108 STAT. 4076
PUBLIC LAW 103-387—OCT. 22, 1994
SEC. 4. NONPAYMENT OF BENEFITS TO INCARCERATED INDIVIDUALS
AND INDIVIDUALS CONFINED IN CRIMINAL CASES PURSU-
ANT TO CONVICTION OR BY COURT ORDER BASED ON FIND-
INGS OF INSANITY.
(a) IN GENERAL. —Section 202(x) of the Social Security Act
(42 U.S.C. 402(x)) is amended—
(1) in the heading, by inserting "and Certain Other Inmates
of Publicly Funded Institutions" after "Prisoners";
(2) by striking "(x)(l) Notwithstanding" and all that follows
through the end of paragraph (1) and inserting the following:
"(x)(l)(A) Notwithstanding any other provision of this title,
no monthly benefits shall be paid under this section or under
section 223 to any individual for any month during which such
individual—
"(i) is confined in a jail, prison, or other penal institution
or correctional facility pursuant to his conviction of an offense
punishable by imprisonment for more than 1 year (regardless
of the actual sentence imposed), or
"(ii) is confined by court order in an institution at public
expense in connection with—
"(I) a verdict or finding that the individual is guilty
but insane, with respect to an offense punishable by imprisonment for more than 1 year,
"(II) a verdict or finding that the individual is not
guilty of such an offense by reason of insanity,
"(III) a finding that such individual is incompetent
to stand trial under an allegation of such an offense, or
"(IV) a similar verdict or finding with respect to such
an offense based on similar factors (such as a mental
disease, a mental defect, or mental incompetence).
"(B)(i) For purposes of clause (i) of subpsu^graph (A), an individual shall not be considered confined in an institution comprising
a jail, prison, or other penal institution or correctional facility
during any month throughout which such individual is residing
outside such institution at no expense (other than the cost of monitoring) to such institution or the penal system or to any agency
to which the penal system has transferred jurisdiction over the
individual.
" (ii) For purposes of clause (ii) of subparagraph (A), an individual confined in an institution as described in such clause (ii) shall
be treated as remaining so confined until—
"(I) he or she is released fix)m the care and supervision
of such institution, and
"(II) such institution ceases to meet the individual's basic
Hving needs.";
and
(3) in paragraph (3), by striking "any individual" and all
that follows and inserting "any individual who is confined as
described in paragraph (1) if the confinement is under the
jurisdiction of such agency and the Commissioner of Social
Security requires such information to carry out the provisions
of this section.".
42 USC 402 note.
(b) EFFECTIVE DATE. —The amendments made by this section
shall apply with respect to benefits for months commencing after
90 days after the date of the enactment of this Act.
�
