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2 <br /> <br />D. For Title XVI recipients, section 1611(e)(1)(A) of the Act prohibits SSA from making <br />payments to inmates of public institutions (such as prisons or mental health institutions) <br />for any month during which the recipient is confined throughout the month. <br /> <br />E. Under sections 205(j)(l)(A), 1631(a)(2)(A)(iii), and 1631(a)(2)(B) of the Act, SSA may <br />investigate and monitor the performance of representative payees who are confined in a <br />facility or institution and may revoke their certification for payment of benefits if <br />warranted. <br /> <br />F. Section 552a(a)(8)(B)(viii) of Title 5, U.S.C., as amended by section 402(a)(2) of Public <br />Law 106-170, exempts this agreement, and information exchanged under this agreement, <br />from certain provisions of the Privacy Act relating to computer matches. <br /> <br />G. SSA’s disclosure of information about individuals whose payments have been suspended <br />is authorized by and consistent with section 552a(b)(3) of the Privacy Act 1974, 5 U.S.C. <br />§ 552a(b)(3); section 401.150 of SSA’s privacy regulations, 20 C.F.R. § 401.150; and <br />section 1106 of the Act, 42 U.S.C. § 1306. <br /> <br />III. Definitions <br /> <br />A. “Certain Other Individuals Confined at Public Expense” are individuals confined by <br />court order for more than 30 continuous days in any institution at public expense in <br />connection with: <br /> <br />(1) a verdict or finding that the individual is guilty of a criminal offense but insane; or <br /> <br />(2) a verdict or finding that the individual is not guilty of a criminal offense by reason of <br />insanity; or <br /> <br />(3) a finding that the individual is incompetent to stand trial under an allegation of a <br />criminal offense; or <br /> <br />(4) a similar verdict or finding with respect to such an offense based on similar factors <br />(such as a mental disease, a mental defect, or mental incompetence). <br /> <br />Such an individual is considered confined until: (1) he or she is released from the care <br />and supervision of such institution; and (2) such institution ceases to meet the <br />individual’s basic living needs. <br /> <br />B. “Confined” refers to the status of an individual who is residing in, or under the custody <br />of, a state or local facility or institution by court order in connection with a criminal <br />offense at any time during the period covering this agreement. <br /> <br />C. “Confined individual” for purposes of correctional institution reporting refers to an <br />inmate who is residing in, or under the custody of a State or local correctional facility or <br />institution in connection with an arrest or conviction for committing a criminal offense. A