I 
112TH CONGRESS 
2D SESSION 
H. R. 6256 
To ensure prompt access to Supplemental Security Income, Social Security 
disability, and Medicaid benefits for persons released from certain public 
institutions. 
IN THE HOUSE OF REPRESENTATIVES 
AUGUST 1, 2012 
Mr. CARSON of Indiana (for himself, Mr. STARK, Ms. RICHARDSON, Ms. LEE 
of California, Mr. CUMMINGS, Ms. JACKSON LEE of Texas, Ms. NORTON, 
Ms. MOORE, Mr. KUCINICH, and Ms. EDWARDS) introduced the following 
bill; which was referred to the Committee on Ways and Means, and in 
addition to the Committee on Energy and Commerce, for a period to be 
subsequently determined by the Speaker, in each case for consideration 
of such provisions as fall within the jurisdiction of the committee con-
cerned 
A BILL 
To ensure prompt access to Supplemental Security Income, 
Social Security disability, and Medicaid benefits for per-
sons released from certain public institutions. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Recidivism Reduction 
Act’’. 
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SEC. 2. FINDINGS. 
The Congress finds as follows: 
(1) There are an estimated 350,000 mentally ill 
individuals in State and Federal prisons. 
(2) According to the Bureau of Justice Statis-
tics, nearly 15 percent of men and 31 percent of 
women in jails have serious mental illnesses, with fe-
male inmates having higher rates of mental health 
problems than male inmates—State prisons: 73 per-
cent of females and 55 percent of males; local jails: 
75% of females and 63% of males. 
(3) According to surveys completed by the Bu-
reau of Justice Statistics, 16.3 percent of jail in-
mates reported they had a ‘‘mental health condition’’ 
or an overnight stay in a ‘‘mental hospital’’ in their 
lifetime, and 60.5 percent of local jail inmates re-
ported they had symptoms of a mental illness. 
(4) Access to Federal disability and health care 
benefits is a critical component of the successful re- 
entry into the community of indigent individuals 
with disabilities who are released from jail, prison, 
juvenile detention, or other correctional facilities. 
(5) As a matter of public safety, individuals 
with disabilities released from correctional facilities 
must be reinstated in the Federal benefit programs 
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that are designed to provide the health services and 
financial supports on which they rely. 
(6) Individuals with disabilities who live in ex-
treme poverty and who are too disabled to work 
after release from correctional facilities require Gov-
ernment supports such as Social Security Disability 
Insurance (SSDI), Supplemental Security Income 
(SSI), or Medicaid to maintain health and to safely 
transition from correctional facilities into the com-
munity. 
(7) It is the policy of the United States to pro-
vide individuals with disabilities assistance in leading 
healthy and productive lives. 
(8) On average, mentally ill inmates serve 103.4 
months in State prison until their release, as com-
pared to 88.2 months for other inmates. Yet, their 
SSI benefits terminate after 12 consecutive months 
of their incarceration. On average, it takes 93 days 
to reinstate those benefits. 
(9) Health care benefits are especially impor-
tant to low-income individuals with disabilities who 
often cannot afford private market insurance and 
who are at great risk of incurring exorbitant costs 
for health care. SSI beneficiaries who lose benefits 
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because of incarceration may also lose Medicaid cov-
erage. 
(10) Without prompt access to Federal dis-
ability benefits on their release, individuals with psy-
chiatric disabilities who come into contact with the 
criminal justice system often become trapped in 
many cycles of arrest, release, destitution, deteriora-
tion, and re-arrest. 
(11) Rates for mentally ill offenders are very 
high. A Bureau of Justice Statistics report found 
that over 3⁄4 of mentally ill inmates had been sen-
tenced to time in prison or jail or were on probation 
at least once before their current sentence. 
(A) Three-quarters of those returning from 
prison have a history of substance use dis-
orders. Over 70 percent of prisoners with seri-
ous mental illnesses also have a substance use 
disorder. 
(B) Among repeat offenders, an estimated 
47 percent of State prisoners who had a mental 
health problem were violent recidivists, com-
pared to 39 percent of State prisoners without 
a mental problem. 
(12) Among the mentally ill, 52 percent of 
State prison inmates, 54 percent of jail inmates, and 
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49 percent of Federal prison inmates reported 3 or 
more prior sentences of probation or incarceration. 
(13) Nearly 1⁄4 of both State prisoners and jail 
inmates who had a mental health problem, compared 
to 1⁄5 of those without, had been incarcerated on 3 
or more prior occasions. 
(14) Although discharge-planning practices vary 
considerably, inmates are typically released with no 
more than a 2-week supply of even crucial medica-
tions such as insulin and with no primary care fol-
low-up, so the burden of care falls predominantly on 
emergency rooms and is financed primarily by the 
public. 
SEC. 3. SUPPLEMENTAL SECURITY INCOME BENEFITS. 
(a) REINSTATEMENT OR RESUMPTION OF BENEFITS 
ON RELEASE OF INMATE FROM INCARCERATION.—Sec-
tion 1631 of the Social Security Act (42 U.S.C. 1383) is 
amended by adding at the end the following: 
‘‘(q)(1)(A)(i) Eligibility for benefits under this title 
shall be reinstated in any case where the Commissioner 
determines that an individual described in clause (ii) has 
filed a request for reinstatement meeting the requirements 
of subparagraph (B)(i) during the period described in 
clause (iii). Reinstatement of eligibility shall be in accord-
ance with the terms of this paragraph. 
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‘‘(ii) An individual is described in this clause if— 
‘‘(I) before the month in which the individual 
files a request for reinstatement— 
‘‘(aa) the individual was eligible for bene-
fits under this title on the basis of disability; 
and 
‘‘(bb) the individual thereafter was ineli-
gible for such benefits because the individual 
was an inmate of a jail, prison, penal institu-
tion, or correctional facility for a period of 12 
or more consecutive months; 
‘‘(II) the individual is blind or disabled, and the 
individual’s blindness or disability renders the indi-
vidual unable to perform substantial gainful activity; 
and 
‘‘(III) the individual meets the nonmedical re-
quirements for eligibility for benefits under this title. 
‘‘(iii)(I) Except as provided in subclause (II), the pe-
riod prescribed in this clause with respect to an individual 
is 36 consecutive months beginning with the month fol-
lowing the most recent month for which the individual was 
ineligible for benefits under this title before the period of 
ineligibility described in clause (ii)(I)(bb). 
‘‘(II) In the case of an individual who fails to file 
a reinstatement request within the period described in sub-
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clause (I), the Commissioner may extend the period if the 
Commissioner determines that the individual had good 
cause for the failure to so file. 
‘‘(B)(i)(I) A request for reinstatement shall be filed 
on such form, and contain such information, as the Com-
missioner may prescribe. 
‘‘(II) A request for reinstatement shall include ex-
press declarations by the individual stating that the indi-
vidual meets the requirements specified in subclauses (II) 
and (III) of subparagraph (A)(ii). 
‘‘(III) A request for reinstatement shall include an 
express declaration by a health care professional that the 
individual is blind or disabled. 
‘‘(ii) A request for reinstatement filed in accordance 
with this paragraph may constitute an application for ben-
efits in the case of any individual who the Commissioner 
determines is not eligible for reinstated benefits under this 
paragraph. 
‘‘(C) In determining whether an individual meets the 
requirement of subparagraph (A)(ii)(II), the provisions of 
section 1614(a)(4) shall apply. 
‘‘(D)(i) Eligibility for benefits reinstated under this 
paragraph shall commence with the benefit payable for the 
month in which— 
‘‘(I) a request for reinstatement is filed; or 
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‘‘(II) if the request is filed before the individual 
is discharged or released from a jail, prison, deten-
tion center, or correctional facility, the individual is 
so discharged or released. 
‘‘(ii)(I) Subject to subclause (II), the amount of ben-
efit payable for any month pursuant to the reinstatement 
of eligibility under this paragraph shall be determined in 
accordance with the provisions of this title. 
‘‘(II) The benefit under this title payable for any 
month pursuant to a request for reinstatement filed in ac-
cordance with subparagraph (B) shall be reduced by the 
amount of any provisional benefit paid to the individual 
for the month under subparagraph (G). 
‘‘(E) Whenever an individual’s eligibility for benefits 
under this title is reinstated under this paragraph, eligi-
bility for the benefits shall be reinstated with respect to 
the individual’s spouse if the spouse was previously an eli-
gible spouse of the individual under this title and the Com-
missioner determines that the spouse satisfies all the re-
quirements for eligibility for the benefits except require-
ments related to the filing of an application. The provi-
sions of subparagraph (D) shall apply to the reinstated 
eligibility of the spouse to the same extent that they apply 
to the reinstated eligibility of the individual. 
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‘‘(F) An individual to whom benefits are payable 
under this title pursuant to a reinstatement of eligibility 
under this paragraph for 12 months shall, with respect 
to benefits so payable after such 12th month, be deemed 
for purposes of subparagraph (A)(ii)(II)(aa) to be eligible 
for such benefits on the basis of an application filed there-
for. 
‘‘(G)(i) An individual described in subparagraph 
(A)(ii) who files a request for reinstatement in accordance 
with the provisions of subparagraph (B)(i) shall be eligible 
for provisional benefits payable in accordance with this 
subparagraph, unless the Commissioner determines that 
the individual does not meet the requirements of subpara-
graph (A)(ii)(I) or that the individual’s declaration under 
subparagraph (B)(i)(II) is false. Any such determination 
by the Commissioner shall be final and not subject to re-
view under paragraph (1) or (3) of subsection (c). 
‘‘(ii) The amount of the provisional benefit shall equal 
the amount of the benefit that was payable to the indi-
vidual under this title for the month before the most re-
cent period of ineligibility described in subparagraph 
(A)(ii)(I)(aa). 
‘‘(iii) Provisional benefits shall end when the Com-
missioner makes a determination regarding the individ-
ual’s eligibility for reinstated benefits. 
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‘‘(iv) In any case in which the Commissioner deter-
mines that an individual is not eligible for reinstated bene-
fits, any provisional benefits paid to the individual under 
this subparagraph shall not be considered a liability or 
subject to recovery as an overpayment, unless the Com-
missioner determines that the individual knew that the in-
dividual did not meet the requirements of subparagraph 
(A)(ii). 
‘‘(2) In the case of an individual whose benefits under 
this title are suspended because the individual is an in-
mate of a jail, prison, penal institution, or correctional fa-
cility, payment of such benefits shall resume on the date 
the individual is released from the jail, prison, penal insti-
tution, or correctional facility. 
‘‘(3) For purposes of this subsection, the term ‘bene-
fits under this title’ includes State supplementary pay-
ments made pursuant to an agreement under section 
1616(a) of this Act or section 212(b) of Public Law 93– 
66.’’. 
(b) COOPERATION OF PENAL INSTITUTIONS IN PRO-
VIDING NOTICE OF PENDING RELEASE OF INMATE AND 
IN ASSISTING SOON TO BE RELEASED INMATES IN HAV-
ING BENEFITS RESUMED.— 
(1) IN GENERAL.—Section 1611(e)(1)(I)(i) of 
such Act (42 U.S.C. 1382(e)(1)(I)(i)) is amended— 
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notify each institution with which the Commissioner 
has entered into an agreement under section 
1611(e)(1)(I)(i) of the Social Security Act of the 
payment restriction added by paragraph (1) of this 
subsection. 
(c) NOTICE AND TRAINING RELATED TO PRE-RE-
LEASE AGREEMENTS.—Section 1611(e)(1)(I) of such Act 
(42 U.S.C. 1382(e)(1)(I)) is amended by adding at the 
end the following: 
‘‘(v) The Commissioner shall biennially notify each 
State or local institution comprising a jail, prison, penal 
institution, or correctional facility, and any other State or 
local institution a purpose of which is to confine individ-
uals as described in section 202(x)(1)(A)(ii) of the avail-
ability of the agreements provided for in this subpara-
graph. 
‘‘(vi) The Commissioner shall, from time to time, 
offer institutions described in clause (v) training in enter-
ing into the agreements provided for in this subparagraph. 
‘‘(vii) Within 6 months after the end of each fiscal 
year, the Commissioner shall submit to the Congress a 
written report on the activities conducted pursuant to this 
subparagraph during the fiscal year. 
‘‘(viii) The Commissioner shall develop a model pre- 
release agreement and model pre-release procedures, 
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which States may use to facilitate the goals of this sub-
paragraph.’’. 
(d) EFFECTIVE DATE.—Except as provided in sub-
section (b)(2), the amendments made by this section shall 
take effect on the date of the enactment of this Act, and 
shall apply to benefits payable for months beginning after 
such date. 
SEC. 4. SOCIAL SECURITY BENEFITS. 
(a) PRE-RELEASE
PROCEDURES
FOR
DISABLED 
PRISONERS AND OTHER INDIVIDUALS.— 
(1) IN GENERAL.—Section 202(x) of the Social 
Security Act (42 U.S.C. 402(x)) is amended by add-
ing at the end the following new paragraph: 
‘‘(4) The Commissioner shall develop a system under 
which an individual whose disability insurance benefits 
under section 223 or other benefits under this section 
based on disability have been suspended under this sub-
section by reason of confinement in an institution com-
prising a jail, prison, penal institution, or correctional fa-
cility, or comprising any other institution a purpose of 
which is to confine individuals as described in paragraph 
(1)(A)(ii), can apply for resumption of such benefits prior 
to cessation of such confinement.’’. 
(2) EFFECTIVE DATE.—The Commissioner of 
Social Security shall implement the system described 
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in section 202(x)(4) of the Social Security Act (as 
added by this subsection) not later than 180 days 
after the date of the enactment of this Act. 
(b) COOPERATION OF PENAL INSTITUTIONS IN PRO-
VIDING NOTICE OF PENDING RELEASE OF INMATE AND 
IN ASSISTING SOON TO BE RELEASED INMATES IN HAV-
ING BENEFITS RESUMED.— 
(1) IN
GENERAL.—Section 202(x)(3)(B)(i) of 
such Act (42 U.S.C. 402(x)(3)(B)(i)) is amended— 
(A) in subclause (I), by inserting ‘‘and 
scheduled release’’ after ‘‘commencement’’; and 
(B) in subclause (II)— 
(i) by inserting ‘‘(other than sched-
uled release information)’’ before ‘‘to the 
Commissioner’’; 
(ii) by inserting ‘‘(other than sched-
uled release information)’’ before ‘‘after 30 
days’’; and 
(iii) by inserting ‘‘, except that the 
Commissioner shall not make a payment 
under this subclause to an institution if 
the institution does not furnish scheduled 
release information at least 30 days before 
the scheduled release or does not have in 
place personnel and procedures to inform 
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and assist inmates scheduled to be released 
in applying to have their benefits under 
this title resumed’’ before the period. 
(2) EFFECTIVE DATE.—The amendments made 
by paragraph (1) shall take effect 1 year after the 
date of the enactment of this Act. 
(3) NOTICE OF REQUIREMENT TO FURNISH IN-
FORMATION
ABOUT
SCHEDULED
RELEASE
OF
IN-
MATES.—The Commissioner of Social Security shall 
notify each institution with which the Commissioner 
has entered into an agreement under section 
202(x)(3)(B)(i) of the Social Security Act of the 
payment restriction added by paragraph (1) of this 
subsection. 
(c) NOTICE AND TRAINING RELATED TO PRE-RE-
LEASE AGREEMENTS.—Section 202(x)(3)(B) of such Act 
(42 U.S.C. 402(x)(3)(B)) is amended by adding at the end 
the following: 
‘‘(v) The Commissioner shall biennially notify each 
State or local institution comprising a jail, prison, penal 
institution, or correctional facility, and any other State or 
local institution a purpose of which is to confine individ-
uals as described in paragraph (1)(A)(ii) of the availability 
of the agreements provided for in this subparagraph. 
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‘‘(vi) The Commissioner shall, from time to time, 
offer institutions described in clause (v) training in enter-
ing into the agreements provided for in this subparagraph. 
‘‘(vii) Within 6 months after the end of each fiscal 
year, the Commissioner shall submit to the Congress a 
written report on the activities conducted pursuant to this 
subparagraph during the fiscal year.’’. 
SEC. 5. MEDICAID BENEFITS. 
(a) REINSTATEMENT OF MEDICAID ENROLLMENT.— 
(1) IN GENERAL.—Section 1902(a) of the So-
cial Security Act (42 U.S.C. l396b(a)) is amended— 
(A) by striking ‘‘and’’ at the end of para-
graph (82); 
(B) by striking the period at the end of 
paragraph (83) and inserting ‘‘; and’’; and 
(C) by inserting after paragraph (83) the 
following new paragraph: 
‘‘(84) provide that in the case of any individual 
enrolled for medical assistance under the State plan 
immediately before becoming an inmate of a public 
institution— 
‘‘(A) the enrollment of such individual 
shall be reinstated upon release from such insti-
tution unless and until there is a determination 
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