28 C.F.R. § 549.95

Determining “serious difficulty in refraining from sexually violent conduct or child molestation if released.”

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In determining whether a person will have “serious difficulty in refraining from sexually violent conduct or child molestation if released,” Bureau mental health professionals may consider, but are not limited to, evidence:

(a) Of the person's repeated contact, or attempted contact, with one or more victims of sexually violent conduct or child molestation;

(b) Of the person's denial of or inability to appreciate the wrongfulness, harmfulness, or likely consequences of engaging or attempting to engage in sexually violent conduct or child molestation;

(c) Established through interviewing and testing of the person or through other risk assessment tools that are relied upon by mental health professionals;

(d) Established by forensic indicators of inability to control conduct, such as:

(1) Offending while under supervision;

(2) Engaging in offense(s) when likely to get caught;

(3) Statement(s) of intent to re-offend; or

(4) Admission of inability to control behavior; or

(e) Indicating successful completion of, or failure to successfully complete, a sex offender treatment program.

Notes of Decisions

Cited in 2 cases, 2012–2017 · leading case: Heyer v. United States Bureau of Prisons, 849 F.3d 202 (4th Cir. 2017).

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Heyer v. United States Bureau of Prisons, 849 F.3d 202 (4th Cir. 2017). “” 28 C.F.R. § 549.95 . Adam Walsh detainees at Butner are expected to participate in the “Commitment and Treatment Program” (“CT Program”).”

United States v. Gerald Timms, 664 F.3d 436 (4th Cir. 2012). “94 (defining “sexually dangerous to others”); 28 C.F.R. § 549.95 (setting guidelines for determining if an individual will have "serious difficulty in refraining from sexually violent conduct or child molestation if released”).”

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