GN 02613.900 Offense Code Categories for Crimes

Beginning in April 2009, under the Martinez nationwide class action settlement, the agency agreed that it would only suspend Title II benefits or suspend or deny Title XVI benefits based on a felony arrest warrant if the warrant was for one of the three felony offense codes that refer expressly to flight or escape (i.e., offense codes 4901, 4902, and 4999). The settlement did not affect the policy for such nonpayments in the case of probation or parole violators.

1. Violent crimes

The Department of Justice provides information on crimes through a number of sources including the Bureau of Justice Statistics (BJS) and the FBI. BJS defines violent offenses as those that are “threatening, attempting, or actually using physical force against a person.” Crimes listed as “violent” by BJS are murder, negligent manslaughter, assault, robbery, sexual abuse, kidnapping, threatening communication, and threats against the President. The FBI, while not categorizing crimes as “violent,” reports crime statistics in a manner consistent with the BJS definition. In both the Uniform Crime Report and the National Incident-Based Reporting System (NIBRS), the FBI categorizes crimes that threaten, attempt, or actually use physical force against a person as assault, homicide, kidnapping/abduction, robbery, and forcible sex offenses. NIBRS derived its two-digit offense codes from the FBI’s four-digit National Crime Information Center (NCIC) Uniform Offense Classification Codes. “Violent” crimes are reported in the 0900, 1000, 1100, 1200, and 1300 series of the NCIC offense codes. Offense codes representing communication threatening use of physical force are 1602, 2101, 5215, and 5216.

NOTE: For probation or parole violators, the NCIC code will frequently be 5011, 5012, 8101 or 8102. These codes generically identify the case as a probation or parole violation and do not provide specific information concerning the nature of the original offense or the nature (i.e., non violent or not drug related, etc.) of the probation or parole violation. The facts regarding the nature of the probation or parole violation cause may be available on FFAP or on the FFSCF. If there is no additional information provided in FFAP or on the FFSCF the information will have to be obtained from the beneficiary, if necessary, because they are requesting good cause.

2. Drug-related abuse crimes

The FBI, in its NIBRS guidelines, defines drug-related crimes as “The unlawful cultivation, manufacture, distribution, sale, purchase, use, possession, transportation, or importation of any controlled drug or narcotic substance.” Drug crimes are reported in the 3500 series of the NCIC offense codes.

B. Exhibit – list of violent, drug related and nonviolent and not drug related offense codes

1. List of NCIC crime codes

The following list represents a compilation of criminal offense codes that the Department of Justice has determined to be violent or drug-related or nonviolent and not drug related. The violent crimes are coded as a “V” on the chart and the drug-related crimes are coded as “D”. Additionally, the offense codes listed on the chart that do not have a value of “D” or “V” represent non-violent or not drug related criminal offenses.

2. Using the NCIC crime code chart

NOTE: If the offense code information on the FFWQ is “blank” or “9999” it means that no offense code was provided by the reporter. Code 9999 or blank should not be interpreted as a crime that is not violent or not drug related. Refer the case to OIG via email (^Fugitive Felon) to request assistance in determining the appropriate NCIC offense code. In the Subject Line of the email, include your District Office (DO) or Processing Center (PC) code. For additional instructions on referring warrants to OIG, see GN 02613.150B.1.

a. Offense code categories for violent and drug related crimes

NOTE: Some of the warrant referrals received from law enforcement list "driving under the influence" as a charge on the warrant. If the warrant lists a charge of "driving under the influence," you must determine if the charge is related to the individual's alcohol consumption or drug consumption. (See GN 02613.175B.1.a. for instructions on developing for missing or incomplete NCIC offense codes.) If the charge is based on alcohol consumption, the charge is not a drug-related crime. If the individual has a "driving while under the influence" charge that is drug related, refer to GN 02613.900B.2.b. for the applicable NCIC offense codes for drug related crimes.

b. NCIC code listing

*NOTE : Warrants with Offense Code 5599 issued by the State of California could potentially be for a drug-related crime. If discretionary good cause is requested, instruct the individual to obtain evidence per GN 02613.025B.4.c. and GN 02613.025B.4.d.