A. Background

The Massachusetts Department of Correction (DOC) submits a monthly report to the Social Security Administration (SSA) of individuals who have been confined and/or convicted in a correctional facility under the Massachusetts DOC jurisdiction during the previous month. Field offices receive Prisoner Update Processing System (PUPS) alerts to develop because of these reports. The Massachusetts (DOC) uses a Reporter ID (RID) of 3MAP in PUPS.

B. Procedure

Carefully review the information on all PUPS alerts per GN 02607.600 through GN 02607.680. If you need additional information on a PUPS alert from 3MAP, fax your request to the Massachusetts DOC Central Records Department using the instructions in GN BOS02607.650E.

When to Contact the Central Records Department

Due to the volume of requests it receives, the Central Records Department now requires you submit all requests for information concerning individual inmates via fax. The Central Records Department will respond to your request via fax. Do not call the Central Records Department for any information. Do not advise beneficiaries to call the Central Records Department for any information. See GN BOS02607.650E.

Note: Verification of prisoner alerts should only be sent to the Central Records Department for alerts that come from RID 3MAP. Not all jails in Massachusetts fall under Massachusetts DOC. If the RID is not 3MAP on the alert, you will need to verify the alert with the facility where the inmate is/was incarcerated.

C. Title II alerts

The Massachusetts Department of Correction assigns inmate numbers that are helpful in identifying inmate status and processing Title II alerts. You can clear many Title II 3MAP PUPS alerts without any additional information. Use the following information to determine if you need to contact either Bridgewater State Hospital or the Central Records Department for further information.

1. Inmate numbers beginning with “A”

These individuals are confined but not convicted, awaiting trial in a State correctional facility. For Title II alerts only, when an individual has an inmate number beginning with “A,” clear the alert “NO SUSPENSION.” If the individual is convicted at a later date, you will receive a new PUPS alert from 3MAP, indicating the facility where the individual is confined after his or her conviction of a crime (GN 02607.720A.1.a.). See GN BOS02607.650D for instructions on processing Title XVI alerts.

2. Inmate Numbers Beginning with “C,” “F,” “T” or “W”

These individuals are confined and convicted. You can suspend an individual’s Title II benefits without contacting the Central Records Department for further information if:

• the EVS code on the PUPS record is “V” or “L” (GN 02607.510A.3), and

• the PUPS alert contains both a confinement date and a conviction date, and

• at least 30 days have elapsed between the date the individual is first confined and convicted and the REPORT DATE on the PUPS alert.

Note: You still must send the required 30-day due process notice to the beneficiary for all Title II suspensions. If a beneficiary meets not all the above criteria, you must fax the Central Records Department for further information before you can determine whether to suspend an individual’s benefits (GN 02607.730).

See GN BOS02607.650D for instructions on processing Title XVI alerts.

3. Inmate Numbers Beginning with “M” – Male Individuals

All male individuals with inmate numbers beginning with “M” are confined under specific subsections of Massachusetts General Law (MGL) 123 to one of three facilities:

• MA0013 - Bridgewater State Hospital (BSH)

• MA0016 - Massachusetts Treatment Center (MTC)

• MA0098 - Massachusetts Alcohol and Substance Abuse Center at Plymouth (MASAC at Plymouth)

Only men are confined at these three facilities. For individuals confined to MA0098, see GN BOS02607.650C.3.i. For Title II alerts, you do not need to contact the Central Records Department for further information.

For individuals confined to MA0013 and MA0016, you must contact the Central Records Department to determine which section of MGL 123 applies to the individual in order to process the Title II alert correctly.

4. Inmate Numbers Beginning with “M” – Male Individuals

All male individuals with inmate numbers beginning with “M” are confined under specific subsections of Massachusetts General Law (MGL) 123 to one of three facilities:

• MA0013 - Bridgewater State Hospital (BSH)

• MA0016 - Massachusetts Treatment Center (MTC)

• MA0098 - Massachusetts Alcohol and Substance Abuse Center at Plymouth (MASAC at Plymouth)

Only men are confined at these three facilities.

For individuals confined to MA0098, see GN BOS02607.650C.3.i. For Title II alerts, you do not need to contact the Central Records Department for further information.

For individuals confined to MA0013 and MA0016, you must contact the Central Records Department to determine which section of MGL 123 applies to the individual in order to process the Title II alert correctly.

a. MGL 123 Section 7

The individual is civilly committed at BSH pending a court hearing to determine if his release from the hospital might result in serious harm to the individual or others by reason of mental illness.

The individual is confined, but not in connection with a crime. Prisoner suspension of Title II benefits does not apply. Clear the Title II alert as a NO SUSPENSION.

b. MGL 123 Section 8

The individual is civilly committed at BSH after a court hearing which determined that the individual’s release from the hospital would create a likelihood of serious harm to the individual or others by reason of mental illness. The civil commitment order of a person under this section is valid for a minimum of six months.

These individuals are confined, but not in connection with a crime. Prisoner suspension of Title II benefits does not apply. Clear the Title II alert as a NO SUSPENSION.

c. MGL 123 Section 15(b)

The individual is a defendant in a criminal case and the court has ordered that the individual be hospitalized at BSH for observation and examination in order to determine if the individual is not competent to stand trial (IST) or not guilty by reason of insanity (NGRI).

If the individual is currently confined under MGL 123 Section 15(b), do not suspend his Title II benefits. The individual is confined in connection with a crime, but has not yet been committed by court order.

If the individual has not been released:

• Clear the alert with a Type of Action “TRIAL PENDING” on the PU02 screen in PUPS.

• Add 30 days to the current date and enter this date in the EXPECTED TRIAL DATE field.

• Contact the Central Records Department again after 30 days have elapsed to determine the individual’s current status.

• If the individual is still undergoing pre-trial evaluation, add another 30 days to the current date and repeat this diary action until a final determination is made on the case.

If the individual has been released to another correctional facility, contact that facility for additional information and take the appropriate action on the PUPS alert.

If the individual has been released and is not currently confined in another facility, clear the PUPS alert as a NO SUSPENSION.

EXAMPLE: You receive a PUPS alert on April 4, 2017, indicating that Joe Evans was confined to BSH on March 12, 2017. You contact BSH and verify the date of confinement and determine that Joe was confined under MGL 123 Section 15(b) and was not released. You clear this alert “TRIAL PENDING” and enter May 4, 2017 in the “EXPECTED TRIAL DATE” field.

On May 4, 2017, you contact the Central Records Department again to ascertain Joe’s current status. You learn that on April 16, 2017, Joe had a court hearing and was officially determined IST under MGL 123 Section 16(b). Joe immediately returned to BSH.

See GN BOS02607.650C.3.e. You should now take action to suspend Joe’s Title II benefits. Use an ACTION EFFECTIVE DATE” of April 2017 (the date of the court determination of IST) and use “MENTAL” on the PU02 screen for the confinement type.

EXAMPLE: You receive a PUPS alert on April 26, 2017, indicating that John was confined to BSH on March 12, 2017. You contact the Central Records Department and verify the date of confinement and determine that John was confined under MGL 123 Section 15(b) but was released to the Essex County Correctional Facility on April 6, 2017 when a court determined that John was competent to stand trial.

The Essex County Correction Facility verifies that John has been confined at the facility since April 6, 2017, pending trial scheduled for May 15, 2017. You clear this alert “TRIAL PENDING” and enter May 15, 2017, in the “EXPECTED TRIAL DATE” field.

d. MGL 123 Section 15(e)

The individual has been convicted on a criminal charge and the court has ordered a period of observation or examination at BSH to aid the court in sentencing. The individual has been convicted, but court has not yet determined the exact length of the sentence and where the individual will serve his sentence.

If the individual is currently confined under MGL 123 Section 15(e), verify the individual’s conviction date and determine if the inmate has been sentenced. If the inmate has not been sentenced, do not suspend benefits until the inmate has been sentenced. Clear the Title II alert as a NO SUSPENSION. If the inmate has been sentenced, suspend his Title II benefits effective with the month the individual was sentenced. Use “PRISON” on the PU02 screen for confinement type.

e. MGL 123 Section 16(a)

A court has officially determined that the individual has been found IST or NGRI.

Prisoner suspension of Title II benefits applies because under MGL 123 Section 16(a) an individual is confined for more than 30 consecutive days, up to a maximum of 40 days. Suspend benefits effective with the date of the court determination and use “MENTAL” on the PU02 screen for the confinement type.

f. MGL 123 Section 16(b)

A court has officially determined that an individual has been found IST or NGRI.

Prisoner suspension of Title II benefits applies because under MGL 123 Section 16(b), an individual is confined for more than 30 consecutive days, up to a maximum of six months. Suspend benefits effective with the date of the court determination and use “MENTAL” on the PU02 screen for the confinement type.

g. MGL 123 Section 16(c)

A court has officially ruled that an individual has been found IST or NGRI.

Prisoner suspension of Title II benefits applies because under MGL 123 Section 16) an individual is confined for more than 30 consecutive days, up to a maximum of twelve months. Suspend benefits effective with the date of the court determination and use “MENTAL” on the PU02 screen for the confinement type.

h. MGL 123 Section 18(a)

If an individual who is confined in a county jail or correctional facility is in need of hospitalization by reason of mental illness, he is transferred to BSH for observation under MGL 123 Section 18(a).

If the individual was confined and convicted in the correctional facility, the individual’s Title II benefits should already be suspended based on a prior report from the correctional facility.

If the individual’s Title II benefits have not been suspended, ask the Central Records Department which facility transferred the individual to BSH. Contact that facility to determine the individual’s current status at that facility and take the appropriate action to clear the PUPS alert based on this information.

An individual who is transferred to BSH under MGL Section 18(a) is temporarily outside the correctional facility because of hospitalization and is still considered to be confined at the correctional facility (GN 02607.160A.3).

i. MGL 123 Section 35

Under MGL 123 Section 35, a male individual is confined to the MASAC at Plymouth (MA0098) under a civil commitment. MASAC is also referred to as the “Boot Camp” or the “Detox Center.” Most confinements at MASAC are for 30 days or less.

These individuals are confined, but not in connection with a crime. Prisoner suspension of Title II benefits does not apply. Clear the Title II PUPS alert as a NO SUSPENSION.

j. MGL 123A

The individual is confined to the MTC (MA0016) under a civil commitment because he has been determined to be a sexually dangerous person.

See GN BOS02607.360 for more information about identifying individuals who meet Title II “Sexual Predator” suspension criteria. If the individual has an inmate number beginning with “M” and is confined at MA0016, contact the Regional Prisoner Coordinator to determine if you should suspend the individual’s Title II benefits.

See GN BOS02607.650D for instructions on processing Title XVI alerts.

5. Inmate Numbers Beginning with “M” – Female Individuals

All female individuals with inmate numbers beginning with “M” are confined to the Massachusetts Correctional Institution (MCI) in Framingham, Massachusetts (MA0010) under Massachusetts General Law (MGL) 123, Section 35 which is a civil commitment. Most confinements under Section 35 are for 30 days or less.

These individuals are confined, but not in connection with a crime. Prisoner suspension of Title II benefits does not apply. Clear the Title II alert as a NO SUSPENSION.

Note: Female individuals committed under other Sections of MGL 123 are confined to facilities under the jurisdiction of the Massachusetts Department of Mental Health (DMH), not the Massachusetts DOC. You can use the instructions in GN BOS02607.650C.3.a through GN BOS02607.650C.3.h to process any reports you receive from any source that an individual is confined at a DMH facility.

See GN BOS02607.650D for instructions on processing Title XVI alerts.

D. Title XVI alerts

Review instructions in GN 02607.050 through GN 02607.990 for general Title XVI prisoner processing guidelines.

When processing Title XVI PUPS alerts from the Massachusetts DOC (3MAP), you do not need to contact the Central Records Department for further information to suspend an individual’s Title XVI benefits if:

• the EVS code on the PUPS record is “V” or “L” (GN 02607.510A.3.) and

• at least one full calendar month has elapsed between the date the individual is first confined and the RECEIPT DATE on the PUPS alert.

Note: In most cases, the system will generate the required SSI advance notice when the payment status N22 is posted to the SSR. See GN 02607.705 to determine when you must prepare a manual due process notice to send to the beneficiary.

If all the above criteria are not met, you must contact the Central Records Department for further information about the length of an individual’s confinement before you can determine whether to suspend an individual’s Title XVI benefits.

E. Contacting the Central Records Department

If you need information from the Central Record Department, Massachusetts DOC requests field offices prepare a fax to them requesting the information you need to verify the PUPS alert information. See GN BOS 02607.650F for instructions on preparing a fax request to Massachusetts DOC. Contact your Regional Prisoner Coordinator if, after contacting the Central Records Department, you need any assistance in determining if you should suspend an individual’s Title II benefits. Failure to do this could result in a delayed or incomplete response.

1. Initial and Follow up Requests

The Central Records Department receives requests for inmate information from many other sources in addition to SSA. The Central Records Department responds to requests on a first come, first served basis but, due to the number of requests it receives from all sources, you may need to wait up to 21 calendar days for a response. Therefore, it is critical that you submit all necessary requests for information to the Central Records Department immediately upon receipt of an alert from 3MAP.

If you do not receive a response 21 calendar days after your initial request, annotate the current date as the date of your follow-up request and refax the original request to the Central Records Department.

If you have not received any response 14 calendar days after your follow-up request, send an email to the Center for Programs Support (CPS) at ||BOS CPS RSI SSI.

2. Inmate Information

It is very important to include the Inmate Number on your request. You can find this Inmate Number when you access the PU02/PU16 screen in the query mode. The inmate number does not appear on the PU02/PU16 screen in the update mode.

Where SSA uses the term “date of confinement,” the Massachusetts DOC uses the term “date committed.” Where SSA uses the term “date of conviction,” the Massachusetts DOC uses the term “date sentence imposed.”

3. Additional Information Needed

Complete the remarks field when faxing your initial request if you need information in addition to the verification of the confinement date, conviction date, and release date. You should make every attempt to request all necessary information on your original request. Review all PUPS reports on an individual before submitting your request to the Central Records Department.

Also, use the remarks field if you receive a response from the Central Records Department and based on the response you determine that you need additional information. Enter, a summary of the additional information needed, and refax the request back to the Central Records Department.

REMINDER: For confinements or convictions after April 1, 2000, you do not need to ask whether the individual was convicted for a misdemeanor or a felony. You should suspend an individual’s Title II benefits if he or she has been confined and convicted for any crime for more than 30 consecutive days, regardless of the actual sentence imposed.

4. Date of Release

The Central Records Department will annotate a projected release date if the individual is still confined. For Title II purposes, use this date to determine if the individual will be confined and convicted for more than 30 consecutive days. For Title XVI purposes, use this date to determine if the individual will be confined throughout an entire calendar month.

If an inmate has been released to another jurisdiction (i.e., another jail or prison facility), you must contact the new jurisdiction before you can make your determination to suspend and/or reinstate benefits.

5. Beneficiary or Recipient is not the Inmate

The Central Records Department cannot correct inmate information if it is incorrect. Once that information is in their system, it becomes a part of their permanent record. If you discover that the alert is not for the actual beneficiary or recipient, refer to GN 02607.600D.1 for processing. If the beneficiary or recipient requests that we delete his or her incorrect PUPS record, refer to GN 02607.890. Do not refer the individual to Massachusetts DOC.

F. Faxing the Request to MA DOC

Requesting Inmate Information from MA DOC

MA DOC requires field offices to a fax them for verification of inmate information.

Fax your request to: MA DOC Central Records - FAX: 978-405-6133

On your fax be sure to add your name, office name, telephone number, fax number, and the date of the initial request.

Provide MA DOC with the inmate’s identification number and the date of his or her confinement. MA DOC will provide you with any information they may have on the inmate. This may include his or her alleged name, date of conviction/sentencing, where he or she is confined, type of MA coding determination, and release information, if available.

If you need more information or have any issues contacting the MA DOC for inmate information, you may contact the Center for Programs Support by email at ||BOS CPS RSI SSI.