18 U.S.C. § 4248

Civil commitment of a sexually dangerous person

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(a)Institution of Proceedings.—In relation to a person who is in the custody of the Bureau of Prisons, or who has been committed to the custody of the Attorney General pursuant to section 4241(d), or against whom all criminal charges have been dismissed solely for reasons relating to the mental condition of the person, the Attorney General or any individual authorized by the Attorney General or the Director of the Bureau of Prisons may certify that the person is a sexually dangerous person, and transmit the certificate to the clerk of the court for the district in which the person is confined. The clerk shall send a copy of the certificate to the person, and to the attorney for the Government, and, if the person was committed pursuant to section 4241(d), to the clerk of the court that ordered the commitment. The court shall order a hearing to determine whether the person is a sexually dangerous person. A certificate filed under this subsection shall stay the release of the person pending completion of procedures contained in this section.(b)Psychiatric or Psychological Examination and Report.—Prior to the date of the hearing, the court may order that a psychiatric or psychological examination of the defendant be conducted, and that a psychiatric or psychological report be filed with the court, pursuant to the provisions of section 4247(b) and (c).(c)Hearing.—The hearing shall be conducted pursuant to the provisions of section 4247(d).(d)Determination and Disposition.—If, after the hearing, the court finds by clear and convincing evidence that the person is a sexually dangerous person, the court shall commit the person to the custody of the Attorney General. The Attorney General shall release the person to the appropriate official of the State in which the person is domiciled or was tried if such State will assume responsibility for his custody, care, and treatment. The Attorney General shall make all reasonable efforts to cause such a State to assume such responsibility. If, notwithstanding such efforts, neither such State will assume such responsibility, the Attorney General shall place the person for treatment in a suitable facility, until—(1) such a State will assume such responsibility; or(2) the person’s condition is such that he is no longer sexually dangerous to others, or will not be sexually dangerous to others if released under a prescribed regimen of medical, psychiatric, or psychological care or treatment;whichever is earlier.(e)Discharge.—When the Director of the facility in which a person is placed pursuant to subsection (d) determines that the person’s condition is such that he is no longer sexually dangerous to others, or will not be sexually dangerous to others if released under a prescribed regimen of medical, psychiatric, or psychological care or treatment, he shall promptly file a certificate to that effect with the clerk of the court that ordered the commitment. The clerk shall send a copy of the certificate to the person’s counsel and to the attorney for the Government. The court shall order the discharge of the person or, on motion of the attorney for the Government or on its own motion, shall hold a hearing, conducted pursuant to the provisions of section 4247(d), to determine whether he should be released. If, after the hearing, the court finds by a preponderance of the evidence that the person’s condition is such that—(1) he will not be sexually dangerous to others if released unconditionally, the court shall order that he be immediately discharged; or(2) he will not be sexually dangerous to others if released under a prescribed regimen of medical, psychiatric, or psychological care or treatment, the court shall—(A) order that he be conditionally discharged under a prescribed regimen of medical, psychiatric, or psychological care or treatment that has been prepared for him, that has been certified to the court as appropriate by the Director of the facility in which he is committed, and that has been found by the court to be appropriate; and(B) order, as an explicit condition of release, that he comply with the prescribed regimen of medical, psychiatric, or psychological care or treatment.The court at any time may, after a hearing employing the same criteria, modify or eliminate the regimen of medical, psychiatric, or psychological care or treatment.(f)Revocation of Conditional Discharge.—The director of a facility responsible for administering a regimen imposed on a person conditionally discharged under subsection (e) shall notify the Attorney General and the court having jurisdiction over the person of any failure of the person to comply with the regimen. Upon such notice, or upon other probable cause to believe that the person has failed to comply with the prescribed regimen of medical, psychiatric, or psychological care or treatment, the person may be arrested, and, upon arrest, shall be taken without unnecessary delay before the court having jurisdiction over him. The court shall, after a hearing, determine whether the person should be remanded to a suitable facility on the ground that he is sexually dangerous to others in light of his failure to comply with the prescribed regimen of medical, psychiatric, or psychological care or treatment.(g)Release to State of Certain Other Persons.—If the director of the facility in which a person is hospitalized or placed pursuant to this chapter certifies to the Attorney General that a person, against whom all charges have been dismissed for reasons not related to the mental condition of the person, is a sexually dangerous person, the Attorney General shall release the person to the appropriate official of the State in which the person is domiciled or was tried for the purpose of institution of State proceedings for civil commitment. If neither such State will assume such responsibility, the Attorney General shall release the person upon receipt of notice from the State that it will not assume such responsibility, but not later than 10 days after certification by the director of the facility.(Added Pub. L. 109–248, title III, § 302(4), July 27, 2006, 120 Stat. 620.)Editorial NotesPrior Provisions

A prior section 4248, act Sept. 7, 1949, ch. 535, § 1, 63 Stat. 688, related to the termination of custody by release or transfer, prior to its omission in the general amendment of this chapter by Pub. L. 98–473, title II, § 403(a), Oct. 12, 1984, 98 Stat. 2057.

Notes of Decisions

Cited in 224 cases (24 in the last 5 years), 1954–2026 · leading case: United States v. William Welsh, 879 F.3d 530 (4th Cir. 2018).

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United States v. William Welsh, 879 F.3d 530 (4th Cir. 2018). · cites it 18× “18 U.S.C. § 4248 (a). Under federal law, a person is a “sexually dangerous person” if he has “engaged or attempted to engage in sexually violent conduct or child molestation and .”

United States v. Comstock, 560 U.S. 126 (2010). · cites it 15× “18 U. S. C. §4248 . The Government in stituted civil-commitment proceedings under §4248 against respon dents, each of whom moved to dismiss on the ground, inter alia, that, in enacting the statute, Congress exceeded its powers under the Nec essary and Proper Clause, U.”

United States v. Edgar Searcy, 880 F.3d 116 (4th Cir. 2018). · cites it 23× “18 U.S.C. § 4248 . On December 4, 2015, as 2 the end of Searcy’s sentence approached, the Bureau of Prisons certified Searcy as a sexually dangerous person and petitioned to have him civilly committed pursuant to the Act.”

United States v. Volungus, 595 F.3d 1 (1st Cir. 2010). · cites it 8× “18 U.S.C. § 4248 (a). A "sexually dangerous person" within the meaning of the Walsh Act is one "who has engaged or -2- attempted to engage in sexually violent conduct or child molestation and who is sexually dangerous to others.”

United States v. Marc Turner, 689 F.3d 1117 (9th Cir. 2012). · cites it 20× “18 U.S.C. § 4248 (a). Under normal circumstances, Tur- ner’s term of supervised release would have commenced upon release from imprisonment.”

United States v. Shields, 522 F. Supp. 2d 317 (D. Mass. 2007). · cites it 13× “” See 18 U.S.C. § 4248 (a). Charles Peavy, Jeffrey Shields, and Joel Wetmore, the respondents, 2 are three individuals currently in the custody of the Bureau of Prisons (“BOP”) pursuant to a government certification that each is a “sexually dangerous person” under the Act.”

United States v. Sean Wayda, 966 F.3d 294 (4th Cir. 2020). · cites it 13× “Pursuant to 18 U.S.C. § 4248 , the Government’s filing in the Eastern District of North Carolina sought the commitment of Appellee to the custody of the Attorney General as a “sexually dangerous person.”

United States v. Sean Francis, 686 F.3d 265 (4th Cir. 2012). · cites it 12× “The government certified that Francis, who had numerous criminal convictions based on his repeated *268 conduct of placing threatening and obscene telephone calls, was a “sexually dangerous person,” within the meaning of 18 U.S.C. § 4248 . After conducting an evidentiary…”

Timms v. Johns, 627 F.3d 525 (4th Cir. 2010). · cites it 6× “2010), challenging the government’s efforts to commit him civilly as a “sexually dangerous person” under the provisions of 18 U.S.C.A. § 4248 (West Supp.2010). For the reasons set forth below, we vacate the district court’s order granting habeas relief to Timms and remand with…”

United States v. Jose De La Luz Perez, 752 F.3d 398 (4th Cir. 2014). · cites it 14× “TRAXLER, Chief Judge: Jose De La Luz Perez appeals from an order of the district court concluding after an evidentiary hearing that Perez is a “sexually dangerous person,” 18 U.S.C. § 4248 (a), under the Adam Walsh Child Protection and Safety Act of 2006 (the “Act”), Pub.”

United States v. Comstock, 507 F. Supp. 2d 522 (E.D.N.C. 2007). · cites it 10× “Comstock is being held in prison, however, pursuant to the government’s certification of Comstock as a “sexually dangerous person” on 2 November 2006, under the civil commitment provision of the Walsh Act, 18 U.S.C. § 4248 . Comstock’s release has been stayed pursuant to § 4248…”

Thomas Matherly v. J.F. Andrews, 859 F.3d 264 (4th Cir. 2017). · cites it 4× “DIAZ, Circuit Judge: Pursuant to the Adam Walsh Child Protection and Safety Act of 2006 (the “Adam Walsh Act”), 18 U.S.C. § 4248 , the government certified Thomas Matherly as a sexually dangerous person in November 2006.”

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— 18 U.S.C. § 4248(a) — 1 case

United States v. Hunt, 21 F.4th 36 (1st Cir. 2021).

— 18 U.S.C. § 4248(g) — 1 case

United States v. William Welsh, 879 F.3d 530 (4th Cir. 2018). “18 U.S.C. § 4248 (a). Under federal law, a person is a “sexually dangerous person” if he has “engaged or attempted to engage in sexually violent conduct or child molestation and .”

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