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.
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