SI 00530: Fugitive Felons and Parole and Probation Violators
TN 2 (03-05)
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. Introduction
As discussed in earlier sections, warrant and SSR information are screened to determine if good cause can be granted. If so, no suspension action on the warrant and no notice are necessary. If not, we will send recipients a tailored Notice of Planned Action that explains that their payments will be suspended and what specific documentation they must provide to establish that either mandatory or discretionary good cause exists.
B. Procedure
The Notice of Planned Action is located on DOCS (Distributed Online Correspondence System) under posteligibility and is called Fugitive Felon Notice of Planned Action (Title 16). The notice explains that we plan to suspend payments and includes the basic good cause language. When appropriate, tailor the notice to the individual’s circumstances by using paragraph PAY159 to explain what good cause requirements are already met and paragraph PAY160 to list what further proof the individual must provide to establish that good cause exists.
PAY159 and PAY160 are not needed in the Notice of Planned Action if the recipient’s crime was violent or drug related or the crime was nonviolent and not drug related and the subsequent conviction was present on PUPS or otherwise known.
1. Completion of the notice of planned action
Complete the notice fill-ins using the information available from the recipient’s case file and the information that is provided from the OI-5D.
a. Paragraphs to include in paragraph PAY159 and PAY160
Use the following UTIs with paragraph PAY159 to explain which good cause requirements are already met by the recipient based on the case information and the information on the OI-5D.
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UTI |
USE WHEN… |
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FUG032 |
The crime for which the warrant was issued or the probation or parole violation was both nonviolent and not drug related. |
|
FUG033 |
The original crime(s) for which paroled or put on probation was both nonviolent and not drug related. |
|
FUG034 |
Individual has neither been convicted of nor pled guilty to another felony crime since the date of the warrant. |
|
FUG035 |
The law enforcement agency that issued the warrant reports that it will not extradite or that it will not take action on the warrant. |
|
FUG036 |
The only existing warrant was issued 10 or more years ago. |
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FUG037 |
Individual’s medical condition impairs his/her mental capability to resolve the warrant. |
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FUG038 |
The individual has a representative payee. |
|
FUG039 |
The individual is residing in a long-term care facility. |
b. Paragraphs to add to the PAY160 in the notice of planned action
Use the following UTIs with paragraph PAY160 to explain which good cause requirements still need to be met by the beneficiary.
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UTI |
USE WHEN… |
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FUG040 |
The warrant is for a felony crime but you do not know if the crime was both nonviolent and not drug related. |
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FUG041 |
The warrant is for a parole or probation violation and you do not know if the original crime for which the individual was paroled or put on probation was both nonviolent and not drug related. |
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FUG042 |
You do not know if the warrant was issued for a felony crime or a probation/parole violation and you do not know if the crime or violation was both nonviolent and not drug related. |
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FUG043 |
You do not know if the individual has been convicted of or pled guilty to another felony crime since the date of the warrant. |
|
FUG044 |
The law enforcement agency that issued the warrant has not reported that it will not extradite or that it will not take action on the warrant. |
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FUG045 |
The only existing warrant was issued 10 or more years ago and the individual does not have one of the medical impairment codes listed in GN 02613.910 and does not have a representative payee. |
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FUG046 |
The only existing warrant was issued 10 or more years ago and the individual does not have one of the medical impairment codes listed in GN 02613.910 and does not have a representative payee and is residing in a long-term care facility. |