Prisoners serving more than 30 consecutive days in the Lawrence County Jail – or any other detention center – will not receive Social Security benefits, according to a new state law.

Saturday, May 13, 2000

Prisoners serving more than 30 consecutive days in the Lawrence County Jail – or any other detention center – will not receive Social Security benefits, according to a new state law.

New legislation began this month that suspends Social Security benefits during the months of incarceration for any person confined to a penal institution for conviction of any crime.

"Benefit suspension previously applied only to crimes that carried a maximum sentence of one year or longer, regardless of the actual time served," Ironton Social Security manager Bette Backus said.

Now, however, if a prisoner is confined for 30 days or more, the benefits are suspended, preventing the convicted criminal from both living off and receiving public money simultaneously, she explained.

"If a prisoner were incarcerated on a long-term basis, they were still getting Social Security benefits – living on public expenses plus getting public money to line their bank accounts with," Mrs. Backus said. "There was a public outcry against it, and this legislation is part of the reaction to that."

Benefits are not arbitrarily suspended for anyone convicted of a crime, however, she said. For either Social Security or Supplemental Security Income (SSI) to be suspended, the period of incarceration must be a consecutive 30 days or longer.

But, the suspension can continue, or be enacted, for individuals in institutions other than jails or prisons, Mrs. Backus said. Individuals who are convicted of a sexual offense and subsequently confined to a public institution by a court order will now be subject to benefit suspension.

"Even after they are released from jail, but are still in a halfway house or other institution, as long as it is at public expense, then their benefits will still be stopped if it is determined they are a sexual predator or something of this nature," she said.

Part of President Clinton’s Ticket to Work and Work Improvement Act of 1999, the changes in benefits are another way to ensure the longevity of Social Security benefits for all citizens, Mrs. Backus said.

"We’re insuring the solvency of the trust fund by not paying it to people who are not due it," Mrs. Backus said.

–  Jails, prisons and public institutions that timely report inmate information that leads to the suspension of Social Security benefits might now be eligible for incentive payments. Previously, the law authorized incentive payments only for information about prisoners who receive Supplemental Security Income (SSI).

Additionally, if a prisoner receives both SSI and Social Security, the cost of incentive payments will be shared between both programs. Institutions that want to participate in the incentive payment program must sign agreements with Social Security, which will be contacting jails, prisons and other public institutions in the near future to negotiate incentive payment agreements.

In Lawrence County, the local jail already is participating in this incentive program – and already has reaped some benefits from that participation.

"Lawrence County Sheriff Roy Smith has signed an agreement with us," Mrs. Backus said. "As a matter of fact, we’ve sent one check of $400 to them."

For more information, visit http://www.ssa.gov or contact the Social Security office at 533-1200.