TN 1 (01-05)

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. Background

1. Violent crimes

For purposes of finding good cause, violent crimes are murder, negligent manslaughter, assault, robbery, sexual abuse, kidnapping, threatening communication, and threats against the President. “Violent” crimes are reported in the 0900, 1000, 1100, 1200, and 1300 series of the NCIC (National Crime Information Center) offense codes. Offense codes representing communication threatening use of physical force are 1602, 2101, 5215, and 5216.

NOTE: For probation or parole violators, the NCIC code will frequently be 5011 or 5012. These codes generically identify the case as a probation or parole violation and do not provide specific information concerning the nature of the original offense or the nature (i.e., nonviolent or not drug related, etc.) of the probation or parole violation. The facts regarding the nature of the probation or parole violation cause may be available on FFAP or on the FFSCF. If there is no additional information provided in the FFAP or on the FFSCAF, the information will have to be obtained from the beneficiary, if necessary, because he/she is requesting good cause.

2. Drug related crimes

Drug related crimes are those that involve “the unlawful cultivation, manufacture, distribution, sale, purchase, use, possession, transportation, or importation of any controlled drug or narcotic substance.” Drug crimes are reported in the 3500 series of the NCIC offense codes.

B. List of violent, drug related, and nonviolent and not drug related offense codes

See GN 02613.900B. for a list of criminal offense codes that the Department of Justice has determined to be violent, drug related, or nonviolent and not drug related. For cases with missing warrant information on the Fugitive Felon System Control File (FFSCF), see GN 02613.175, Obtaining Missing Warrant Information or Incorrect Identity on Warrants.