crime. The SSA technician will contact the Regional Office Fugitive Felon Coordinator (RRFC) via email. The RRFC list is found in GN 02613.990. See GN 02613.175C. for processing requests to the RFFC for investigation of the criminal charges on the warrant. |
2. FO process - obtaining information on an underlying criminal offense for a probation or parole violator
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Steps |
Actions |
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Obtain a Prisoner Update Processing System (PUPS) record. The PUPS record may contain some information on the beneficiary’s confinement at a correctional institution after he/she is arrested for a crime. Notify the beneficiary that he/she may contact the correctional institution on the PUPS record. The institution might have additional information about the beneficiary’s crime |
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If information is not available on PUPS and the beneficiary cannot get the underlying criminal information from the correctional institution, contact the beneficiary and advise him/her to contact: His/her probation/parole officer for the original trial information; The court where the beneficiary went to trial for the original offense, His/her attorney of record for the crime, The State’s district attorney that prosecuted the original offense, or, Other third parties that might have knowledge of the trial or the offense of which the beneficiary was convicted. |
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When the beneficiary returns the information about his/her underlying criminal offense (i.e. underlying criminal offense was violent or drug-related), process per GN 02613.025. |
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If the beneficiary does not provide the information or does not respond to the request for the additional information, good cause does not apply. Process per GN 02613.025. |
C. Process – actions on missing offense code information or situations where the SSA technician’s cannot determine if a crime is violent, drug-related or non-violent or not drug related
1. Missing offense code information on FFWQ screen
SSA may receive warrant information from reporters where they do not indicate an OFFENSE CODE in their warrant information to SSA. In some instances they will place an OFFENSE TYPE on the warrant which generally provides the classification of the crime according to the State criminal code where the warrant was issued. See information on processing cases with only the OFFENSE TYPE on the FFWQ screen using the State criminal code in GN 02613.175B.1.
The OFFENSE CODE on the FFWQ Screen will reflect “9999” if the Offense Code entry is blank when the report is received by SSA and there is no OFFENSE TYPE annotated on the incoming warrant information.
2. FO feferral to RRFC
The technician will request to the RFFC via email to determine if the crime on the warrant is violent or drug related or not-violent or not drug related and also to verify that the crime is a felony as indicated in GN 02613.175B.1.
3. RFFC actions on criminal charge referral received by SSA FO
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Steps |
Action |
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Refer the missing offense code or the case to OIG via email for action. (Contact OIG via the ^Fugitive Felon mailbox. In the Subject Line of the email, include your District Office (DO) or Processing Center (PC) code. Provide the beneficiary’s SSN, Name, Warrant Number and Warrant Date and the ORI for the warrant. Explain to OIG that SSA does not have an offense code or an offense type annotated to the warrant. Ask OIG to contact the warrant issuing agency and identify what the offense code is or the offense classification for the criminal charge on the warrant. OIG will contact the warrant issuing agency about the warrant and resolve the criminal charge codes or offense category issue for the warrant. |
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OIG will email back to the RFFC that submitted the request what OIG found out from the warrant issuing agency about the criminal charges on the warrant. The RFFC should update the FFWI screen with the OFFENSE CODE and/or the OFFENSE TYPE based on OIG’s investigation of the criminal charges on the warrant. |
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The RFFC will email the SSA FO that referred the warrant for investigation of the OFFENSE CODE or the OFFENSE TYPE that he/she has updated the warrant with the OFFENSE CODE OR the OFFENSE TYPE based on OIG’s investigation of the criminal charges on the warrant. |
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4 |
If the email referral to OIG does not provide information to determine if the criminal charge on the warrant is violent or drug related or nonviolent or not-drug related The RFFC will contact the regional attorney to obtain the offense classification from the State criminal code and also for information on whether the crime is non-violent and not drug related. The RFFC will also prepare a regional precedent file by State to document the results of these referrals. |
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When the criminal offense is classified and determined to be violent or drug related or non-violent or not drug related by the Regional Attorney, the RFFC will then return the information via email to the SSA FO that requested the information for additional processing on the returned criminal offense information. Process per GN 02613.025. |
4. PSC development for missing or questionable NCIC codes or OFFENSE TYPE issues on FFSCF warrant data — beneficiary wants to establish good cause
The PSC will contact the FO and ask them to develop and resolve cases in which the offense code is missing, situations where the SSA technician cannot determine if a crime is violent, drug-related or non-violent or not drug related based on the information contained in GN 02613.175B.1.
The PSC will also refer cases to the FO where the underlying criminal charges cannot be determined for a probation or parole violator warrant and the beneficiary wants to establish good cause. Develop to the FO that services the beneficiary's mailing address on the MBR.
The FO will work any case that the PSC forwards to the FO for development action to completion.
D. Process - incorrect identity issues on warrants received through the fugitive felon matching operations — EVS code of A cases
Instances have occurred where the identity of the individual identified on the warrant on the FFSCF database is not the beneficiary on SSA records. This generally occurs when the FFSCF contains an EVS code of “A.” The Fugitive Felon Computer Match incorrectly identified the wrong beneficiary belonging to the outstanding warrant when processing the warrant information through the Enumeration Verification System (EVS). See GN 02613.000.
1. Beneficiary contacts SSA to state SSA has the wrong person
The beneficiary will contact SSA when he/she has been notified that he/she will have his/her benefits suspended because of the outstanding warrant.
The FO will proceed as follows:
If there is a discrepancy between SSA's records and the beneficiary's allegation, ask the beneficiary to provide an explanation.
If the explanation is satisfactory, document the case file via a RPOC screen to explain how the discrepancy was reconciled. (See RM 10212.200 on changing enumeration data other than name. See RM 10212.015 to correct the name on the enumeration record, if necessary.)
If the explanation is not satisfactory, and you cannot obtain additional information to resolve the identity discrepancy from the third party sources listed in GN 02607.680, develop the identity issue per GN 02607.600.
If the development uncovers some potentially fraudulent activities, pursue development.
2. PSC development for missing or questionable identity issues on FFSCF warrant data
The PSC will contact the FO and ask them to develop and resolve cases in which the identity of the fugitive felon or probation or parole violator on the FFSCF warrant is questionable. The development request will be sent to the FO that services the beneficiary's mailing address on the MBR.
The FO will work any case that the PSC forwards to the FO for development action to completion.
E. Procedure - developing representative payee suitability
Check RPS in each case where the beneficiary/claimant has an outstanding felony warrant to determine if he/she is serving as a representative payee.
Effective 4/2005, persons having an outstanding felony warrant are prohibited from serving as a payee. There are no exceptions to this prohibition. Refer to GN 00502.133.