Denial of Supplemental Security Income Benefits for Fugitive Felons and Probation and Parole Violators

SOCIAL SECURITY ADMINISTRATION

20 CFR Part 416

RIN 0960-AE77

Denial of Supplemental Security Income Benefits for Fugitive

Felons and Probation and Parole Violators

AGENCY: Social Security Administration.

ACTION: Proposed rules.

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SUMMARY: These proposed regulations would change our rules to reflect

an amendment to the Social Security Act (the Act) made by Public Law

104-193, the Personal Responsibility and Work Opportunity

Reconciliation Act of 1996. The amendment prohibits payment of

Supplemental Security Income (SSI) benefits to certain fugitives and

probation and parole violators.

DATES: To be sure that your comments are considered, we must receive

them no later than August 11, 1998.

ADDRESSES: Comments should be submitted in writing to the Commissioner

of Social Security, P.O. Box 1585, Baltimore, MD 21235; sent by telefax

to (410) 966-2830; sent by E-mail to ``[email protected]''; or

delivered to the Office of Process and Innovation Management, Social

Security Administration, L2109 West Low Rise, 6401 Security Boulevard,

Baltimore, MD 21235, between 8:00 A.M. and 4:30 P.M. on regular

business days. Comments may be inspected during these same hours by

making arrangements with the contact person shown below.

FOR FURTHER INFORMATION CONTACT: Teresa Robinson, Policy Analyst,

Office of Program Benefits Policy, Social Security Administration, 6401

Security Boulevard, Baltimore, MD 21235, (410) 965-7960 for information

about these rules. For information on eligibility or claiming benefits,

call our national toll-free number, 1-800-772-1213.

SUPPLEMENTARY INFORMATION:

Background

Section 202(a) of Public Law 104-193 added section 1611(e)(5) of

the Act to preclude eligibility for SSI benefits for certain fugitives

and probation and parole violators. In general, section 1611(e)(5) of

the Act provides that a person shall not be considered an eligible

individual or eligible spouse for purposes of the SSI program for any

month during which the person is--

Fleeing to avoid prosecution for a crime, or an attempt to

commit a crime, which is a felony under the laws of the place from

which the person flees (or which, in the case of the State of New

Jersey, is a high misdemeanor under the laws of that State);

Fleeing to avoid custody or confinement after conviction

for a crime, or an attempt to commit a crime, which is a felony under

the laws of the place from which the person flees (or which, in the

case of the State of New Jersey, is a high misdemeanor under the laws

of that State); or

[[Page 32162]]

Violating a condition of probation or parole imposed under

Federal or State law.

Section 1611(e)(5) of the Act was effective on August 22, 1996, the

date of the enactment of Public Law 104-193, and applies with respect

to eligibility for SSI benefits for months beginning in August 1996.

Proposed Regulations

We are proposing to amend our regulations concerning the SSI

program under title XVI of the Act to indicate that a person will not

be eligible for SSI benefits under the circumstances described in

section 1611(e)(5) of the Act. For this purpose, we propose to make

changes to the regulations in subparts B, G, and M of 20 CFR part 416,

the part which contains the regulations for the SSI program.

Subpart B of 20 CFR part 416 explains the general rules that we

apply in determining a person's eligibility for SSI benefits. In

general, a person may be eligible for SSI benefits if he or she is a

resident of the United States, has limited income and resources, and is

age 65 or older, blind, or disabled.

Section 416.202 lists the basic requirements which must be met in

order for a person to be eligible for SSI benefits. We propose to amend

Sec. 416.202 to indicate that, in order to be eligible for SSI

benefits, a person must not be--

(1) Fleeing to avoid prosecution for a crime, or an attempt to

commit a crime, which is a felony under the laws of the place from

which the person flees (or which, in the case of the State of New

Jersey, is a high misdemeanor under the laws of that State);

(2) Fleeing to avoid custody or confinement after conviction for a

crime, or an attempt to commit a crime, which is a felony under the

laws of the place from which the person flees (or which, in the case of

the State of New Jersey, is a high misdemeanor under the laws of that

State); or

(3) Violating a condition of probation or parole imposed under

Federal or State law.

To make this change, we propose to redesignate existing paragraph

(f) of Sec. 416.202 as paragraph (g) and to add a new paragraph (f)

which would contain the provisions described above.

The regulations in subpart G of 20 CFR part 416 require an SSI

recipient, a representative payee of an SSI recipient, or an applicant

for SSI benefits to report events that may affect eligibility or

continued eligibility for SSI benefits or the amount of benefits. The

regulations explain that a failure to make a timely report of such an

event may result in the assessment of a penalty deduction against an

individual's SSI benefits.

Section 416.708 of the regulations describes events which must be

reported by an individual receiving SSI benefits, a representative

payee for an SSI recipient, or an applicant awaiting a final decision

on an application for SSI benefits. Under section 416.722 of the

regulations, a penalty deduction will be applied if the SSI applicant,

recipient or representative payee, without good cause, fails to report

such events, and received benefits that would have been reduced,

suspended or terminated if the event had been timely reported. The

circumstances described in section 1611(e)(5) of the Act would make

such applicant or recipient ineligible for SSI benefits. Therefore, we

are proposing to amend Sec. 416.708 by adding a new paragraph (o) to

the list of events that must be reported, and that if not reported, may

result in the assessment of a penalty deduction. New paragraph (o)

would require an SSI applicant or recipient, or a representative for an

SSI recipient, to report to us the occurrence of any of the

circumstances specified in section 1611(e)(5) of the Act which would

make such applicant or recipient ineligible for SSI benefits.

Of course, we recognize that many SSI applicants or recipients may

not report their status under section 1611(e)(5) of the Act to us.

Thus, we will not depend on the reports of the individual recipient or

applicant for information that he or she is fleeing prosecution,

custody or confinement or violating a condition of probation or parole.

We will place heavy emphasis on other sources of such information in

determining whether someone is ineligible under this provision. Our

principal source will be records of Federal and State law enforcement

agencies and penal institutions, but we will continue to explore all

other avenues of independent sources of information which will help us

decide whether individuals are ineligible, particularly under the

provisions of section 1611(e)(5) of the Act.

Subpart M of 20 CFR part 416 provides rules for suspending or

terminating an individual's SSI benefit payments when he or she no

longer meets the requirements for eligibility for SSI benefits. We are

proposing to add new Sec. 416.1339 to this subpart to explain the

requirement to suspend payments when an SSI recipient is found to be an

individual who falls under one of the provisions of section 1611(e)(5)

of the Act.

Proposed Sec. 416.1339 provides that suspension of benefit payments

because an individual is a fugitive or a probation or parole violator,

as described above, is effective with the first day of whichever of the

following months is earlier--

The month in which a warrant or order for the individual's

arrest or apprehension, an order requiring the individual's appearance

before a court or other appropriate tribunal (e.g., a parole board), or

a similar order is issued by a court or other duly authorized tribunal

on the basis of an appropriate finding that the individual--

(1) Is fleeing, or has fled, to avoid prosecution for a crime, or

an attempt to commit a crime, which is a felony under the laws of the

place from which the person flees (or which, in the case of the State

of New Jersey, is a high misdemeanor under the laws of that State);

(2) Is fleeing, or has fled, to avoid custody or confinement after

conviction for a crime, or an attempt to commit a crime, which is a

felony under the laws of the place from which the person flees (or

which, in the case of the State of New Jersey, is a high misdemeanor

under the laws of that State); or

(3) Is violating, or has violated, a condition of his or her

probation or parole imposed under Federal or State law; or

The first month during which the individual fled to avoid

such prosecution, fled to avoid such custody or confinement after

conviction, or violated a condition of his or her probation or parole,

if indicated in such warrant or order, or in a decision by a court or

other appropriate tribunal.

Proposed Sec. 416.1339 explains that an individual will not be

considered to be ineligible for SSI benefits and benefit payments will

not be suspended under the provisions of that section for any month

prior to August 1996.

Proposed Sec. 416.1339 also explains that benefits will be resumed,

if otherwise payable, effective with the first month throughout which

the individual is determined to be no longer fleeing to avoid such

prosecution, fleeing to avoid such custody or confinement after

conviction, or violating a condition of his or her probation or parole.

We also propose to amend the second sentence of

Sec. 416.1337(b)(3)(ii) which contains a cross-reference to the

sections of subpart M which describe conditions under which SSI

benefits are suspended. We propose to revise the cross-reference to

include a reference to new Sec. 416.1339.

[[Page 32163]]

Electronic Version

The electronic file of this document is available on the Federal

Bulletin Board (FBB) at 9:00 A.M. on the date of publication in the

Federal Register. To download the file, modem dial (202) 512-1387. The

FBB instructions will explain how to download the file and the fee.

This file is in WordPerfect and will remain on the FBB during the

comment period.

Regulatory Procedures

Executive Order 12866

We have consulted with the Office of Management and Budget (OMB)

and determined that these proposed rules do meet the criteria for a

significant regulatory action under Executive Order 12866.

Regulatory Flexibility Act

We certify that these proposed regulations, if promulgated, will

not have a significant economic impact on a substantial number of small

entities because these rules affect only individuals. Therefore, a

regulatory flexibility analysis as provided in Public Law 96-354, the

Regulatory Flexibility Act, as amended by Public Law 104-121, is not

required.

Paperwork Reduction Act

These proposed rules contain a reporting requirement in proposed

Sec. 416.708(o). As required by 44 U.S.C. 3507, as amended by section 2

of the Paperwork Reduction Act of 1995, we submitted a copy of the

proposed rules to OMB for its review.

Section 416.708(o) of the proposed regulations requires an SSI

applicant or recipient, or a representative payee of an SSI recipient,

to report to SSA that the applicant or recipient is a fugitive or

probation or parole violator as described in that section if such event

occurs. The information reported will be used by SSA to deny

eligibility for SSI benefits or suspend SSI benefit payments. The

respondents are SSI applicants, recipients or representative payees. We

estimate that the public reporting burden will be 1 minute per response

for 1,000 respondents, resulting in 16.6 annual burden hours. This

includes the time it will take to read any instructions and provide the

information. If you have any comments or suggestions on this estimate,

write to OMB and SSA at the following addresses:

Office of Management and Budget, OIRA, Attention: Laura Oliven, Room

10230, New Executive Office Building, Washington, D.C. 20503 and

Social Security Administration, DCFAM, Attention: Nicholas E.

Tagliareni, 1-A-21 Operations Building, 6401 Security Boulevard,

Baltimore, MD 21235.

In addition to your comments on the accuracy of the Agency's burden

estimate, we are soliciting comments on the need for the information;

its practical utility; ways to enhance its quality, utility and

clarity; and on ways to minimize burden on respondents, including the

use of automated collection techniques or other forms of information

technology.

(Catalog of Federal Domestic Assistance Program No. 96.006,

Supplemental Security Income)

List of Subjects in 20 CFR Part 416

Administrative practice and procedure, Aged, Blind, Disability

benefits, Public assistance programs, Reporting and recordkeeping

requirements, Supplemental Security Income (SSI).

Dated: February 25, 1998.

Kenneth S. Apfel,

Commissioner of Social Security.

For the reasons set out in the preamble, subparts B, G, and M of

part 416 of chapter III of title 20 of the Code of Federal Regulations

are proposed to be amended as follows:

PART 416--SUPPLEMENTAL SECURITY INCOME FOR THE AGED, BLIND, AND

DISABLED

Subpart B to Part 416--[Amended]

1. The authority citation for subpart B of part 416 continues to

read as follows:

Authority: Secs. 702(a)(5), 1110(b), 1602, 1611, 1614, 1615(c),

1619(a), 1631, and 1634 of the Social Security Act (42 U.S.C.

902(a)(5), 1310(b), 1381a, 1382, 1382c, 1382d(c), 1382h(a), 1383,

and 1383c); secs. 211 and 212, Pub. L. 93-66, 87 Stat. 154 and 155

(42 U.S.C. 1382 note); sec. 502(a), Pub. L. 94-241, 90 Stat. 268 (48

U.S.C. 1681 note); sec. 2, Pub. L. 99-643, 100 Stat. 3574 (42 U.S.C.

1382h note).

2. Section 416.202 is amended by redesignating paragraph (f) as

paragraph (g) and by adding a new paragraph (f) to read as follows:

Sec. 416.202 Who may get SSI benefits.

* * * * *

(f) You are not--

(1) Fleeing to avoid prosecution for a crime, or an attempt to

commit a crime, which is a felony under the laws of the place from

which you flee (or which, in the case of the State of New Jersey, is a

high misdemeanor under the laws of that State);

(2) Fleeing to avoid custody or confinement after conviction for a

crime, or an attempt to commit a crime, which is a felony under the

laws of the place from which you flee (or which, in the case of the

State of New Jersey, is a high misdemeanor under the laws of that

State); or

(3) Violating a condition of probation or parole imposed under

Federal or State law.

* * * * *

Subpart G to Part 416--[Amended]

3. The authority citation for subpart G of part 416 continues to

read as follows:

Authority: Secs. 702(a)(5), 1611, 1612, 1613, 1614, and 1631 of

the Social Security Act (42 U.S.C. 902(a)(5), 1382, 1382a, 1382b,

1382c, and 1383); sec. 211, Pub. L. 93-66, 87 Stat. 154 (42 U.S.C.

1382 note).

4. Section 416.708 is amended by adding a new paragraph (o) to read

as follows:

Sec. 416.708 What you must report.

* * * * *

(o) Fleeing to avoid criminal prosecution or custody or confinement

after conviction, or violating probation or parole. You must report to

us that you are--

(1) Fleeing to avoid prosecution for a crime, or an attempt to

commit a crime, which is a felony under the laws of the place from

which you flee (or which, in the case of the State of New Jersey, is a

high misdemeanor under the laws of that State);

(2) Fleeing to avoid custody or confinement after conviction for a

crime, or an attempt to commit a crime, which is a felony under the

laws of the place from which you flee (or which, in the case of the

State of New Jersey, is a high misdemeanor under the laws of that

State); or

(3) Violating a condition of probation or parole imposed under

Federal or State law.

Subpart M to Part 416--[Amended]

5. The authority citation for subpart M of part 416 continues to

read as follows:

Authority: Secs. 702(a)(5), 1611-1615, 1619, and 1631 of the

Social Security Act (42 U.S.C. 902(a)(5), 1382-1382d, 1382h, and

1383).

6. In Sec. 416.1337, the second sentence of paragraph (b)(3)(ii) is

revised to read as follows:

Sec. 416.1337 Exceptions to the continuation of previously established

payment level.

* * * * *

(b) * * *

(3) * * *

(ii) * * * However, if the individual's benefits had been correctly

suspended as provided in Secs. 416.1321 through

[[Page 32164]]

416.1330 or Sec. 416.1339 and they should have remained suspended but a

benefit that exceeded the dollar limitation was paid, no further

payment shall be made to him at this time and notice of the planned

action shall not contain any provision regarding continuation of

payment pending appeal. * * *

* * * * *

7. New Sec. 416.1339 is added to subpart M to read as follows:

Sec. 416.1339 Suspension due to flight to avoid criminal prosecution

or custody or confinement after conviction, or due to violation of

probation or parole.

(a) Basis for suspension. An individual is ineligible for SSI

benefits for any month during which he or she is--

(1) Fleeing to avoid prosecution for a crime, or an attempt to

commit a crime, which is a felony under the laws of the place from

which the individual flees (or which, in the case of the State of New

Jersey, is a high misdemeanor under the laws of that State); or

(2) Fleeing to avoid custody or confinement after conviction for a

crime, or an attempt to commit a crime, which is a felony under the

laws of the place from which the individual flees (or which, in the

case of the State of New Jersey, is a high misdemeanor under the laws

of that State); or

(3) Violating a condition of probation or parole imposed under

Federal or State law.

(b) Suspension Effective date. (1) Suspension of benefit payments

because an individual is a fugitive as described in paragraph (a)(1) or

(a)(2) of this section or a probation or parole violator as described

in paragraph (a)(3) of this section is effective with the first day of

whichever of the following months is earlier--

(i) The month in which a warrant or order for the individual's

arrest or apprehension, an order requiring the individual's appearance

before a court or other appropriate tribunal (e.g., a parole board), or

similar order is issued by a court or other duly authorized tribunal on

the basis of an appropriate finding that the individual--

(A) Is fleeing, or has fled, to avoid prosecution as described in

paragraph (a)(1) of this section;

(B) Is fleeing, or has fled, to avoid custody or confinement after

conviction as described in paragraph (a)(2) of this section; or

(C) Is violating, or has violated, a condition of his or her

probation or parole as described in paragraph (a)(3) of this section;

or

(ii) The first month during which the individual fled to avoid such

prosecution, fled to avoid such custody or confinement after

conviction, or violated a condition of his or her probation or parole,

if indicated in such warrant or order, or in a decision by a court or

other appropriate tribunal.

(2) An individual will not be considered to be ineligible for SSI

benefits and benefit payments will not be suspended under this section

for any month prior to August 1996.

(c) Resumption of payments. If benefits are otherwise payable, they

will be resumed effective with the first month throughout which the

individual is determined to be no longer fleeing to avoid such

prosecution, fleeing to avoid such custody or confinement after

conviction, or violating a condition of his or her probation or parole.

[FR Doc. 98-15699 Filed 6-11-98; 8:45 am]

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